Bill Duncan of the Marriage Law Foundation on today’s court decision:

Kathryn,
The Supreme Court of Canada handed down a decision on same-sex marriage this morning. The Court opinion was sought by Parliament as a way of obtaining the green light for legislation proposed by the governor that would redefine marriage. In short, the government got its green light but the specifics of the case are still interesting.
The government had sent four questions to the court: (1) whether the national Parliament had sole authority to enact a redefinition of marriage (as opposed to the Provincial legislatures), (2) whether redefining marriage would violate Canada’s Charter of Rights and Freedoms, (3) whether the protection of religious freedom in the Charter prevented religious officials from being forced to perform same-sex marriages and (4) whether a redefinition of marriage was mandated by the Charter.
On the first question, the Court decided that the national Parliament had sole authority to define marriage but could not legislate on who may (or must) perform the marriages. On the second question, the Court ruled that the Charter did not prevent a redefinition of marriage (rejecting arguments that the definition of marriage was settled at the time the Charter was created and thus could not be changed) so Parliament could go ahead with its proposed legislation. On the third question, the Court held that “absent unique circumstances” the Charter prevents compulsion of religious officials to solemnize same-sex marriages or requiring religious facilities to be used for such marriages. Somewhat surprisingly, the Court did not answer the fourth question saying that since many Provincial courts have already redefined marriages and the government has not appealed those decisions, the answer is probably settled. This refusal, however, preempts any use by Members of Parliament that they were forced to enact legislation by the Court.
In theory, then, Parliament could reject the government bill to redefine marriage. So, the debate now shifts to the Parliament with news reports suggesting the bill will be formally introduced early next year. …
P.S. The decision is online here.

David Frum wrote about gay marriage, Canada, and the U.S., btw, this morning, here.