Canada Moves to OK Gay Unions

OTTAWA —  Canada’s House of Commons passed landmark legislation Tuesday to legalize same-sex marriage nationwide.

Prime Minister Paul Martin, a Roman Catholic who personally struggled with the issue, advocated it as a crucial protection for human rights, despite the country’s deep divisions over the matter.

“We are a nation of minorities,” Martin said. “And in a nation of minorities, it is important that you don’t cherry-pick rights. A right is a right, and that is what this vote tonight is all about.”

Alex Munter, national coordinator of Canadians for Equal Marriage, hailed the 158-133 vote. It was a “proud and exciting day to be a Canadian,” he said.

Canada’s Senate has to approve the bill for it to become law, but it is expected to pass the chamber quickly, probably by the end of July.

Nine of Canada’s 13 provinces and territories already allow gay unions, and Martin said he wanted to ensure that no one encounters discrimination in the rest of the country. Belgium and the Netherlands already allow same-sex marriage, and similar legislation allowing civil unions has been passed in Denmark, Finland, France, Germany, Iceland, Norway, Portugal and Sweden.

The debate over equal rights for same-sex couples has simmered for years in Canada. The first application for a marriage license by a gay couple was made more than 30 years ago. In 2003, an Ontario court recognized the 2001 marriage of two Toronto bankers, Joe Varnell and Kevin Bourassa. Then, province by province, similar legal challenges carved out equal treatment for same-sex couples.

The issue gained momentum in December, when the Supreme Court ruled that the passage of gay-marriage legislation would not violate the constitution, allowing Martin’s party to introduce the Civil Marriage Act in February. Tuesday’s vote seemed to signal the end of the long-running, often bitter debate.

“This is a historical moment,” Varnell said in an interview. “Canada is passing a test tonight. We’re saying our constitution represents all Canadians, not just the majority.”

Lawmakers were careful to ensure that religious officials who disagree with the law will not be compelled to preside over same-sex unions. The bill was also amended at the last minute to exempt nonprofit organizations from participating in the ceremonies. That provision was added after two lesbians sued the Knights of Columbus for refusing to play host to their wedding.

Despite the bill’s passage, conservative and church groups still regard the legislation as an attack on the traditional notion of family and the structure of society. A January poll by Compas Research found that although 69% of Canadians support protecting gays from discrimination, 65% are also “anti-gay marriage,” preferring to keep the traditional definition intact.

“What will be the next step down the infamous slope?” said David Chatters, a member of the opposition Conservative Party from Alberta, during the Commons debate Tuesday. “Will it be legalizing polygamy? Legalizing prostitution? Legalizing hard drugs or maybe just working for organized crime to import strippers and drugs? God only knows, Mr. Speaker.”

The leader of the Conservatives, Stephen Harper, vowed to repeal the law if his party came to power. “There will be a chance to revisit this in a future Parliament,” he said.

Joseph Ben-Ami, executive director of the Defend Marriage Coalition, which opposed the bill, said the group hoped to ask the Supreme Court to uphold the traditional definition of marriage, a question on which it has not ruled.

Political analysts said that once same-sex marriage was legalized across Canada, it would be difficult to go back, even if the Conservatives won the next election.

“By then, the water will have gone under that bridge,” said Neil Nevitte, a University of Toronto professor who studies Canadian elections. He said that unlike in the U.S., where same-sex marriage is a hot-button issue, allowing gays and lesbians to marry “is only a wildly provocative measure among small pockets” of Canadians.

The country’s move highlights its widening social differences with the United States, which recently outlawed medical marijuana -- legal in Canada -- and has flirted with a constitutional amendment banning same-sex marriage nationwide.

In the U.S., gay marriage is opposed by the majority, according to an Associated Press-Ipsos poll taken in November. Only the state of Massachusetts recognizes same-sex marriages, and Vermont and Connecticut allow same-sex civil unions, whereas 15 states ban same-sex marriage by law or constitutional provision.

Bourassa said the U.S. was home to the civil rights movement that inspired progress in gay rights, and he hoped that Canada could become a model for its neighbor to the south.

“I think we will be an example more tangible and familiar to the Americans than Netherlands or Belgium. When they see our society functioning in a healthy manner, respectful of differences, there will be a greater comfort in the embrace of diversity.”

Times staff writer Farley reported from New York and special correspondent Guly from Ottawa.