First, Canada's Constitution almost certainly renders unconstitutional the opposite-sex requirement for marriage, since it does not accord equal dignity and respect to the unions of same-sex couples. Based on the prior course of decisions in the Canadian Supreme Court, this requirement would constitute discrimination on the basis of sexual orientation, which is a breach of the equality guarantee in section 15 of the Charter of Rights. In the reference, the Court refused to decide the question, but the issue has become moot with the enactment of the Civil Marriage Act, which expands the definition of marriage to include same-sex couples.
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