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Same-sex marriages (SSM) in Canada

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Sound bytes about marriage and Bill C-38 which legalized same-sex marriage:

	"...only the sexual union of a man and a woman has the potential to produce children." Focus on the Family Canada. 1 (They appear to have been unaware of the lesbian marriage and baby boom, and the widespread adoption of children by male gay couples.)
	"Either a sexual union, or artificial insemination, or in-vitro fertilization are precisely the way in which a lesbian couple produces children." Anon; from a visitor to this site responding to the above quote.
	"Since the beginning of history marriage has changed very little." Focus on the Family Canada. 1
	"There are eight different family/marriage structures in the Bible. Consider the legalization of same-sex marriages in Canada in 2003 onwards; same-sex marriages in Massachusetts in 2004;  inter-racial marriages in 1967 and marriage by African Americans in the 19th century." Anon; same visitor.
	"Canada is a unique political project. As an open society, we have taken up the challenge of equality amidst diversity and we have proudly made this a touchstone of our identity." Pierre Pettigrew, Minister of Foreign Affairs. 2
	"We are at the crossroads of our national history. Bill C-38 is a serious threat to our basic liberties and will further erode religious freedom in Canada. Moreover, it will only get worse if we allow this legislation to pass: churches will lose their tax-exempt status; public discourse on homosexual behavior will be silenced and the faith community will be further marginalized, perhaps banished, from the policy debate." defendMARRIAGE.ca. 3
	"[This] shows that we're a liberal society who realizes that the majority doesn't get to decide which minority gets rights." "Adam" 4

Status of SSM before 2005-JUL-20:

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At that time, 89.3% of Canadians lived in political jurisdictions where SSMs were routinely performed. In each case, SSM was forced on a reluctant government by a court.

The two provinces and two territories which still prohibited SSM as of 2005-JUL-19 were:

	Northwest Territories (containing 0.13% of the population of Canada)
	Alberta (10.0%)
	Nunavut territory (0.09%)
	Prince Edward Island (PEI; 0.43%)6

Status of same-sex marriage on and after 2005-JUL-20:

The Canadian Senate passed bill C-38 the late evening of 2005-JUL-19.The bill was officially proclaimed as law on JUL-20. At that time, SSM theoretically became available across Canada.

However, there was one hold-out. Prince Edward Island (PEI) on the Eastern seaboard of Canada, alone, refused to issue marriage licenses to same-sex couples. This situation was apparently unique in the country. Fortunately, there is a fixed link -- a bridge -- between the Island and mainland, so couples were able to simply drive across the bridge into New Brunswick, purchase a license, and get married there. Women seeking abortions have to do the same thing, because there are no abortion clinics in PEI

As of 2005-JUL-20, 99.6% of the population of Canada lived in a jurisdiction where same-sex couples could marry. On 2005-AUG-19, PEI capitulated, and this became 100%. Faced with a lawsuit filed by a lesbian couple seeking to get married in PEI, that government backed down and found a way to obey the revised marriage law of Canada.

What same-sex marriage (SSM) is, and is not, in Canada:

	The same thing as "homosexual marriage" or "gay marriage." There are many bisexuals in the country who enter committed, loving relationships with members of the same sex and who plan to be married.
	A battle among persons of different sexual orientations: homosexuals, bisexuals and heterosexuals.
	A battle between religion and secularism, because various Christian denominations take opposing views on SSM. So do adherents of Islam, Judaism, other organized religions, Humanists, Atheists, Agnostics, secularists, etc.

	Religious conservatives, social conservatives, and the elderly, most of whom oppose SSM, and
	Religious liberals, social liberals, sexual minorities, civil rights advocates, and young adults who favor SSM.
	The battle continues, to a degree. Some religious conservative individuals and groups promised to work against the reelection of any member of parliament who voted in favor of SSM. The federal Conservative Party will probably attempt to forcibly divorce all same-sex married couples if his party gains power.
	However with the passage of federal bill C-38 that authorizes SSM from sea to sea to sea, the country seems to have settled down and accepted the change.

	A minority of Canadian adults regard all homosexual behavior -- including that within a loving committed relationship -- to be profoundly immoral. Many would like to have it re-criminalized. Many feel that granting marriage rights to same-sex couples will damage and perhaps destroy the institution of opposite-sex marriage, and perhaps harm the culture of Canada beyond repair.
	The majority of Canadian adults favor SSM and regard marriage as a fundamental human right. Many feel that maintaining second-class citizenship for same-sex couples is profoundly immoral. Most feel that granting marriage rights to those same-sex couples who want to marry strengthens the institution of marriage.

Legal status of SSM:

Holland and Belgium were the first political jurisdictions in the world to allow same-sex couples to marry. In mid-2003, the province of Ontario became the third.

On 2005-FEB-01, the federal government introduced bill C-38 to legalize SSM from sea onto sea. The main result of the bill would be that about 10% of same-sex couples who wish to get married will be able to do it more conveniently -- without the nuisance of having to leave their province or territory of residence. Also, their status would be raised from simple roommates to a married couple in their province or territory of residence.

As of 2005-JUL-19, courts had ruled that same-sex couples could marry in eight out of the ten provinces of Canada, and in one out of the three territories. A court case was active at the time in the Northwest Territories. Alberta remained intransigent. Prince Edward Island had announced that it was planning to legalize SSM.

Bill C-38 passed its final vote in the House of Commons during the evening of 2005-JUN-28. The vote was 158 to 133. The bill passed its final vote in the Senate by a vote of 47 to 21 with three abstentions on 2005-JUL-19. It was signed into law on 2005-JUL-20 by the Chief Justice of the Supreme Court of Canada. The Governor General, who usually proclaims legislation, was incapacitated for medical reasons.

