Despite the noise,
Tories fight
against same-sex marriage is lost
It's coming to a city hall near you,
and all the sabre-rattling
and political broadsides won't stop it
Graham Thomson, The Edmonton Journal, canada.com from the Web, December 11, 2004
Edmonton, Alberta -- The legal battle is lost. Now, the political war begins.
The Alberta government is preparing to change strategies in its fight against same- sex marriage.
And, oh boy, it's promising one heck of a brawl. It'll be there in the front lines, praising the Lord and passing the ammunition.
Never mind that it doesn't know yet how it will conduct the fight. But it's polishing up its sabres and, by golly, they'll get a good rattling.
It's also clearing the decks for action, never mind that the ship is sinking under its feet.
Before this issue is lost the government is determined to fire a few more broadsides, no matter how badly aimed or futile.
If nothing else, it will make a lot of noise. And when it comes to the Alberta government's fight against same-sex marriage, making noise seems pretty much to be the point.
The government has been firing off salvos and rattling its sabres since 2000 when it passed the province's Marriage Act which defined marriage as "a marriage between a man and a woman."
The government said the act operated notwithstanding the Canadian Charter of Rights and Freedoms.
In other words it invoked the notwithstanding clause.
It was a moot point then, it's a moot point now. Not to mention unconstitutional.
As the Supreme Court reaffirmed in its ruling this week, only the federal parliament can define "marriage."
The provinces only have the jurisdiction to legislate the formalities of the wedding ceremony such as the requirements for witnesses and the accreditation of the person performing the marriage.
As Alberta's new Justice Minister, Ron Stevens, said in a masterful understatement, "The reality is that our ability to defend the Marriage Act has been restricted by this ruling."
By restricted he means beaten to an unrecognizable pulp. The definition of marriage is in the hands of parliament and Prime Minister Paul Martin has said he'll push ahead with legislation to legalize same-sex marriages.
That's where the Alberta government is hoping to take its fight, such as it is.
Stevens is urging people to lobby their member of Parliament, which seems like another moot point given that all the MPs in Alberta, save two, are Conservatives and therefore already on side with the Klein government.
One of the Liberals, David Kilgour, is on record as being opposed to same-sex marriages.
The other, Deputy Prime Minister Anne McLellan, will stand staunchly behind Martin.
Lobbying won't change anything.
Nevertheless, the Alberta government is still hoping the federal legislation will either be tripped up by a revolt in the Liberal ranks or be defeated on the floor of Parliament.
Yes, Martin has a minority government, and some of his own caucus members will oppose his legislation, but the New Democrats and Bloc Quebecois will likely support the Liberal bill.
This is a fight the Conservatives, both federal and Albertan, seem destined to lose.
That's what infuriates the Klein government. It has its knickers in a knot at the thought of two guys tying the knot.
Cabinet will meet next week to discuss the Alberta government's options. It'll be an interesting meeting, not only because of the same-sex debate.
The government is about to retool itself with changes to how it handles top level meetings of cabinet as well as the agenda and priorities committee.
It's all part of post-election life in the Alberta government and the Tory party which lost 13 seats in last month's election.
It also lost 77,000 votes to the new Alberta Alliance party, a fact of political life that has stiffened the government's resolve against same-sex marriage.
Premier Klein's opposition is not only based on a personal opinion that marriage should be between a man and woman, it's reinforced by public opinion polls which show a majority of Albertans oppose same-sex marriage.
Tories are afraid if they don't stand firm on this issue they'll lose even more ground to the right-wing Alliance which got its first MLA elected.
Paul Hinman is already calling the Klein government weak, saying it should refuse to go along with a federal law, even to the point of civil disobedience.
"You just have to stand up, you say 'no' and you fight it. If the courts come down and say 'you have to,' how are they going to force us to do it?"
Yes, let's disobey the laws we don't happen to like, especially those based on the Charter of Rights and reviewed by the Supreme Court.
I must remember that argument if ever I'm caught speeding.
Tories should be glad Hinman got elected; he makes their stand look moderate and reasonable.
No matter what you think of Klein's fight, it would appear doomed. Same-sex marriage is coming to a city hall near you.
All the sabre-rattling, political broadsides and rhetorical yelling won't stop it.
You might as well learn to accept it. In the meantime, earplugs wouldn't hurt.
gthomson@thejournal.canwest.com
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