[automaton 3]

Originally Posted by flylock shox

I think you're on the money here.

As for how this relates to gay marriage, it's a fairly simple line of reasoning.

The Charter's equality provisions have this to say:

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Note that it says nothing about sexuality. However, sexuality is an analogous ground which has been read into the Charter by the courts. This is a big part of the argument underlying the pro-gay-marriage argument: you can't discriminate on the basis of homosexuality because it receives protection under the Charter, therefore you can't prevent homosexual couples from marrying - a right extended by the state to heterosexuals.

Religion, on the other hand, is an explicit ground upon which you cannot discriminate. If one religion allows polygamy, how can the state stop that practice without infringing the Constitution?

I suspect you know this, but the s. 1 arguments should be interesting