Senators of the 39th Canadian Parliament and same-sex marriage
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On December 7, 2006, a motion calling on "the government to introduce legislation to restore the traditional definition of marriage without affecting civil unions and while respecting existing same-sex marriages" was defeated in the House of Commons by a margin of 175 to 123 and Prime Minister Stephen Harper declared the issue settled pledging not to reopen it even if his party wins a majority government in the next election. Therefore, the issue will not be brought to the Senate in the foreseeable future.
The table below is a hypothetical projection of how senators might vote on the issue of same-sex marriage based on the votes of those senators who were present during the 2005 debate on the Civil Marriages Act and statements made since then by those senators and senators appointed subsequent to the vote.
For the purposes of this table, the Speaker of the Senate, who did not vote, is counted as an absentee since the official Senate tabulation does not list him as an abstainer.
ActWin.com lists Austin as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay". During the debate on second reading, Austin was the second Senator to speak in favour of the bill.
Voted against Bill C-250 (2003). Real Women of Canada stated on its website he was one of a few senators along with Anne Cools to stall the bill as much as possible so that it wouldn't enter committee.
ActWin.com lists Bryden as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay". Therefore, his likely vote is "YES".
ActWin.com lists Carstairs as voting positively on 2 previous gay-related bills. Carstairs is listed as seconder of the bill in the Senate. July 5, 2005: She defended the Deputy Leader of the Government's time allocation motion to limit debate since the opposition could not reach an agreement how much time would be allotted to C-38 before entering committee. July 6, 2005: "Let's try the same on the prohibited grounds of race, national or ethnic origin. ... Maybe we could say the following: `Notwithstanding the superiority of the white race as ordained by God and illustrated by his divine wisdom in separating the races into different continents, non-white persons for the purposes of civil law shall be considered equal to white persons." "I often wondered what I would do if one of my daughters had come to me and said: `Mom, I have chosen a partner and the partner I have chosen is of the same gender." "How can I, who have had the glorious pleasure of 39 years of that experience, deny it to any other person?"
ActWin.com lists Cook as voting positively on 2 previous gay-related bills. She received an A+ rating, which the site deems as: "extremely pro-gay". Likely to vote in favour.
Indicated his support of SSM in Globe and Mail interview the day after his appointment. July 5, 2005: Criticized Senator Anne C. Cools' speech. "We cannot use the terms 'dictatorship' and 'Parliament' in the same sentence. That cannot exist. It is impossible. We are in an institution that reflects the democratic history of a country. The Liberal Party was elected and the Liberal Party has a leader who becomes the Prime Minister. It is up to the Prime Minister to take decisions such as appointing Senators. It is an extension of the democratic process. I do not see the urgent need to call an election when valuable and pertinent work is being done."
April 1, 2004: While debating C-250, Fraser made a speech: "I cannot possibly support an amendment that deletes the reference to sexual orientation — that is what this bill is all about. It is about coming to the public, official, formal, solemn defence of an extremely vulnerable minority. We have supported this bill at second reading and in committee. I personally support it strongly. I want it on the record that when — I hope before too long — this chamber, in a second bill, is asked to include sex as one of the grounds in this same portion of the Criminal Code, I will gladly support that." July 5, 2005: "In my view, six hours of debate is a long debate. The motion now before us proposes six hours of debate. That length of time allows for 24 speakers, plus the five we have already heard, which makes 29. How many bills on second reading are addressed by 29 speakers in this chamber?"
Hays was speaker of the Senate at the time of the 2005 vote. Unlike the House speaker, he votes regardless of whether or not there was a tie, and is free to vote by his conscience rather than by convention. He is Leader of the Opposition in the Senate in the 39th parliament.
Wrote letter in support of C-38. Copy on his website. July 4, 2005: Joyal opened the second reading debate arguing in favour of the bill and is listed as Bill C-38's mover in the Senate. Says that "Bill C-38 is about restoring full human dignity to a minority that has long been the object of persecution, marginalization and outrage. It is an issue of minority rights." Says that the Senate was in fact structured to provide for the protection of minorities.
July 5, 2005: Was one of a few senators that said "no" to allowing Conservative Senator Anne C. Cools an extension of time during 2nd reading debate. Also voted on the motion that passed, which limited debate to six hours in 2nd reading.
July 5, 2005: "Mahovlich responded to Senator Tkachuk saying he misinterpreted Senator Joyal, when Joyal said the Minister of Justice could make comments and answer questions at the committee, via videoconferencing while in France before Friday due to his schedule in France. Tkachuk says it is a ploy to get the bill out of 2nd reading by that time.
June 29: C-38 entered 1st reading in the Senate today. Senator Prud'homme wanted to accelerate debate to the next sitting of the Senate. While some senators disagreed, Robichaud stated "move it into committee".
