“ As a corollary, some suggest that s. 1 of the Proposed Act would effectively amount to an amendment to the Constitution Act, 1867 by interpretation based on the values underlying s. 15 (1) of the Charter.
27 The natural limits argument can succeed only if its proponents can identify an objective core of meaning which defines what is "natural" in relation to marriage. Absent this, the argument is merely tautological. The only objective core which the interveners before us agree is "natural" to marriage is that it is the voluntary union of two people to the exclusion of all others. ”

“ In essence, there is no topic that cannot be legislated upon, though the particulars of such legislation may be limited by, for instance, the Charter. A jurisdictional challenge in respect of any law is therefore limited to determining to which head of power the law relates. Legislative competence over same-sex marriage must be vested in either Parliament or the legislatures. ”

“ We note that it would be for the Provinces, in the exercise of their power over the solemnization of marriage, to legislate in a way that protects the rights of religious officials while providing for solemnization of same-sex marriage. It should also be noted that human rights codes must be interpreted and applied in a manner that respects the broad protection granted to religious freedom under the Charter. ”

“ Second, the parties in the previous litigation, and other same-sex couples, have relied upon the finality of the decisions and have acquired rights which are entitled to protection. Finally, an answer to Question 4 has the potential to undermine the government's stated goal of achieving uniformity in respect of civil marriage across Canada. While uniformity would be achieved if the answer were "no", a "yes" answer would, by contrast, throw the law into confusion. The lower courts' decisions in the matters giving rise to this reference are binding in their respective provinces. ”

“ Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others. 2. Nothing in this Act affects the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs. It will be noted that section 1 of the Proposed Act deals only with civil marriage, not religious marriage. ”

“ Lord Sankey acknowledged, at p. 134, that "several centuries ago" it would have been understood that "persons" should refer only to men. Several centuries ago it would have been understood that marriage should be available only to opposite-sex couples. The recognition of same-sex marriage in several Canadian jurisdictions as well as two European countries belies the assertion that the same is true today. ”

“ Marriage and civil unions are two distinct ways in which couples can express their commitment and structure their legal obligations. Civil unions are a relationship short of marriage and are, therefore, provincially regulated. The authority to legislate in respect of such conjugal relationships cannot, however, extend to marriage. ”

“ The fact that no woman had served or has claimed to serve such an office is not of great weight when it is remembered that custom would have prevented the claim being made or the point being contested. Customs are apt to develop into traditions which are stronger than law and remain unchallenged long after the reason for them has disappeared. ”

“ We therefore consider this question as it applies to the performance, by religious officials, of both religious and civil marriages. We also must consider the question to mean "compelled by the state" to perform, since s. 2 (a) relates only to state action; the protection of freedom of religion against private actions is not within the ambit of this question. ”

“ The Court exercises its discretion not to answer this question.
74 A number of interveners have sought costs. In accordance with its usual practice on references brought pursuant to s. 53 (1) of the Supreme Court Act, the Court denies the requests for costs. ”