Read the following problem. Then answer the question that follows it. You should answer using full sentences.

Remember, always start by thinking about what concept(s) apply to the problem and fully describe those concepts. After you have described what you think is the applicable concept then you should do the analysis (applying the concept to the facts of the problem to reach your conclusion).

Problem:

Sue and Jennifer want to get married. They go to the provincial government office to apply for a marriage licence but they are refused a licence. The government employee who refuses to issue the licence explains that same-sex marriage is prohibited under a recently passed provincial statute entitled theDefence of Traditional Marriage Act.

In the preamble to theDefence of Traditional Marriage Actit is stated that marriage between a man and a woman is an important institution in Canadian society for three reasons: traditional marriage promotes procreation (having children); it promotes the raising of children in families; and it promotes love and companionship between people.

Sue and Jennifer are outraged at being denied a marriage licence. They feel they should be able to get married and they are determined to do something about this. They want to go to court using theCharter of Rights(note: they are not making a division of powers argument).

Question:

Assuming they successfully argue that theDefence of Traditional Marriage Actviolates theCharter, and assuming the government will try to use section 1 of theCharterto defend this legislation, do you think the government will succeed with a section 1 argument? Explain.