But, of course, along comes the "Alliance for Marriage and Family" (because, of course, the lesbian couple and the child aren't a family) and asks to substitute in as the AG of Ontario to appeal the case to the Supreme Court.
Here's the Supreme Court's smackdown:
Amen. I think the Court is being slightly snarky in the last two sentences. Because, of course, even though these nutjob organizations always say that the world will end when teh gays are allowed to marry/have kids/have lives, they never explain why. Because they can't.This Court’s procedure is flexible, but that flexibility has its limits. What the applicant is attempting to do is to substitute itself for the Attorney General in order to bring important legal questions relating to the development and application of the law before this Court. As we have seen, neither the Attorney General nor the immediate parties intend, for reasons of their own, to contest the Court of Appeal’s judgment. The applicant is certainly concerned about the impact of that judgment. Nevertheless, it was merely an intervener in the Court of Appeal, there to defend its view of the development of family law, but it had no specific interest in the outcome of the litigation.
This Court has never allowed a private applicant under Rule 18(5) to revive litigation in which it had no personal interest.* * *
In addition, the applicant does not explain in its application how it meets the test for public interest standing from Canadian Council of Churches v. Canada (Minister of Employment and Immigration), [1992] 1 S.C.R. 236. It merely states that the judgment will be otherwise “unappealable”.
They sky hasn't fallen, the world hasn't ended, society isn't falling apart, just because Tom and Steve can get married and have kids.
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