Topics covered in this section:

	Background material: Introduction to SSM <<< Americans in particular should read this first Major events and current status of SSM in Canada <<< This is also important Marriage laws in Canada   Timeline of the granting of GLBT rights in Canada 1965 to 1999 2000 to now   Timeline of recent SSM court decisions, government actions, etc Predictions of long term effects of same-sex marriage in Canada Do you want to get married in Canada? Text of court decisions, documents, research papers, etc. Positions taken towards SSM by various groups in Canada
	Reactions by conservative Christians: Focus on the Family's "Mom & Dad" ads Bishop Henry's pastoral letter and resultant human rights commission complaints Religious pressure on MPs by the Roman Catholic Church
	Public opinion: Polling data from: 1996 to 2002;  2003; 2004; 2005; 2006 Anecdotal comments about SSM
	SSM activity at the provincial / territorial level: The following essays discuss the process by which SSM was legalized one province and territory at a time across Canada. This material is primarily of historical interest at this time, because a federal law made SSM available everywhere in Canada -- except for Prince Edward Island (PEI) -- on 2005-JUL-20. PEI has since capitulated. Alberta: Forced to recognize SSM by federal legislation. British Columbia: Forced by court order. Manitoba: Forced by court order. New Brunswick: Forced by court order. Ontario: Forced by court order. Part 1 From the reading of the banns to the Ontario Divisional Court decision. Part 2 Reactions to the decision; Parliamentary commission. Part 3 Appeal to, and decision of, the Ontario Court of Appeals. Part 4 Initial reactions to the court decision. Part 5 Later reactions. Part 6: Attempts by religious and social conservatives to appeal the ruling. Part 7: Housekeeping amendments by the legislature One child with three legal parents: Ontario court decision Newfoundland / Labrador: Forced by court order.. North West Territories: Forced by federal legislation Nova Scotia: Forced by court order. Nunavut: Forced by federal legislation Prince Edward Island: Forced by federal legislation Quebec: Forced by court order. Saskatchewan: Forced by court order. Yukon: Forced by court order.
	SSM activity at the national level: The following essays discuss the process by which a federal law was developed which enlarged the definition of marriage in Canada to include all loving committed couples -- both opposite sex and same-sex. Federal parliamentary commission on SSM & discussion paper Federal government decision to legalize SSM. Initial reactions to the government decision Subsequent developments: 2003-JUN-25 to AUG-11 Draft marriage act; Supreme Court reference 2003-AUG-12 to AUG-21 Civil union option; Alliance Party motion 2003-AUG-22 to SEP-7 Various rallies & attacks on government 2003-SEP & OCT Motion shelved; attempts to appeal lower court decision 2003-NOV to 2004-SEP-15 4th reference added; First SSM divorce. SSM in Quebec 2004-SEP-16 to OCT-04 SSM in Manitoba & Nova Scotia. 2004-OCT-04 to OCT-07 The hearing before the Supreme Court. 2004-OCT-08 to NOV-26 Private member bill; "spouse" redefined; survivor pensions. 2004-DEC-01 to DEC-11 Supreme Court of Canada decision; interpretations. 2004-DEC-12 to 2005-JAN-20 Posturing prior to the recall of Parliament. 2005-JAN-21 to JAN-31: More posturing. 2005-FEB-01 to FEB-02: Bill C-38 "Civil Marriage Act" is introduced to Parliament. 2005-FEB-03 to FEB-15: Debate continues. 2005-FEB-16 to FEB-18: Debate continues. 2005-FEB-19 to MAR-29: Debate continues. Conservative amendment fails. 2005-MAR-30 to JUN-14: Bill's second reading, committee review. 2005-JUN-15 to JUN-28: Bill is passed by the House of Commons. Reactions to the passage of C-38 in the House. 2005-JUN-29 to JUL-17: Bill is considered by the Senate and committee. Three selected speeches for and against C-38 in the Senate. 2005-JUL-18 and 19:  Bill is debated by the Senate. 2005-JUL-19 and 20: Bill is passed by the Senate and signed into law. Positive reactions to the SSM law. Negative reactions to the SSM law.  Subsequent development during 2005 2006-JAN to JUN activity SSM to be revisited? 2006-JUL to NOV activity More speculation on the future of SSM 2006-DEC: Motion to reopen debate on SSM Is the matter settled?   The Federal Government's "Reference" to the Supreme Court The path forward; predicted future timeline Same-sex parenting: a massive study commissioned by Liberals, suppressed by Conservatives Potential roadblocks to implement SSM across Canada Will provincial governments be able to opt out of registering SSM? The answer is no The rights of clergy and others to refuse services to same-sex engaged couples
	Briefs submitted to the government by various groups: Analysis of a brief submitted by the Interfaith Coalition on Marriage and Family United Church of Canada submission Evangelical Fellowship of Canada submission

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References:

1. "Redefinition of Marriage: A Focus on the Family Q&A," FamilyFacts.ca, undated, at: http://www.fotf.ca/
2. "Canada pushes for international commitment on gay rights," Today's Family News, 2005-MAR-18.
3. "dM Action Update," defendMARRIAGE.ca, 2005-JUN-17.
4. "Adam," posting to the discussion on the "Same-sex marriage bill" in AtheistParents.org, 2005-JUL-29, at: http://www.atheistparents.org/
5. This image is derived from Wikipedia, the free encyclopedia. at: http://en.wikipedia.org/
6. "Population, provinces and territories," Statistics Canada, 2003 estimates. See: http://www.statcan.ca/
7. The red and white banner is is a custom graphic copied from Tania's site at: http://www3.sympatico.ca/

Copyright © 1998 to 2008 by Ontario Consultants on Religious Tolerance
Latest update: 2008-DEC-03
Author: B.A. Robinson

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