Compared to the majority of other countries in the world, Canadian law is very inclusive of homosexual rights. In 1995, the Supreme Court of Canada read in sexual orientation to the Canadian Charter of Rights under Section 15, which outlines equality rights. This established the equality of Lesbian Gay Bisexual Transgender and Intersex (LGBTI) and opened the door for discrimination cases. In 2003, Ontario’s Supreme Court was the first to uphold same-sex marriage based on Section 15. The view was that it would be discriminatory to deny same-sex civil unions. From 2002-2004 there was a flourish of provinces that upheld gay marriage, using the Supreme Court precedent, interpreting marriage as a right protected by the Charter. In 2005, Parliament passed the Civil Marriage Act that made same-sex marriage legal across Canada. This was a groundbreaking turn for gay rights activists and the LGBTI community at large. It has also set the stage for issues of gay rights and religion. Canadian homosexuals may be allowed to marry under Canadian law in civil unions, however this does not mandate religious marriages. Freedom of religion within the Charter protects churches, which retain the right to refuse to marry same-sex couples.With about 77 percent of Canadians identifying as Christian, according to the 2001 Census, the place of homosexuality within Christianity is extremely relevant. The three largest denominations are Catholicism, Anglican and United Church of Canada. Within the Anglican and United denominations there are several churches that perform same-sex marriages. In general, Christians abide by morals that are very inclusive and welcoming of everyone, however there are also mandates for sexual activity. In Christian theory, sex is solely meant for reproduction, something that brings up many questions about LGBTI sexuality. Pope Benedict XVI has commented on homosexual activity, stating in the Letter to the Bishops in 1986 “Although the particular inclination of the homosexual person is not a sin, it is a more or less strong tendency ordered to an intrinsic moral evil, and thus the inclination itself must be seen as an objective disorder.” The Catholic Church believes that homosexual acts are unnatural and sinful, and it calls for chastity of its homosexual members.
Father Jean-Claude Gilbert, presiding priest at the parish, does not consider Sainte-Pierre to be a gay church explicitly. He emphasized that the church is “open to everybody”, elaborating further: “we are in the gay village, we are open to all, and there is a lot of them [gays] who are coming in and are the most welcome.” Father Gilbert maintains, “We represent the Catholic church” and further the church does not perform gay marriages. He stated that “it is because of the Catholic Church that does not authorize gay marriage so those who want to live as married live as a civil marriage and we respect them but we do not preside that.” He added, “It is above our head.”St. Pierre distinguishes itself from other Catholic churches with its dedication to commemorating the lives of HIV/AIDS victims. Throughout the building are plaques dedicated to loved ones who have died from HIV/AIDS. The Chapelle de l’Espoir honors the memory of the victims of AIDS. Further involving gays, Father Gilbert says, “when it is the week of the fierté gai [gay pride] we have a stand on St. Catherine’s street from the parish and there is a special mass here.”Gilbert explains that gays in the community are “quite involved” as “ a lot of them are members of committees and are quite engaged.” He sees it as “not a kind of a routine practice,” but he explains, “Very often they have suffered a lot.” Gilbert has made it clear that despite seeming hostility from the church, the LGBTI community is open to religious faith. “The fact of coming to practice a religion is important for them because it helps them in their life because everybody has tough situations to go through,” said the priest, adding that those in the community “want to hear about Christ, and about the love of God, and to feel that they are accepted and loved by God.”
He concludes, “They are happy that the word of God be for them and it is for them a strength in their life because sometimes they have the impression that when the church speaks officially they are out on the side, and then to feel accepted as everybody is accepted and to be able to focus on the reality of faith and the love of god and the love of their neighbor.”