If I could put a ring on my finger I’d marry myself…

Ottawa- The Supreme Court of Canada this morning gave its approval to draft legislation to make same-sex marriage legal throughout Canada.

Gays and lesbians gathered outside the Supreme Court cheered when the decision was announced.

In a rare move the government sent the draft bill to the court asking if it met constitutional muster in both allowing same-sex marriage and at the same time permitting churches opposed to homosexuality to refuse to marry gay couples.

The bill was drafted after courts in Ontario and British Columbia struck down the definition of marriage as a union between one man and one woman. In the time it has taken to get the issue before the high court provincial courts in four more provinces and one territory have declared the ban on gay marriage illegal.

The court ruled this morning that the federal government has the right to legalize same-sex marriage.

In sending the draft bill to the court the government asked four questions of the justices. On the question of whether Parliament has the exclusive legislative authority to change the legal definition of marriage the court said yes.

The government asked if extending the capacity to marry persons of the same sex is consistent with the Charter of Rights and Freedoms. Again the court said yes.

It also asked the justices if religious leaders protected under the Charter of Rights from having to marry same-sex couples. The court answered yes.

A fourth question, asked by the new Prime Minister, Paul Martin, queried whether the traditional definition of marriage between a man and a woman was constitutional the court declined to answer, explaining the question became moot, noting that the federal government has already accepted lower-court judgments that excluding gays from marrying is discriminatory.

“The government has clearly accepted the ruling of lower courts on this question and has adopted their position as its own.

“The parties to previous litigation have now relied upon the finality of the judgments they obtained through the court process,” the justices said.

The court ruling also said that times have changed and the legal definition of marriage should change with them.

“Several centuries ago, it would have been understood that marriage be available only to opposite-sex couples.

“The recognition of same-sex marriage in several Canadian jurisdictions as well as two European countries belies the assertion that the same is true today.”

Gay activists who have fought for several years to get marriage rights were elated.

“This is a victory for equal rights in Canada,” said Alex Munter of Canadians for Equal Marriage.

The two lawyers who successfully fought for same-sex marriage in provincial courts said they were not surprised by the ruling.

“The court has given a clear green light for immediate legislation,” Mary McCathy told reporters outside the court.

“What was already clear is now unassailable – that the Charter protects the right of religious officials to choose whether or not to perform marriages for same-sex couples,” said McCarthy. “The Charter is the highest law of the land and binds both the federal government and provincial and territorial governments.”

Lawyer Douglas Elliott also called on Parliament to move quickly.

“It’s now up to the Parliament of Canada to act to extend equal rights to every region of Canada,” Elliott said.

Justice Minister Irwin Cotler said that the government will move with all due haste to enact the legislation. Although it is possible he may introduce the bill in the Commons next week it is considered more likely it will be brought in early in January.

The opposition Conservative vowed a battle in the House.

“I personally favor having a system that respects both the religious definition, traditional definition, while at the same time puts in place a civil union that ensures that the rights, privileges, protections and responsibilities that flow from marriage are treated equally under the law,” said deputy Tory leader Peter MacKay.

Despite having a minority government and with many in the Liberal party opposed to gay marriage Cotler predicted victory. The majority of Liberals, plus opposition New Democrats and Bloc Quebecois members will support the measure.

“Equal marriage is something whose time has come,” said Gilles Marchildon, Executive Director of LGBT civil rights group Egale.

“Just last week, South Africa expanded civil marriage to include same-sex couples. Spain will soon follow. Around the world, people are realizing that discrimination against lesbian and gay people is just plain wrong. Here in Canada, same-sex couples have been marrying for over a year and a half, and support for equal marriage is higher than it’s ever been.”

The province of Alberta was the only one of the country’s ten provinces and three territories to oppose the draft bill before the Supreme Court. Lawyers for the province were meeting Thursday to consider whether the government could use an opt out clause in the Constitution to refuse to recognize gay marriage. It is widely expected Alberta will attempt to go back to the high court once the federal government passes the marriage law.

A survey released July 1 by the Center for Research and Information on Canada and Environics Research found that the number of Canadians agreeing that gays and lesbians should be allowed to marry has increased by 9%. Currently, 57% agree, the highest level since CRIC first asked the question two years ago. The number disagreeing currently stands at 38%.