QUOTE(JC @ Nov 26 2007, 06:20 PM)

Here in Canada, religious groups have the freedom to allow same-sex marriages (as the United Chruch of Canada) or not (like the Catholic church). And that's as it should be.
And you know what? Thousands of gay couples have been married in Canada and the sky has not fallen. And most people have no interest in reopening the debate.
Is that actually 'as it should be'?
If a church were to refuse a mixed race marriage it would be all over the 5:00 news. The church would be denounced as a bastion of hatred, racism and intolerance and some sanction or legal action would likely be perused against it. People no more choose their sexuality than they choose their skin color, so presumably refusal of service on the basis of sexuality should equally as unacceptable.
The major apparent flaw in this argument is that freedom of religion is guaranteed under the constitution, from which follows the argument that churches, therefore, should be allowed to conduct their affairs in accordance to their beliefs. In many religions there is (arguably) textual precedent for intolerance of homosexuality that continues to be perpetuated in practice to this day. On the other hand, there is generally no such precedent for racial intolerence. This amounts to a situation wherein many consider gays wanting to marry in a church which is intolerant akin to a black man wanting to join the kkk or some skinhead movement -insert link to Chappell show here

- rather than a black person wanting to be married in the church of their choosing. These 'many' may actually be correct, but they have failed to follow their argument to its logical extension. What distinguishes religious intolerance of homosexuality, from societal intolerance of racial and ethnic minorities? Well, obviously the answer is religion, but the question that must inevitably come next is whether or not religion is a valid reason for discrimination? Clearly religion should be no justification for a secular government to withhold rights from gays and lesbians, but is religion reason to permit one group to discriminate against another?
What it comes down to is a question of rights versus freedoms. Basically freedoms of an individual or freedoms of a group may only extend so far as they to not impede or infringe upon the basic human rights of another group or individual. There is also the question of freedom of speech to be thrown in and what the whole thing amounts to is a very big constitutional mess that is best sorted out by lawyers and constitution experts. But on a basic level, does a church's refusal to conduct same sex marriages infringe upon gay rights? I would say that it does, despite the fact that the government (in Canada) offers same sex couples all the rights of marriage that a given church may (or may not). By continuing to uphold marriages conducted by the church and by also allowing churches to discriminate on the basis of sexuality in regards to whom may be married, the government condones discriminatory behavior and they implicitly support refusal of service to government institutions. Allowing marriage and civil union to be made equal before the government, as has been done in Canada, the church essentially becomes like a registry or government services branch. A situation, then, in which a church refuses to conduct a marriage on the basis of sexual orientation, is tantamount to a government branch office refusing a government service on the basis of sexual orientation. The latter has been deemed to be illegal under the constitution. So as it stands now, one of two things needs to happen. First religious marriages need to have no standing whatsoever in the eyes of the government or second, all churches must be legally bound to conduct same-sex marriages.
So are things as they should be? I would say no. What I will say, though, is that at this point and time my inability to get married in the Catholic Church in Canada is well down the list of things I am willing to worry about.
Edit- I apollogise for the long post, when baisically we are agreeing. The key distinction, though, is that I believe that the marriage can not be recognized at all by the government as anything other than a religious symbol. For tax purposes, hospital visitation etc. all couples should need to register for a civil union regardless of whether they have been married in a church.