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Wednesday, June 29, 2005

Trumping Freedom With Freedom 

When I finally calmed down and went to bed last night, this thought popped into my head.

If a homosexual couple subscribes to a particular faith (which some do, be it Judaism, Christianity, or even Islam in the case of a friend of mine), they now currently have, from the Charter:

2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.

Freedom of conscience and religion is a Fundamental Freedom in the Charter.

Okay. So that couple now wants to get married, which legally (thanks to last night) they can do. They decide to get married in their place of worship, despite the fact that their faith does not condone homosexuality. The church argues that they have the right to refuse to marry the couple. The couple argues that they have a right to practice their faith, and the right to be married.

What happens? Can the couple take the church to court? If so, can they win?

It's all well and good for the government to say they protect the rights of religious institutions (and this government is known for keeping its word, right?), but what if we suddenly see a wave of homosexiuals who have found faith? Or some version of faith, anyway, since very few main religions support that lifestyle? Do these homosexuals have the right to be married in their churh, or do they - as a community - need to create their own religion to suit their needs? Highly unlikely they'd be willing to do that, since they were unwilling to even produce a new word to represent the union of two people of the same gender.

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