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Why Is Same Sex Marriage Legal in Canada

Initially, it was difficult to determine the total number of same-sex marriages in some regions. This is because some provinces did not indicate the sex of married persons in their permit documents. However, some provinces have collected this information. In the first year of legalization of same-sex marriage in British Columbia (2003-2004), 3.5% of marriages were same-sex marriages; Of these, 54.5% were female couples. More than a quarter of same-sex marriages (27.6 per cent) involved women who had previously married; 14.2% were men who had ever been married. Mar Roman, Spain approuves same-sex marriage, The Globe and Mail, July 1, 2005, p. A10. On May 14, 2013, Brazil`s Judicial Council ruled that same-sex couples should not be denied marriage licenses, allowing same-sex marriages to begin nationwide. (Previously, about half of Brazil`s 27 jurisdictions had allowed same-sex marriage.) Prime Minister Jean Chrétien promises not to let religious objections change his stance on same-sex marriage. He says MPs will be free to vote on the bill if it is introduced in the House of Commons after his retirement in 2004. In July 2010, Argentina became the first country in Latin America to legalize same-sex marriage. Despite fierce opposition from the Catholic Church and evangelical Protestant churches, the measure was passed by both houses of the Argentine legislature and was signed into law by President Cristina Fernandez de Kirchner.

The law grants same-sex couples who marry all the rights and obligations enjoyed by heterosexual couples, including the right to adopt children. Ontario Attorney General Norm Sterling says the province will follow the law and register same-sex marriages. Nearly two dozen same-sex couples applied for marriage licences in Ontario on June 10. Bill C-38, which gives same-sex couples the right to marry, receives Royal Assent and becomes law. In 1989, Denmark became the first country to allow same-sex couples to register as domestic partners. And in 2010, the country passed a law granting same-sex couples in registered partnerships the right to adopt children. The Court did not examine further whether, if a registered partnership were created for same-sex couples as an alternative to marriage, it would withstand an attack under Article 15 of the Charter of Fundamental Rights. If the court were to conclude that the civil partnership alternative implicitly claims that same-sex partnerships are less respectful than opposite-sex partnerships, the history of previous decisions suggests that the court would reject the law as discriminatory under section 15. Another problem with the civil partnership option is that, even if adopted by the provinces, it could only be effective as an institution for same-sex couples if Parliament legislated to restore the definition of opposite-sex marriage to exclude the marriage option for same-sex couples. This law would then be reprehensible for exactly the same reasons, as it would have thwarted the requirement of opposite-sex marriage in EGALE, Halpern and Hendricks.

In Canada, therefore, the alternative of civil partnership is not really legally viable. The Civil Marriage Act echoed this decision by adopting a definition of marriage that includes same-sex couples. The wording of the optional provision (section 2) is identical to the wording considered by the Court in the reference.31 The legal definition of civil marriage in Canada is now “the lawful union of two persons to the exclusion of all others.” The Supreme Court of Canada has ruled in a number of cases that sexual orientation is an analogous reason. In Egan (1995), the Supreme Court of Canada held that sexual orientation is “a deeply personal trait that is immutable or modifiable only at an unacceptable personal cost.” 10 On that basis, the Court held that State pensions infringe Article 15 by making a spouse`s pension available to a spouse `of the opposite sex`, but not to a same-sex partner. By November 2006, the debate had changed and it was supporters of same-sex marriage who argued for a fall vote on the issue, and opponents who argued for a delay. [71] [72] On December 6, 2006, the government tabled a motion asking whether debate on same-sex marriage should resume. The motion was defeated the next day by 175 votes to 123. [73] [74] [75] Prime Minister Harper later told reporters, “I don`t see this issue being raised again in the future. [76] [77] [78] The sentence was reinforced in clause 2 of the bill, which reads as follows: “Nothing in this Act shall affect the freedom of leaders of religious groups to refuse marriages that are not in accordance with their religious beliefs.

However, the Court held that this provision was ultra vires of Parliament because it referred to the “solemnity of marriage”, which, under section 92, paragraph 12, was a provincial head of power. It was a surprising attitude. It is true that the language of destiny is focused on solemnity rather than ability. But the provision should have been retained simply as an interpretative statement reinforcing the fact that the proposed bill was limited to marriage “for civil purposes.” It seems implausible that a law limited to marriage “for civil purposes” could be interpreted as obliging religious authorities to enter into marriages that contradict the tenets of their faith. In May 2012, Hollande was elected and his Socialist Party won a majority in both houses of the French legislature. True to their election promises, Hollande and the Socialists pushed through a law that not only legalizes same-sex marriage, but also gives gay and lesbian couples the right to adopt children — a provision that has been particularly criticized by French Catholic leaders. The Conservative Party, led by Harper, won a minority government in the federal election of January 23, 2006. Harper promised during the election campaign to hold a free vote on a motion to reopen the debate on same-sex marriage. [58] The motion would reopen debate on same-sex marriage, but does not require the reinstatement of the definition of opposite-sex marriage. Premier Klein wanted to prevent same-sex marriages from being contracted or recognized in Alberta, but ultimately admitted the province`s chances of doing so were slim, saying Alberta would follow the law. [85] In contrast, the other non-homosexual province, Prince Edward Island, announced that it would voluntarily bring its laws into conformity with federal legislation.

The Attorney General of Canada (representing the Canadian government in court) was a party to the dispute in all three provinces and took the position that the traditional definition of marriage (which was in federal law at the time) was constitutional. However, after the courts of all three provinces ruled against this position, the Canadian government changed its policy. The government decided not to challenge any of the three decisions, so the expanded definition of marriage remained in place in the three most populous provinces. Toronto City Council passes a resolution calling the common law definition limiting marriage to opposite-sex couples discriminatory. In Mossop, the Supreme Court of Canada held that the denial of bereavement leave to a same-sex partner does not constitute discrimination on the basis of marital status within the meaning of the Canadian Human Rights Act. However, the case is not a total loss for homosexuals. Two of the judges concluded that the term “family status” was broad enough to include same-sex couples living together in a long-term relationship. The Supreme Court also noted that if section 15 of the Charter of Rights and Freedoms had been invoked, the judgment could have been different. South Africa`s parliament legalized same-sex marriage in November 2006, a year after the country`s highest court ruled that previous marriage laws violated the South African Constitution`s guarantee of equality.

The new law allows religious institutions and officials to refuse to perform same-sex marriages, a provision that critics say violates the rights of same-sex couples under the constitution. The Civil Marriage Act also contains section 4, which was not included in the draft law before the Court. Article 4 provides “for greater certainty” that “a marriage is not invalid or annullable merely because the spouses are of the same sex”. According to the 2001 Census, 80% of the Canadian population was initiated into one of the three main Abrahamic religions (Judaism, Islam and Christianity). [102] [103] All three have texts interpreted by some as declaring same-sex sexual relations prohibited and sinful, and have spoken out against the recognition of same-sex partnerships.