Stratford, Ont. — Conservative Party Leader Peter MacKay called yesterday for the federal government to get out of marriage completely, leaving it only to churches, and said he would seek to rally his caucus to his position.
The idea, once considered extreme, also has some support in the ranks of Liberals and the Canadian Alliance, as MPs opposed to same-sex marriage seek a compromise that will pass muster in the courts.
Outside a meeting of his caucus, Mr. MacKay said the government should simply create a new state institution called something like "registered domestic partnerships" that would be used for all couples, heterosexual or homosexual.
Only churches would perform "marriages," and each church could decide whether to marry same-sex couples.
"[The government] would get out of the marriage business altogether," Mr. MacKay said.
He added that the new state-sanctioned institution would have the same legal status as marriage, but would be called something else.
"We would call it a union, we would call it a registered domestic partnership.
"There is another description that would have the same status, same legal definition, same level of equality under the law."
The idea of removing the government from marriage was one option the Liberal government considered but rejected because it believed many couples wanted to get married at city hall, not in a church, and wanted their unions to be considered and called "marriage."
But with opposition threatening to scuttle the same-sex marriage bill in a free vote, some Liberals have proposed a compromise that would have marriage for heterosexual couples only, but a similar "civil union" for gays and lesbians.
Justice Minister Martin Cauchon rejected that proposal Tuesday as "less than equal," and many believe the Supreme Court of Canada would view a separate system as discriminatory.
But those who think the state should get out of marriage, like Mr. MacKay, note that the system would be identical for same-sex and heterosexual couples. And churches could decide what to do.
"We've already seen that within that community, within the religious community, there is a divergence of opinion between the Catholic Church, for example, and the United Church."
Mr. MacKay, who made the comments during a two-day meeting of his 15 MPs in Stratford, Ont., said he would try to build support for the idea, but that Tory MPs can vote as they see fit.
Only four Tory MPs said they support same-sex marriage -- Joe Clark, André Bachand, Rick Borotsik and Scott Brison -- although some stressed that their support depends on assurances that churches will not be forced to perform same-sex marriage.
Mr. Brison, a Nova Scotia Tory MP who is gay, said he would support same-sex marriage if it came to a vote in the Commons, but he prefers the "registered domestic partnership" that would take the state out of marriage.
"I would prefer to see registered domestic partnerships for all Canadians and let churches define marriage."
Some other Tories, like New Brunswick MP John Herron, also favour the idea.
The proposal is nearly identical to that put forward by Liberal MP Karen Redman and circulated in a letter to MPs.
Ms. Redman said she intended to push the idea at a meeting of Liberal MPs next week, asking them to support an amendment to the same-sex marriage bill that would see civil unions replace civil marriage completely.
And Alliance MP Keith Martin said he also believes such partnerships are the best option.
He said he is consulting his constituents on the Liberal same-sex marriage bill, but expects he will vote against it.
Even if the opponents of same-sex marriage could muster support for a compromise in which the federal government would legislate itself out of marriage, some believe the courts would block it.
Under the Constitution, the federal government can define marriage, but property rights and general civil law are the domain of the provinces. Some believe the courts would rule that "registered domestic partnerships" would be a matter of provincial jurisdiction.
