Newly released cabinet records show former prime minister Paul Martin wrestled privately with the political fallout of legalizing same-sex marriage, acknowledging the issue deeply divided Canadians even as courts were forcing the federal government to act.Blacklock's Reporter says minutes from a Dec. 16, 2004 cabinet meeting, obtained through Access to Information, show ministers debated the controversy surrounding same-sex marriage while concluding the government’s position could be justified under Charter equality rights.“The Prime Minister emphasized the government should not deny this was a difficult issue for many Canadians,” the minutes said. They noted legal recognition of same-sex unions already existed in six of the country’s 10 provinces at the time, covering a majority of the population.The shift followed a 2003 ruling by the Ontario Court of Appeal that struck down the ban on same-sex civil marriage. Weeks later, a similar ruling was issued by the British Columbia Court of Appeal, adding pressure on Ottawa to adopt national legislation.Cabinet discussions from Dec. 9, 2004 also show ministers acknowledged widespread public unease with the change. According to the minutes, several ministers warned the issue was divisive and many Canadians were struggling to accept the idea of same-sex marriage, often citing personal or religious beliefs..Martin argued the government needed to move forward to avoid a patchwork of different marriage laws across the country. The minutes state he emphasized protecting religious freedom while ensuring uniform civil marriage laws nationwide. The legislation would be subject to a free vote in Parliament, though cabinet ministers were expected to support it.Parliament ultimately passed the Civil Marriage Act in 2005, making Canada the third country in the world to legalize same-sex marriage after Belgium and the Netherlands. Martin publicly described the decision at the time as a fundamental test of protecting minority rights.Opposition politicians later argued the government should have appealed the original Ontario court ruling to the Supreme Court of Canada before introducing legislation.Former justice minister Vic Toews told a Senate committee in 2006 that failing to appeal the decision appeared politically motivated.“The emotion and controversy surrounding that issue still goes on,” Toews said in testimony before the Senate constitutional affairs committee. “I believe the failure to appeal was politically motivated.”According to the Statistics Canada 2021 census, about 4% of Canadians identified as gay or lesbian, while 0.24% identified as transgender or non-binary. The census counted 72,880 same-sex couples nationwide, with the largest numbers living in Toronto and Montréal.
