A marriage commissioner in Regina, Saskatchewan is facing a human rights tribunal for refusing to perform the marriage of a homosexual couple in 2005. In April 2005, Orville Nichols (70) was contacted by a man publicly identified only as "M.J." with a request to perform a marriage ceremony. When Nichols, a devout Baptist, found out M.J. was planning to marry another man, he informed him that he could not perform the marriage because it went against his religious beliefs. Nichols provided the name of another commissioner who performed the marriage. However, M.J. claims to have experienced "sleepless nights and anxiety" because of Nichols' refusal and filed a human rights complaint against him.
During the human rights tribunal hearing on February 1, a lawyer for Saskatchewan's attorney general argued that refusing to perform a marriage on religious grounds goes against the Saskatchewan Human Rights Code and the Canadian Charter of Rights and Freedoms. Nichols' lawyer, Mike Megaw, countered that the tribunal was facing the "clashing of rights" between same-sex couples wanting to marry and the individual's freedom of religion and contended that both deserve to be treated equally.
After the province legalized same-sex marriages in November 2004, the Saskatchewan Department of Justice said it would remove any marriage commissioners who refuse to perform same-sex marriages. However, the government is waiting for the results of this tribunal before acting on that decision.
"It is worth noting," said Glenn Penner, CEO of The Voice of the Martyrs Canada, "that marriage commissioners are licensed by their provincial governments and not employed or paid by the government. Therefore, they should not be forced by the government to perform marriage ceremonies contrary to their religious beliefs. The Supreme Court of Canada has confirmed that clergy cannot be compelled to perform marriages contrary to their religious beliefs. This same freedom should apply to licensed marriage commissioners. Interestingly enough, in the past, marriage commissioners could refuse to officiate at weddings that violated their religious convictions. All of that has changed since same-sex couples have been given the right to marry in Canada. For some reason, sexual orientation is being viewed by many as a more fundamental right than religious belief. This is a troubling development."
Pray that the religious rights of Orville Nichols will be recognized. Pray that Christians in Canada will echo Peter's sentiment and determine to obey God regardless of what man says (Acts 5:29).
Several similar situations have arisen in Canada in recent years. In response, The Voice of the Martyrs Canada has produced a 32-minute DVD entitled, "Faith Under Fire - Canada." Click here to order your copy today. A preview of the video is available on VOMC's multimedia website, www.vomcanada.com.
