RELIGION, SEXUAL ORIENTATION AND THE STATE: CAN PUBLIC OFFICIALS REFUSE TO PERFORM SAME-SEX MARRIAGE?

Abstract

In Canada, civil marriages are performed by both public officials and religious officials. The Supreme Court of Canada recently confirmed that religious officials cannot be compelled to perform same-sex marriages contrary to their religious beliefs. This article concludes that accommodating the religious belief of public officials who refuse to perform same-sex marriages is an appropriate response as Canada transitions from the historical and familiar definition of marriage as the union of one man and one woman to the new and inclusive definition of marriage as the union of two persons.