Reference no: EM133338894

Remember, always start by thinking about what concept(s) apply to the problem and fully describe those concepts. After you have described what you think is the applicable concept then you should do the analysis (applying the concept to the facts of the problem to reach your conclusion).

Problem:

Sue and Jennifer want to get married. They go to the provincial government office to apply for a marriage licence but they are refused a licence. The government employee who refuses to issue the licence explains that same-sex marriage is prohibited under a recently passed provincial statute entitled the Defence of Traditional Marriage Act.

In the preamble to the Defence of Traditional Marriage Act it is stated that marriage between a man and a woman is an important institution in Canadian society for three reasons: traditional marriage promotes procreation (having children); it promotes the raising of children in families; and it promotes love and companionship between people.

Sue and Jennifer are outraged at being denied a marriage licence. They feel they should be able to get married and they are determined to do something about this. They want to go to court using the Charter of Rights (note: they are not making a division of powers argument).

Question:

If Sue and Jennifer win a Charter argument, and the government loses a Charter section 1 argument, is there anything else the government can do to pass the Defence of Traditional Marriage Act?