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Cases In Canada, Britain Sanction Refuals To Treat Gay Couples Equally

By Howard M. Friedman

In M.J. v. Nichols, (Sask. Hum. Rts. Trib., May 23, 2008), the Saskatchewan Human Rights Tribunal held that a government marriage commissioner must not discriminate in performing civil marriages. The Tribunal held that a Commissioner who refused to perform a ceremony for a gay couple violated Section 12 of the Saskatchewan Human Rights Code. Awarding damages of only $2500, the Tribunal said: "it is clear that the Respondent was acting out of his genuine and sincere religious belief in refusing to perform the marriage ceremony. This is not a case where the Respondent was simply acting in a callous and calculated manner. Even though I have determined that the Respondent was not entitled to refuse to perform the marriage ceremony on the basis of his religious beliefs, I can take this into account in assessing an appropriate award." Canadian Press yesterday reported on the case.

Meanwhile in Britain, the Devon County Council has suspended the license of the Earl of Devon to use his castle for marriage ceremonies after he refused on religious grounds to permit a gay couple to hold a civil partnership ceremony there. Friday's Pink News reports that this is the first time such action has been taken under the Equality Act (Sexual Orientation) Regulations that came into effect last year.

Full post as published by Religion Clause on May 31, 2008 (boomark / email).