Same-sex marriage in Canada
The same-sex marriage was in Canada with the Civil Marriage Act introduced nationwide in the year of 2005. Previously, there were court rulings in some provinces and territories that saw the definition of marriage as a connection between a man and a woman a violation of fundamental rights in the Canadian Charter of Rights and Freedoms .
history
Provincial court decisions
The first same-sex marriages in Canadian history took place on June 10, 2003. On that day the highest court in the province of Ontario ruled in the Halpern v. Canada that marriage must be opened to same-sex couples. It thus confirmed the decision of a lower court, which set the government a deadline for the implementation of the decision. The first homosexual couple to marry after the decision was made were Michael Stark and Michael Leshner.
Similar rulings were made in other provinces and territories, such as British Columbia (July 8, 2003), Québec (March 16, 2004), Yukon (July 14, 2004), Manitoba (September 16, 2004), Nova Scotia (September 24 2004), Saskatchewan (November 5, 2004), Newfoundland and Labrador (December 21, 2004), and New Brunswick (June 23, 2005). In the Northwest Territories , the Supreme Court trial was not closed because the Civil Marriage Act was already in place. In Alberta , Prince Edward Island , and the Nunavut Territory, homosexual marriage has also been allowed since the law came into force.
Civil Marriage Act 2005
In February 2005, the Liberal government of Paul Martin passed a law in the Canadian Parliament that defines marriage at the federal level as the connection between two people, regardless of gender. In preparation for the law, she obtained an official opinion from the Supreme Court of Canada , in which it should be clarified whether it falls within the competence of parliament, whether it is constitutional, whether registrars must have the right to refuse to enter into same-sex marriages and whether the opposite-sex definition of marriage is constitutional. The first three questions were answered with “Yes”, the court reserved an answer to the last question.
The law passed the House of Commons on June 28 and the Senate on July 19 . A day later, the law was signed by the Chief Justice of Canada Beverley McLachlin , on behalf of Adrienne Clarkson , the Canadian Governor General .
Effects abroad
The opening up of marriage in Canada was not just a national one. Since the initial decision in Ontario, many foreign homosexual couples went to Canada to get married. This was largely aided by the fact that Canada is the only one of the countries that allow same-sex marriage that does not require at least permanent domestic residence as a marriage requirement.
On November 21, 2006, the Israeli Supreme Court ruled that same-sex marriages in Canada must be recognized in Israel .
In the United States at the time of marriage in Canada, Massachusetts and Connecticut were the only states that allowed same-sex marriages. However, in some other states, out-of-state same-sex marriages have been recognized, such as Rhode Island . In February 2008, a court in New York State ruled that same-sex marriage in Canada was valid in New York. The appeal against this decision was rejected by the highest court in New York in May 2008, so that the recognition of the marriage became final. On May 28, 2008, New York Governor David Paterson ordered the authorities to recognize same-sex marriages outside of the state.
In the following years, more and more states in the United States decided to open marriage.
Individual evidence
- ↑ 365gay.com: "NY High Court Refuses Gay Marriage Case"
- ↑ queer.de: New York recognizes gay and lesbian marriages
- ↑ 365gay.com: NY Gov. Orders State to Recognize Gay Marriage