Yellowknife (July 04/03) - Same-sex marriage in the NWT could be a reality now that one province has allowed them.

The territorial government is awaiting a Supreme Court ruling on the issue, and the minister of health and social services said the government will abide by it.

"We are looking at court rulings and watching what the federal government is doing. We will eventually come into line with the directions of the Supreme Court," said Michael Miltenberger on Wednesday.

Ethel Blondin-Andrew, Western Arctic MP, said the government is drafting legislation to deal with this issue in accordance to a recent Ontario ruling.

"This is an issue for equal rights to all Canadians," she said, adding that the current legislation does not meet requirements of the Canadian Charter of Human Rights.

The issue will then go to the Supreme Court "in order to ensure constitutionality" said Blondin-Andrew.

"Once that is done a bill will be introduced, then debated and put to a free vote," she said.

While marriages will be allowed, the legislation will allow churches to make their own decisions on the matter.

"I agree with this decision, and I will vote with the government," Blondin-Andrew said.

Until that procedure is over though, Miltenberger said same-sex marriages aren't allowed here.

"Our legislation pertains to marriage in the traditional sense, man and woman. There has not been any discussion or debate in the legislature. The laws of the land don't recognize same-sex marriages," he said.

But one justice of the peace thinks that just isn't true and sees some ambiguity in the Marriage Act.

"I know of nothing in legislation that would bar same-sex marriage. It's just that it has never come up," said Eric Kieken.

Vital Statistics, which deal with marriage certificates, have yet to receive a request for a same-sex marriage, but with the recent Ontario ruling allowing them, that could change.

Kieken says if a same-sex couple were to provide a marriage licence and certificate of registration, justices of the peace would have no reason to deny performing the marriage ceremony.

The problem remains getting that licence. Vital Statistics won't provide one for same-sex couples.

While Kieken thinks the legislation does not prevent same sex marriages, he thinks the law will have to be amended to state whether they are allowed or not.

"There's a controversial issue attached to this. The government has to make a decision.

"The issue has to be clear not only for JPs but for people who are engaging in a same-sex marriage," said Kieken.

While Kieken was vocal on the issue, another justice of the peace, Sheila Leonardis, remained non-committal.

"There is nothing legislated here so I can't comment on that yet," she said, directing enquiries to Vital Statistics.

No one from Out North, Yellowknife's gay and lesbian organization, could be reached for comment.