The federal government won't appeal three recent rulings that said banning same-sex marriages is unconstitutional.
Prime Minister Jean Chrétien made the announcement Tuesday at the conclusion of a Liberal cabinet retreat in Ottawa.
"We won't be appealing the recent decision on the definition of marriage. Rather, we'll be proposing legislation that will protect the right of churches and religious organizations to sanctify marriage as they define it. At the same time, we will ensure that our legislation includes and legally recognize the union of same-sex couples," he said.
He said the government plans to move quickly on the bill, and then refer the legislation to the Supreme Court. After that, it will be put to a free vote in the House of Commons, Mr. Chrétien said.
The Prime Minister speaks at a news conference Tuesday in Ottawa. (Jonathan Hayward/CP)
"We don't want there to be a long period of uncertainty."
Justice Minister Martin Cauchon had indicated that he would urge his cabinet colleagues not to appeal the ruling and to instead look at creating legislation that sanctions gay marriages.
Since appeal courts in Quebec, B.C. and, last week, Ontario, have ruled in favour of same-sex couples, the pressure was on Ottawa to determine whether the definition of marriage should be decided by Parliament or the courts.
Mr. Chrétien said that for him, the decision was made based on the evolution of society and the acceptance of same-sex marriages.
Mr. Cauchon said discussions in the cabinet meeting surrounded the fundamental rights and freedoms of Canadians as defined under the Charter.
"[These are] values we have decided to protect as a country," he said.
Mr. Chrétien acknowledged that some religious groups and individual Canadians won't agree with the decision.
Once legislation is drafted, it will be put to a free vote in the House of Commons, Mr. Chrétien said, meaning Liberal MPs who don't agree will be free to vote as they wish and it won't be considered a confidence vote in the government.
He said that at this time, Ottawa won't be using the notwithstanding clause although at least one premier--Alberta's Ralph Klein, has said he will do so.
The notwithstanding clause of the Constitution would exempt Alberta from any court ruling that they should be recognized.
Openly gay NDP MP Svend Robinson said after the decision was announced: "It's a great day, it's a great day for gay and lesbian people in Canada and I commend the Prime Minister. I think he's shown a real leadership here today."
Canadian Alliance justice critic Vic Toews was disappointed, saying the government had made a "grave error in judgment" in not appealing the ruling. He said an appeal would have given Parliament more time to properly debate the issue.
John Manley, in an earlier press conference, told reporters that he thinks it is time for the government to "recognize that there are people in our society of the same sex that make a commitment to each other to stay together for life.
"I think that represents a marriage and I think it's time ... for the government to recognize that."
