by Frank Flegel

Archbishop Daniel Bohan in a Pastoral Letter released Sunday January 16 acknowledged that government leaders need to take “skilful action,” to guarantee freedom of conscience of its citizens. Bohan was reacting to a Saskatchewan Court of Appeal ruling that stated proposed legislation allowing marriage commissioners to refuse marriage of same sex couples is discriminatory and does not meet the requirements of the Charter of Rights and Freedoms. 

The Saskatchewan government referred two pieces of proposed legislation to the Court for its opinion before introduction to the Legislative Assembly. One piece would allow marriage commissioners to refuse, on the basis of religion, marriage to same sex couples and the other would extend that option to marriage commissioners employed prior to 2004 when same sex marriages were legalized in Canada. The Court received the proposed legislation in April 2010 and issued its unanimous ruling in early January 2011. 

The issue arose when a marriage commissioner refused to marry a same sex couple because it was contrary to his Baptist Faith.

Bohan’s Pastoral letter reviewed the Church’s teaching that “all people, created in the image of God, enjoy equal dignity.”  He quoted Vatican II document (Gaudium et Spes, 29) that stated any form of discrimination against anyone must be curbed and eradicated as incompatible with God’s design. He agreed with Mr. Justice Robert Richards’ statement who referred to previous Supreme Court rulings that freedom of religion is not absolute. “Society has every right to defend itself against possible abuses committed on the pretext of freedom of religion,” said Bohan and reiterated that it is also the teaching of the Roman Catholic Church. 

The Archbishop added, “also of supreme importance is the necessity of guaranteeing a Canadian’s freedom to act in accord with their conscience. It is the belief and teaching of the Catholic Church that in everything we do as a people, we are bound to follow our conscience in order that we may come to God, the end and purpose of life. It follows that no person may be forced to act in a manner contrary to his conscience. Nor must anyone be prevented from acting according to one’s conscience, especially in religious matters. The threat of loss one’s job and employment certainly raises the spectre of coercion upon a person if it is demanded of that person that he or she do something that they believe to be wrong in order to keep their livelihood.” 

Bohan appreciated that it would need skilful action on the part of government to guarantee freedom of conscience and all citizens should “support and encourage our government in every attempt it makes to guarantee this basic human right.”

The Saskatchewan government said it would not appeal the decision but would explore other options. One option suggested is a single entry system, similar to that in use in Ontario, in which same sex couples would apply to the marriage commissioners’ office and a commissioner whose religious beliefs would not be an impediment would be assigned.