Former Manitoba marriage commissioner fights requirement to perform same-sex ceremonies

WINNIPEG -- A former Manitoba marriage commissioner is asking acourt to strike down the province's requirement that allcommissioners perform same-sex marriage ceremonies.

Kevin Kisilowsky, who was forced out of his position when theissue erupted more than a decade ago, says the requirement violateshis freedom of religion because he is a Christian who believes thatsame-sex marriage is sinful.

"Mr. Kisilowsky believes that the rights of same-sex couples tobe married can be respected without forcing each and every marriagecommissioner in Manitoba to perform such ceremonies, if theperformance of such a ceremony would be against his or herconscience," reads a factum by Kisilowsky's lawyer, Jay Cameron,filed in advance of Thursday's scheduled hearing.

Kisilowsky was one of several marriage commissioners who eitherquit or had their privileges revoked following a 2004 Supreme Courtof Canada ruling that legalized same-sex marriage.

Like otherprovinces, Manitoba soon instructed marriage commissioners that theywould be expected to follow the law and perform ceremonies for allcouples.

Unlike priests, rabbis and other religious officials, marriagecommissioners perform civil ceremonies only and must followprovincial guidelines. That is key to the argument, the Manitobagovernment says.

Entitled to beliefs but cannotdiscriminateon the job: Manitoba gov

Kisilowsky "can hold his Christian beliefs in his everyday lifeand employment without interference by Manitoba," the governmentsaid in its written submission.

"But when he volunteers to be aprovincially licensed marriage commissioner ... he must marryeveryone without engaging in discrimination."

Kisilowsky originally tried to file a complaint with theprovince's human rights commission but it was dismissed.

The government points to a 2011 Saskatchewan Court of Appealruling on proposed changes that would have allowed marriagecommissioners in that province to refuse to conduct services thatviolated their religious beliefs.

The court ruled the changes wouldhave given commissioners an exemption from the province's humanrights code, and similar logic could be argued by landlords,restaurant owners and others.

Still allowed to wed couples

Kisilowsky is still allowed to conduct marriages. Like allmembers of the public, he can apply for a temporary, one-time permitto officiate a wedding. But getting such a permit can take severalweeks and the requirement is a hardship, his lawyer argues.

"Due to the wait time, and the fact that many of the candidatecouples want to get married within a short time period ... Mr.Kisilowsky has been forced to turn away at least four couples who hewould have previously been able to marry."