Same-sex marriage in Alberta

The position of Alberta Premier Ralph Klein and the conservative government is to attempt to block same-sex marriages in Alberta should a court case require it or pending federal legislation pass it nationwide.

On March 16, 2000, the provincial government passed Bill 202, which amended the provincial Marriage Act to include an opposite-sex only definition of marriage. The Bill also included in the Act the Canadian Charter of Rights and Freedoms' Notwithstanding Clause. This insulates the Marriage Act from any legal challenge based on violation of Charter rights, including the section 15 equality guarantees.

While the Act can not be challenged under the Charter, some have argued the definition of marriage which it includes is outside the power of the provincial government, or ultra vires, and therefore invalid. The Constitution Act, 1867 is universally interpreted as giving provinces jurisdiction over only the solemnization of marriage, while all other aspects, including capacity to marry, are under federal jurisdiction. At the time Bill 202 was passed, Justice Minister David Hancock did not support it, saying, "In terms of legal effect, I'm convinced it doesn't have any." He has subsequently stated that he believes the Act to be constitutionally valid and that Alberta will attempt to uphold it.

During the 2004 provincial election campaign, Premier Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans tell him they want it. [1]

Alberta has historically been Canada's most conservative province on social and religious matters.

Same-sex marriage in Alberta

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