As long as there were no legal consequences (e.g. benefits) attached to "marriage" by a religious outfit.
"Getting out of the civil marriage business would keep us from doing that."
Under that scenario, Alberta would register legal domestic relationships of all kinds under another name, such as civil union. Those who want that relationship recognized as a "marriage" would have to go to a church.
Morton concedes that might leave non-religious couples who want to marry in the lurch.
I'm also not convinced that the province could simply
not exercise its powers under the Constitution, which include jurisdiction over "the solemnization of marriage in the province".
What it would be doing, if no one were able to get married except by a religious outfit, would be discriminating against people who couldn't find religious outfits to marry them -- as long as that religious "marriage" was still recognized by the province for any purpose, or the religious official was empowered by the province to perform it, i.e. if the parties didn't *also* have to register a civil union in order to give their relationship the same effect as registered civil unions.
That is,
Those who want that relationship recognized as a "marriage" by whom or what? would have to go to a church.And what, then, of divorce -- which is under the jurisdiction of the federal parliament? Could civil-unioned people in Alberta get divorced under the national Divorce Act? Of course not. And in most provinces, there are still distinctions between married and cohabiting when it comes to division of assets (not much difference when it comes to support, e.g.). How would an Alberta civil-unioned couple's property in Ontario be treated?
Basically, they're evil morons. And they're not going to get away with any of this.