Same-sex marriages (SSM) in Canada
A brief list of major events. Current status.

Sponsored link.

Brief list of major events:
We use the acronym "SSM" to mean "Same Sex Marriage." This saves wear
and tear on your eyeballs and our fingers.
In the 1990s and early 2000s, the provincial governments of Alberta, British Columbia, Nova Scotia, Ontario and
Quebec
recognized same-sex relationships and granted restricted rights to gays and lesbians, that were nearly equivalent to
those enjoyed by heterosexual
common-law couples. But they were not called marriages.
Since the turn of the millennium, developments have been swift:
 |
2001-JAN-14: At this time, same-sex couples could not purchase marriage licenses from their province or territory. However, in much of Canada, there is a second path that leads to marriage. A minister, pastor, priest or other member of the clergy can perform a "reading of the banns" for three consecutive weeks announcing an upcoming marriage. This makes a couple eligible to be married in the congregation on the following week, without first having obtained a marriage license.
The banns were read in this way for two same-sex couples at the Metropolitan Community Church of Toronto. They were:
- Kevin Bourassa to Joe Varnell, and
- Elaine Vautour to Anne Vautour.
Of course, when the pastor, Rev. Brent Hawkes. attempted to register their marriages, the government office refused. Thus the two marriages remained recognized only by the church in which it was performed.
|
 |
2003-JUN-10: The definition of marriage in Ontario was widened by a decision of the Ontario Court of Appeal. They ruled unanimously that same-sex couples
of a suitable age can marry. SSM had finally achieved a foothold in one Canadian province. Ontario became the first political jurisdiction in North America to allow SSM. [Massachusetts was the second on 2004-MAY-17.] Two gays, Michael Stark and Michael Leshner anticipated the court ruling and had arranged in advance to obtain a marriage license, to have the usual waiting period waived, and be married almost immediately in Toronto City Hall. Both men had played a major role in the court case. 6 Leaving the building, they and a few other newly married same-sex couples were met by demonstrators, including busloads of Americans with children, who vented their hostility and anger on the happy newlyweds.
As part of their ruling, the court also legalized same-sex marriages in Ontario that had been previously solemnized by a reading of the banns. And so the two same-sex couples who had been married at the Metropolitan Community Church in 2001 were "grandfathered," and declared to have been married retroactively to 2001. They are believed to have been the first same-sex couple to be married in the entire world during recent history. This was a few months before the Netherlands -- the first full country to legalize SSM -- started to marry same-sex couples.
|
 |
2003-JUL: The province of British Columbia followed suit.
|
 |
2003-AUG: The deputy Prime Minister, John Manley, commented to the media
that the Quebec government will soon start to register SSMs. 1 He was wrong.
|
 |
2003-JUL: The federal government submitted draft legislation in
the form of a "reference" to the Supreme
Court of Canada which would redefine marriage to include same-sex
couples. During late 2004, the Court is ruled that the proposed laws were constitutional .
|
 |
2003-DEC: Prime Minister Paul Martin asked the Supreme Court whether
the addition of a Vermont-style civil union structure to the marriage act would be good enough to make it
constitutional.
|
 |
2004-MAR: The Quebec Court of Appeal ruled that same-sex
marriages are legal in the province. SSM became available to about 80% of Canada's population without
the spouses having to leave their province of residency.
|
 |
2004-JUL: Against the wishes of the federal Attorney General,
the Yukon Supreme Court ordered the territory to issue marriage licenses
to same-sex couples and register their subsequent marriages. Yukon
is a territory of Canada, north of the province of British Columbia.
|
 |
2004-SEP-14: Justice Ruth Mesbur of the Ontario Superior Court issued the first divorce to a married same-sex couple in Canada. Theirs may
have been the first divorce by a same-sex couple in the world.
|
 |
2004-SEP-16: A court in Manitoba
authorized same-sex marriages in the province.
|
 |
2004-SEP-24: A court in Nova Scotia authorized same-sex
marriages in the province.
|
 |
2004-OCT-06 & 07: The Supreme
Court of Canada conducted hearings lasting a day and a half on the
federal government's SSM reference.
|
 |
2004-OCT: Two same-sex couples were raising money to launch a SSM
lawsuit in New Brunswick. A lesbian couple launched a similar
lawsuit in Saskatchewan.
|
 |
2004-NOV: A court in Saskatchewan authorized same-sex marriages
in the province. Among the ten provinces in Canada, only Alberta, New
Brunswick, Newfoundland and Prince Edward Island still refused to allow
same-sex couples to marry. Two same-sex couples had launched a lawsuit in
Newfoundland.
|
 |
2004-NOV-19: Justice Ruth Mesbur of the Ontario Superior Court handed down her ruling in the SEP-14 same-sex divorce case. She determined
that the federal Divorce Act was unconstitutional. In effect, rewrote the
law by declaring that "spouse" is to be replaced by the phrase "two
persons" married to each other. This ruling applies to a federal
statute, passed by Parliament." It therefore redefined the word "spouse"
across Canada. Few people noticed.
|
 |
2004-NOV-26: Many gays and lesbian widows and widowers were retroactively granted survivor
pensions from Canada Pension Plan (CPP).
|
 |
2004-DEC-08: The Supreme Court of Canada released its ruling on the
Federal Government's reference questions. They advised that the only the federal government has
the right to define who can marry, that the government's proposed legislation including SSM would be constitutional if it became law, and that clergy can legally continue to discriminate in
selecting which engaged couples they will not marry. The court sidestepped a
ruling on whether the constitution actually requires SSM, thus guaranteeing a
much higher level of debate in the country.
|
 |
2004-DEC-21: A court in Newfoundland/Labrador ruled that the
province must begin to marry same-sex couples.
|
 |
2005-FEB-01: The Federal Government introduced Bill C-38 to make SSM available across Canada.
The bill involved a simple statement that marriage is a union between "two
persons." It also makes minor amendments to eight other existing federal
laws. By this time, Justices of the highest courts in British Columbia, Ontario and Québec
had unanimously ruled that SSM is required by the Charter of Rights and
Freedoms. By not appealing the ruling to the Supreme Court of Canada,
those rulings have become binding on the federal government. Still, a
sizeable minority of Members of Parliament were expected to violate their
oath of office -- which requires them to uphold the Constitution -- by
voting against the bill.
|
 |
2005-FEB-24: The Ontario Legislature easily passed an
omnibus bill which made minor modifications to 73 existing provincial laws.
This brought them into alignment with the 2003-JUN-10 decision of the Ontario Court of Appeal which legalized same-sex marriage.
|
 |
2005-APR-12: A Conservative party amendment to C-38 which would
have banned SSM and substituted a system of civil unions for same-sex
couples was defeated by a vote of 164 to 132. This was a wider margin than
was expected by most commentators. A second-reading vote was expected by
mid-April. If C-38 passes, it would be referred to an all-party committee
for study.
|
 |
2005-MAY-03: The first same-sex wedding of a military couple was
celebrated at Airbase Greenwood in Nova Scotia by a United Church of Canada minister from a nearby town. A second same-sex marriage was scheduled for
Canadian Forces Base Valcartier in Quebec.
|
 |
2005-JUN-23: A court in New Brunswick ruled that the
province must marry same-sex couples, effective JUL-04.
|
 |
2005-JUN-28: Bill C-38 was passed in the House of Commons by a
vote of 158 to 133. It passed to the Senate for consideration.
|
 |
2005-JUL-07: The Prince Edward Island's government announced that
it would legalize SSM in the province. This was a unique decision, because
the territory of Yukon and the eight provinces which currently allow SSM
all refused to conduct SSMs until ordered to do so by the courts.
|
 |
2005-JUL-19: Bill C-38 was passed by the Senate by a vote of 47
to 21 with three abstentions.
|
 |
2005-JUL-20: Bill C-38 was proclaimed on
DEC-20 by the Chief Justice of the Supreme Court of Canada. The
Governor General, who usually proclaims legislation, was incapacitated for
medical reasons. This law makes same-sex marriages theoretically available in every province
and territory of Canada.
|
 |
2005-AUG: The Prince Edward Island government refused Dr. Chris Zarow and Constance Majeau's request for a marriage license. They were a same-sex
couple from California, who wanted to marry during a family reunion in PEI on AUG-19. Faced with a lawsuit, someone in the government had a brilliant flash of insight and figured out how to handle a same-sex couple. Chris Zarow said she was pleased that:
"From now on any [same-sex] couple can walk into the Vital Statistics office
and simply fill out the paperwork as simple as anyone else. No one else will have to fight this battle."
This wedding is symbolic for all of Canada. For the first time, any couple,
opposite-sex or same-sex, could obtain a marriage license anywhere in Canada and have their marriage registered by the province or territory. 3,4 More info.
|
 |
2013-JUN-10: Two gays, Mathieu Chantelois and Marcelo Gormez-Wiuckstern, who were the first same-sex couple in Canada to marry via a marriage certificate, celebrated their 10th anniversary together. By this time, same-sex marriages were available in twelve U.S. states and the District of Columbia as well as in about 14 other countries. SSM was being actively debated in Australia, in England and Wales in the UK, and in Scotland.
In contrast, same-gender sexual activity is still criminalized in 78 countries around the world. In six of those countries -- all predominately Muslim -- such behavior is a crime for which the penalty can be execution. |

