Marriage is a fundamental human right? Don't make me laugh, the ceremony of marriage is a privilege enjoyed by a man and a woman, who promote a proper environment for procreation (since procreating is one of our innate purposes as human beings).
A4NoOb, marriage may not be a fundamental right, but protection from discrimination is. If heterosexuals are allowed to marry, gays must be permitted to marry, otherwise it is discrimination and against the Charter.
The Constitution does not shed light in any respect to marriage nor it's definition.
You are right, it does not. But it specifically forbids discrimination. Banning gay marriage is discrimination and is against the Charter.
This is strictly assuming that the government has an obligation by the law to entitle gays to their "right". If it is their "right" to redefine marriage to their liking, then by default all other definitions should apply.
Not at all, gays don’t have the right to redefine the marriage. However, they do have the right not to be subject to discrimination. If heterosexuals are allowed to marry, gays must be allowed to marry as well.
Once again, the privilege to marry is a privilege, not a right.
Again, I agree, it is a privilege. However, freedom from discrimination is a fundamental right. Once the privilege is granted to heterosexuals, it must be granted to homosexuals, otherwise it is discrimination.
I am in agreement with most of your post; I don’t think marriage is a fundamental right. That is why if government want to get out of marriage, wants to leave marriage to churches, no big deal, I don’t think courts will have a problem with that.
However, once it is permitted for heterosexuals, it must be permitted for gays, otherwise it is discrimination. In Canada it would be against the Charter. If government recognizes marriage for heterosexuals, it also must recognize marriage for gays.