In Canada, common-law couples have most of the same rights as married couples. The shared-property rights are different, but it is possible, for example, for a common-law couple to name each other as beneficiaries of insurance policies. Therefore, in Canada, the difference between legal marriage and common-law is not as clear as I believe it is in the States.
A law was recently proposed in Canada which would legalize gay marriage while protecting a church's right to refuse to marry gays. However, in order to get a license to perform marriages, pastors must sign a legal contract which includes the phrase, "uphold the laws of Canada and the province of . . ." This has several denominations rather worried, because the case could be made that refusing to perform a legal marriage was a breach of the licensing agreement and therefore was illegal. They're worried about getting sued, enough so that at least one denomination is going to have all its ministers turn in their licenses to perform marriages. They would still perform the religious ceremony, but for a legal marriage the couple would need to get a civil ceremony too.
I don't think it would be a problem, because, as you say, the Church has always exercised judgement in who it married. If they can refuse to marry people with a prior divorce, why can't they refuse to marry gays? But that's where the debate is headed right now in Canada.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
(no subject)
Date: 2005-01-09 09:47 pm (UTC)A law was recently proposed in Canada which would legalize gay marriage while protecting a church's right to refuse to marry gays. However, in order to get a license to perform marriages, pastors must sign a legal contract which includes the phrase, "uphold the laws of Canada and the province of . . ." This has several denominations rather worried, because the case could be made that refusing to perform a legal marriage was a breach of the licensing agreement and therefore was illegal. They're worried about getting sued, enough so that at least one denomination is going to have all its ministers turn in their licenses to perform marriages. They would still perform the religious ceremony, but for a legal marriage the couple would need to get a civil ceremony too.
I don't think it would be a problem, because, as you say, the Church has always exercised judgement in who it married. If they can refuse to marry people with a prior divorce, why can't they refuse to marry gays? But that's where the debate is headed right now in Canada.