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Bill C-38The Civil Marriage Act (full title: An Act respecting certain aspects of legal capacity for marriage for civil purposes) was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. The proposed legislation would legalize same-sex marriage in Canada. As usual for federal legislation in Canada, the bill also includes a French text of equal force to the English. The title in French for Projet de loi C-38 is Loi sur le mariage civil, or in full, Loi concernant certaines conditions de fond du mariage civil. The Bill This is the bill's official legislative summary: - This enactment extends the legal capacity for marriage for civil purposes to same-sex couples in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms. It also makes consequential amendments to other Acts to ensure equal access for same-sex couples to the civil effects of marriage and divorce.http://www.parl.gc.ca/38/1/parlbus/chambus/house/bills/government/C-38/C-38_1/C-38-2E.html
Section 1 simply specifies the bill's short title. Sections 2-4 form the key provisions of the bill, and read in full as follows: - Marriage - certain aspects of capacity
- 2. Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.
- Religious officials
- 3. It is recognized that officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs.
- Marriage not void or voidable
- 4. For greater certainty, a marriage is not void or voidable by reason only that the spouses are of the same sex.
The remaining sections are "consequential amendments" that simply adjust the wording of existing acts to conform to this one. Politics The prevailing opinion among political commentators indicates the bill will likely pass (see a detailed analysis at members of the 38th Canadian Parliament and same-sex marriage). As a government bill, C-38 represents the official position of Paul Martin's Liberal government, and the cabinet will thus be bound to vote in its favor. Liberal backbenchers and members of the Conservative Party and Bloc Qubcois will have a free vote. The New Democratic Party (NDP) intends its vote to be whipped in favour. Most Conservatives intend to vote against C-38, while most Bloquistes intend to vote in favour. It is believed all NDP members except one will follow the party line and vote in favour. The bill was given its first reading on February 1, 2005 after its introduction by Justice minister Irwin Cotler. C-38 is closely based on a draft bill produced by then-Justice minister Martin Cauchon in 2003 and submitted to the Supreme Court of Canada as the reference question . Chronology See also External links
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