Current status of SSM in Canada:
With the capitulation of Prince Edward Island, SSM became available in every
province and territory across Canada.
They have become routine events.
The country remains divided on SSM. A healthy majority of adults are in
favor. Young adults particularly strongly in favor of SSM. Most elderly and religious conservatives remain
opposed. Religious
liberals, secularists, and NOTAS (religiously not affiliated) are typically strongly in favor.
In 2006-JAN, a new federal government was elected, headed by the Conservative Party
of Canada. Their leader, Stephen Harper, had promised to introduce legislation in
Parliament as soon as possible which would prevent any additional same-sex
couples from marrying. However, polls indicated that the majority of Members of
Parliament would reject such a bill. The bill was never filed.
Just before the first same-sex couple was married in 2003, opposition to such marriages was strong in Canada. In 2002, an Ekos poll determined that 47% of Canadian adults opposed SSM. If it came to a vote, the large number of "undecideds" would probably have resulted in a majority vote against SSM. But by 2012, an Ipsos Reid poll determined that only 18% of adults were still strongly opposed to SSM. Opposite-sex couples observed that their own marriages were unaffected by SSM. The only real difference was that a significant number of additional loving, committed couples were able to marry in Canada. SSM had largely become a non-issue in the country.

References used:
-
"Thousands rally in de fence of marriage," Today's Family News, Focus on the Family, Canada, 2003-AUG-26.
-
-
Wayne Theodora, " Lesbian couple make mark with vows," The Guardian,
2005-AUG-20. Online at: http://www.gaypei.com/
-
-
Mathieu Chantelois, "Ten years of same-sex marriage in Ontario," The Toronto Star, 2013-JUN-1
-

Site navigation:
"SSM" means "same-sex marriage"

Copyright © 1998 to 2013 by Ontario
Consultants on Religious Tolerance
Latest update: 2013-JUN-15
Author: B.A. Robinson
Sponsored link

|