So, there's a case that was a bit famous during the run up to the same-sex marriage bill: Deborah Chymyshyn and Tracey Smith, a lesbian couple, decided to get married after same-sex marriage became legal in British Columbia. So they booked a hall run by some group called the Knights of Columnbus. They didn't realize that the Knights of Columbus is a Catholic organization, and the Knights of Columbus apparently didn't realize that the two women were marrying each other.
After a bit of time passed, the Knights of Columbus suddenly realized that this was a dreaded, society-destroying same-sex marriage and they cancelled the booking. So Chymyshyn and Smith made a complaint to the B.C. (British Columbia) Human Rights Tribunal saying, basically, we're being discriminated against based on our sexual orientation.
It's a noteworthy case because one of the key protections that the feds talked about during the same-sex marriage debate was the right of religious organizations to refuse to perform same-sex marriage. The fear that the Conservatives were building upon was that gay rights will override religious rights (I wonder where they get that sound byte?)
Last spring, some commentators brought up some interesting wrinkles. They pointed out that if Catholic doctrine completely informed the decision to rent banquet halls, then the Knights of Columbus should refuse to rent their banquet hall to divorcees getting remarried, since divorce is not supported by the Catholic church.
The B.C. Tribunal has ruled that the Knights of Columbus did have the right to cancel the booking on religious grounds, but that they had an obligation to do so respectfully. The Knights should have "met with the couple to explain the situation, formally apologized, and immediately offered to reimburse the couple for the expenses incurred in finding an alternative place, and in notifying guests of the new location". For failing to do so, the Tribunal asked the Knights of Columbus to pay the couple $2,000.
An interesting case. Of course neither side is happy with the outcome, and there will be a judicial review.
(no subject)
Date: 2005-12-01 05:22 am (UTC)Your nation states legislation mileage may vary.