Rompkey is Deputy Government House Leader in the Senate and thus is expected to vote in favour. On July 4, 2005 he tabled a notice of motion to restrict debate on second reading to six hours.
July 6, 2005: While C-38 was in 2nd reading, she said ``As a Christian, I often ask myself: `What would Jesus do?'." "In this case, in this time, I believe he would say `Yes.'"
July 5, 2005: Made a speech criticizing time allocation of the bill in 2nd reading. However, he did say "this is an issue about human rights. Any violation of human rights commands urgency. This is not just about same sex. This is about the right to freedom of expression and religion. It is about how we balance those elements."
May 2, 1980: As an MP, Pat Carney introduced Bill C-242, an act to prohibit discrimination on grounds of sexual orientation, The bill, which would have inserted "sexual orientation" into the Canadian Human Rights Act, didn't pass.
Voted against Bill C-250 Former Liberal senator. Says the Government of Canada has a moral obligation to go to the people of Canada. Sept 17, 2003: Says her position is that of the majority of Canadians. "Because Children and procreation are the result of that unit—it is one of those mysteries and miracles of life." April 9, 2005: Was one of several speakers at the "March 4 Marriage" rally in Ottawa. April 25, 2005: Stated in the senate: "This Parliament votes in one direction one day and goes in the opposite direction the next day. I saw that on the question of marriage. The Attorney General of Canada argued on one side of the issue one day and on the other side the next."
July 6, 2005: Responding to a Senator who said she was a Christian and believes if Jesus were asked to vote, He would say "yes", Di Nino said "I don't have the same relationship with Jesus, obviously, as [Senator] Trenholme Counsell."
Kinsella, the opposition leader, said in the February 11 MonctonTimes & Transcript, "I will approach the bill objectively. I am not going to prejudge anything." July 4, 2005: C-38 speech in 2nd reading: "by introducing Bill C-38, the government is attempting to link Charter rights and human rights to the sacrament of marriage. Marriage has nothing to do with Charter rights or human rights, in the view of many of us. This debate is about a political and social policy decision made by the government." Says there alternative approaches instead of dividing Canadians by passing the bill and legalizing same-sex marriage. Voted No on second reading.
In January 2005, Nolin announced that the Quebec-wing of the CPC would be bringing forward a host of "moderate" principles to the March 2005 CPC Policy Convention in Montreal, including a motion to support the rights of married same-sex couples to equal status in the courts of law. July 5, 2005: While in 2nd reading, he critiqued Senator Rompkey's adopted motion to limit debate to 6 hours due to what Rompkey sees as stalling tactics. "I agree with the government's bill. Just because the rest of the world or the country took part in a debate is no reason for us not to have one. Not to have one would be a disservice to our institution."
Ruth is openly gay. She is a prominent feminist and gay rights advocate. Was a Progressive Conservative in the last parliament but has crossed the floor and now sits as a Conservative.
Voted against Bill C-250 September 16, 2003: "Common sense and a respect for the origins of life dictated the evolution of this tradition as embraced in both religious practice and secular conduct". June 29, 2005: C-38 entered 1st reading today. When the Speaker asked when the bill shall be read a second time, Germain said "Never!". July 4, 2005: When C-38 entered 2nd reading debate today, Germain said the Senate should sit through the fall on this very important issue. "By introducing Bill C-38, the government is attempting to link Charter rights and human rights to the sacrament of marriage. Marriage has nothing to do with Charter rights or human rights, in the view of many of us. This debate is about a political and social policy decision made by the government." Says the Supreme Court of Canada didn't rule the traditional definition of marriage unconstitutional. Also believes same-sex marriage will erode the family.
Close Trudeau ally and known civil libertarian. Feb 10, 2004: Senator Gérald-A. Beaudoin (and others) comment on his 40th year as a parliamentarian, pointing out that he has stayed true to his father's word, "we must believe in the universality of the protection of human rights or else hold our peace." June 29, 2005: Moved to try have C-38 read a 2nd time at the next sitting of the Senate as opposed to waiting 2 days. July 5, 2005: Says he has yet to make up his mind on the issue, but is against limiting debate. "I will vote against the closure motion if I am in the Senate. If I am not here, just remember that I said I was against this motion. I want to thank Senator Nolin for inspiring my comments yet again."
July 4, 2005: Critiqued the official opposition leader, Noel Kinsella: "Honourable senators, I wish to ask the Leader of the Opposition why, on several occasions in his speech, he persisted in blaming the drafters for the flaws that he identified in the bill. Surely the drafters were acting on political instructions of the appropriate ministers."
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Same-sex marriage in Canada 
