Gay
couples tied in knots
By ROMA LUCIW
Wednesday, January
18, 2006 Posted at 12:24 PM EST
Globe and Mail
Update
Stephen Harper's pledge to review the rights of same-sex couples
to get married has some couples rushing to tie the knot, and has
created confusion and turmoil in the budding Canadian gay wedding
industry.
Wedding planner
Rita Leonard, who owns Winnipeg-based Pride Bride with her life
partner Paula, says the number of calls they are receiving has spiked
by about 40 per cent since Christmas.
"People
are definitely concerned," she said. "Couples are calling
and asking us what we think. They are saying if the Conservatives
win, they want to get married right away."
George Smitherman,
Ontario's health minister, says he and his partner Christopher Peloso
may move up their wedding date if Mr. Harper wins the federal election
on Monday. The couple is now considering getting hitched this year,
which is earlier than originally planned.
"The reality
is for some Canadians who currently possess certain rights, these
rights seem to be less certain -- put at risk -- by a Harper election...,"
Mr. Smitherman said before a cabinet meeting.
The Liberal
government legalized gay marriages last spring and changed the definition
of marriage to include same-sex unions. Mr. Harper, the Conservative
leader now leading in the polls, has promised that if his party
forms the government, he will bring the same-sex marriage debate
before the House of Commons for a free vote among MPs. He has also
vowed that not to try to get around any future court decisions by
using the constitutional notwithstanding clause.
While most provincial
courts have ruled that denying marriage to gays and lesbians violates
their equal rights under the Charter, Mr. Harper argues the constitutional
override clause would not be needed because the Supreme Court would
respect Parliament's stance on the issue and not overturn any legislation
it implements.
Some legal experts
say that even if a majority of MPs vote to change marriage back
to the traditional man-woman definition, courts in eight provinces
have already ruled that keeping people of the same sex from marrying
violates their constitutional rights.
In an open letter,
more than 100 Canadian constitutional law experts recently cautioned
Mr. Harper not to proceed with his plans -- if he is elected prime
minister -- without first referring the proposed legislation to
the Supreme Court of Canada. The highest court in this country has
never ruled on whether the traditional definition of marriage was
unconstitutional.
Many law professors
have said that the only way Parliament could overturn same-sex marriage
is to use the notwithstanding clause. Mr. Harper has dismissed what
appears to be the legal consensus.
"Mr. Harper
is suggesting legislation that legal experts agree is unconstitutional,"
said Laurie Arron, director of advocacy for Egale Canada, which
represents gay and lesbian issues. "Ultimately, it won't hold
up in court, but it will be messy, costly and pointless in the meantime."
Glen Cruickshank,
the owner of Bonnevue Manor in west Toronto, he and others in the
wedding industry are concerned about how all of this will play out.
Same-sex unions are the fastest-growing part of his business.
"I don't
know if Stephen Harper will be able to undo all of this," he
said.
Most of Mr.
Cruickshank's gay clients are from the United States, so they are
unaware of the issue. He says he is "confused" about what
could happen and admits that if they do start calling, he would
have no idea what to tell them.
For her part
Ms. Leonard, who licenses marriages, has been telling people not
to panic, that it will take more than one election to change things.
Her company, which facilitates marriages between both gay and straight
couples, has doubled its business its year. At least half of her
clientele is also from the U.S.
Calls from concerned
Canadian couples are coming in every day, she said. "There
are people who have planned their services for this summer, and
some of them have decided that if the Conservatives win, they will
do the marriage paperwork immediately and hold off and have their
party in July or August."
With files from
Canadian Press
http://www.theglobeandmail.com/servlet/story/RTGAM.20060118.wgayweddings0118/BNStory/Front
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