A senator and a backbencher are asking the Supreme Court of Canada to hear testimony from MPs on the question of legalizing same-sex marriage.

Liberal MP Roger Gallaway and Senator Anne Cools are seeking intervenor status in the reference of draft legislation on same-sex unions to the Supreme Court.

If granted, MPs would then ask the court to refuse to review the marriage issue.

The Chretien government has promised to hold a free vote on the legislation in the House of Commons, once it gets pre-approved by the Supreme Court.

Cools and Gallaway say the government is trying to get around having to hold a legitimate debate.

How the draft legislation will fare when it comes to the vote is still being debated. However, a report in The Globe and Mail suggests it stands a strong chance of being defeated.

The newspaper conducted a survey of Liberal MPs and found that at least 126 members plan to vote against the bill, while 60 MPs have still not said or decided how they will vote. A total of 151 votes are needed to reject the bill.

As well, 11 of the 15 Progressive Conservative MPs added their names to the list of opponents at a meeting in Stratford, Ont. Wednesday.

The news comes a blow to proponents of same-sex marriage because the Tory caucus had been predicted to be more evenly split on the issue. With the two sides neck-and-neck, even the small number of Tory votes could help decide the outcome of the vote.

The Canadian Alliance's 63 MPs are expected to vote solidly against gay unions.

As it stands now, only four Tory MPs will support the bill: former party leader Joe Clark, Quebec MP Andre Bachand, Rick Borostik of Manitoba and Nova Scotia MP Scott Brison. Most of the Tory opponents come from rural ridings and say they cannot accept a change in the legal definition of marriage.

A survey posted on the website for the advocacy group Equal Marriage for Same-Sex Couples found 158 MPs against and 143 in support of same-sex marriage.