REGINA - The rights of a same-sex couple to marry faced off Wednesday against the rights of a Saskatchewan marriage commissioner who said he couldn't perform the service because of religious beliefs.
One of the gay men told a Saskatchewan Human Rights Tribunal that he was "crushed" when Orville Nichols refused to perform the wedding.
"When this happened I was quite devastated," said the man, who can only be identified as M.J. because of a publication ban.
"This was going to be my life partner. This was going to be a very special time for us."
The conflict arose in 2005, when M.J. and his partner, identified as B.R., sought out a marriage commissioner in Regina.
At the time, same-sex marriage had been legalized in Saskatchewan and marriage commissioners, who are licensed by the province to perform civil ceremonies, were told to provide the service to same-sex couples as well.
M.J. testified Wednesday that he obtained a list of marriage commissioners in the city and began to make telephone calls.
Nichols, he said, was simply the first to answer the phone.
"He said, 'Congratulations,' " M.J. recalled, adding that the conversation was progressing until Nichols asked for the name of M.J.'s fiancee and learned it was a man.
"There was a lengthy pause . . . all of a sudden he said he would not marry us."
M.J. and his partner argue that it's discrimination for a marriage commissioner to deny services to same-sex couples.
A lawyer for the Saskatchewan Human Rights Commission, the agency responsible for receiving discrimination complaints, said marriage commissioners are required by law to provide civil wedding services.
"It's a service which has no religious connotations whatsoever," Janice Gingell said during a break at the hearing.
"It's specifically designed to take place outside of the framework of religious institutions."
"The marriage commissioner in this case is actually acting as an agent of the state," said Gingell. "He has one job - that particular job is to do a civil marriage ceremony outside the context of religion."
Gingell said that allowing marriage commissioners to set their own additional requirements outside of the law would make it difficult for members of the public, particularly those who have been historically disadvantaged, to get married.
But Nichols, a 70-year-old devout Baptist, testified that performing same-sex marriages goes directly against all he knows.
"My religious upbringing, my religious beliefs don't allow me to do same-sex marriage," he said.
"I don't have a problem with them getting married. I will not perform the service."
In fact in 2005, Nichols launched his own complaint with the Human Rights Commission against the Saskatchewan Department of Justice. He alleged the department discriminated against him on the basis of religion by requiring him to perform same-sex marriages.
The complaint was dismissed.
Nichols said Wednesday that had the same-sex marriage law been in place when he became a marriage commissioner in 1983, he would not have taken the job.
"If I was to do that (perform same-sex marriages) I would not be able to live with myself," he said.
The tribunal hearing was to continue Thursday.
