Voice vote approves same-sex marriage
By Robert Benzie, Queen's Park Bureau, thestar.com from the Web, March 2, 2005
Toronto, Feb.25 -- Ontario politicians enshrined in law the reality of same-sex marriage yesterday with a controversial voice vote that means there is no permanent record of how MPPs voted.
After wheeling and dealing in the backrooms at Queen's Park among all three parties, only three Conservative MPPs called for a recorded vote, two short of the five required.
Instead, legislators voted "yea" or "nay" with the legislation passing easily.
The amendments passed affect 73 provincial laws that contain the terms "spouse," "spousal," "marriage," "marital," "husband," "wife," "widow" and "widower."
Attorney-General Michael Bryant said the changes had to be made because the laws as written violated the Charter of Rights and Freedoms.
"I'm very pleased that we have aligned our statutes with the Charter of Rights and Freedoms on the subject of same-sex spouses and same-sex marriage," he said.
Bryant noted Ontario has recognized same-sex marriages since June 2003, when the provincial Court of Appeal ruled that excluding gays and lesbians from the right was unconstitutional.
Rev. Brent Hawkes, a veteran gay and lesbian rights activist who sat in the government gallery for the historic vote, hailed the changes.
"The province of Ontario ... is probably one of the few jurisdictions anywhere in the world whose laws have been totally brought into conformity for protection of gays and lesbians," he said.
The bill removes gender and gender-specific language from Ontario definitions of marriage and uses the term "spouse" to include opposite-sex couples and same-sex couples who are married or who live together in conjugal relationships outside marriage.
It mirrors proposed federal legislation to legalize same-sex marriage now being debated in the House of Commons.
But because the solemnization of marriage falls under provincial jurisdiction, Ottawa's proposed law has no effect in protecting religious rights. To that end, the law ensures members of the clergy are exempted from performing same-sex services if it violates their religious beliefs, but civil officials must conduct such services.
Bill Murdoch (Bruce-Grey-Owen Sound), who filibustered for almost an hour in opposition of the bill and was one of the three Tories demanding a record vote, lamented the process.
"There are a lot of people in Ontario that are against this bill," said Murdoch. "Democracy is dead in Ontario" because the way MPPs voted was not recorded.
The other Tories were Jerry Ouellette (Oshawa) and Frank Klees (Oak Ridges). Sources said Conservative Leader John Tory, who supports the legislation, implored his members not to demand a recorded vote.
But New Democrat Peter Kormos (Niagara Centre) said a permanent recording of the vote in Hansard should have been permitted.
"I find it embarrassing as a member of the Legislature that legislators, members of provincial parliament, would flee from putting themselves clearly on the record by way of a recorded vote," he said.
With Files From Richard Brennan
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