Chretien cabinet worried about backlash over same-sex marriage rulings

Newly-declassified records reveal that Prime Minister Jean Chretien’s cabinet feared political fallout from 2003 court rulings that struck down the ban on same-sex civil marriage.

Blacklock's Reporter says Chretien cautioned ministers against acting too quickly, warning that rushing the process could deepen divisions among Canadians.

“The Prime Minister recalled debates on abortion and capital punishment and indicated it would not be helpful to act hastily or cut the process of national debate too short,” stated cabinet minutes obtained through Access To Information.

He acknowledged that Canadian society was evolving but emphasized the difficulty of managing the issue within Parliament and among the public.

The Ontario Court of Appeal ruled on June 10, 2003, that prohibiting same-sex civil marriages was unconstitutional, a decision followed weeks later by a similar ruling in British Columbia.

When Chretien’s cabinet met on June 17, 2003, ministers expressed concerns over potential public outcry.

“Many ministers argued for a measured, reflective approach given the divergent views of Canadians and felt quick action could lead to greater tensions,” minutes show.

Cabinet discussions noted that opinions on same-sex marriage varied significantly between age groups and between urban and rural communities. Ministers agreed that any decision would require a strong communications strategy to address regional differences and sensitivities.

By August 12, 2003, cabinet faced pressure to act, fearing the opposition Canadian Alliance Party might introduce its own legislation on same-sex unions.

Records show concerns that some provinces might invoke the notwithstanding clause to block legalization efforts. However, ministers believed such provinces were unlikely to follow through, as doing so would mean defending discrimination against same-sex couples.

Despite the political debate, Parliament passed Bill C-38, the Civil Marriage Act, in 2005, officially legalizing same-sex civil marriage. A 2016 Census recorded 72,880 same-sex couples across Canada, representing 0.9% of all couples, according to Statistics Canada.