Members of the 38th Canadian Parliament and same-sex marriage

This article lists the members of the 38th Parliament of Canada and how they voted on Bill C-38, now known as the Civil Marriage Act. Bill C-38 amended the Marriage Act of Canada to recognize same-sex marriage (SSM). The 38th Parliament began with the federal election of June 28, 2004, and was dissolved on November 29, 2005. It was dissolved prior to the election of January 23, 2006. The legislation was later challenged by the members of the 39th Canadian Parliament.

House of Commons

Up to 154 votes were needed to ensure the legislation passes, although the only formal requirement for passing legislation is the assent of a majority of members in attendance for the vote.

Senate

It was expected that if enough of the members that favour same-sex marriage show up, Bill C-38 would indeed pass. The Globe and Mail's analysis on December 13, 2004 placed the upper limit of opposed votes at 142.

The intended voting positions of senators are less clear. Some observers argue that, even if a majority of senators is opposed, it is unlikely that they would vote as such, and most would instead skip the vote rather than stop a bill passed by the House. This argument has weight as this has traditionally been the case on most issues. The last time the Senate faced such a "moral" issue, however, was in 1989 when the Senate defeated a bill that would have restricted late term abortion and removed broader anti-abortion language from the Criminal Code that had been struck down by the Supreme Court of Canada.

Most of the Liberal cabinet, the Bloc Québécois (BQ) and the New Democratic Party (NDP) voted in favour of the Bill, while most of the Conservative Party members were against it. In the Liberal backbench, about 2/3 of members voted in favour.

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