Canadian court backs same sex marriages - they're one step closer to being legalized in Canada

Canoe.ca (CP) ^ | June 10, 2003 | SB00

[SB00]

Court backs same-sex unions

By CASSANDRA SZKLARSKI

TORONTO (CP) -- The right to marry should be extended to same-sex couples, Ontario's Appeal Court ruled Tuesday in a decision that effectively deems Canadian law on traditional marriage unconstitutional.

"The existing common-law definition of marriage violates the couple's equality rights on the basis of sexual orientation under (the charter)," the 61-page written ruling said.

The court also declared the current definition invalid and demanded the law be changed. It ordered the clerk of the City of Toronto to issue marriage licences to the same-sex couples involved in the case.

"We're gettin' married in the morning," a jubilant Michael Leshner sang with his partner Michael Stark outside the courtroom.

Leshner, 55, is a Toronto Crown attorney who has been pushing for same-sex marriage for years. He and his long-time partner Stark, 45, planned to marry later Tuesday.

"Go tell Jean Chretien, it's dead," Leshner urged reporters.

"The argument's over. No more political discussion, we've won, the charter won, it's a great day for Canada."

The ruling came after a federal government lawyer argued that marriage is a universal concept based on the union of man and woman that cannot be extended to gay and lesbian couples.

Roslyn Levine, on behalf of the Attorney General of Canada, said the concept of marriage has always been based on two genders brought together, built on the ideals of children, permanency and fidelity.

Ottawa was challenging a controversial lower court ruling that said Canadian law is unconstitutional because it recognizes only opposite-sex unions. Common law defines marriage as "the union of one man and one woman" -- a violation of the equality section of the Charter of Rights and Freedoms, the divisional court said.

The court then gave the federal government two years to revamp its laws, in effect clearing the way for same-sex marriage.

Ontario's Appeal Court decision joins court rulings in British Columbia and Quebec that also back same-sex unions.

Ontario Premier Ernie Eves said Ontario won't be issuing licences to gay couples anytime soon, despite the ruling. He said he has no objection to same-sex marriages, but believes there are legal concerns about how children would be affected.

"What two people do in a relationship with each other is really none of anybody else's business," he said.

"Now there are other issues of course that are involved with that and some of them are fiscal or monetary and some of them involve children. Those are different matters."

Eves says it's up to the federal government to decide if same sex marriages should be legalized in Canada.

"You go back to the issue of which government really has constitutional responsibility for the legalization of marriages and I believe courts have ruled previously that that is the federal government," he said.

Heritage Minister Sheila Copps and federal leadership candidate said Ottawa should accept the ruling and not appeal it to the Supreme Court of Canada.

"You can't have a half equality," she said in Ottawa. "You can't say: 'Well, you're equal, but.'

"When you're speaking about equality you're talking about allowing people to exercise all rights under the law including all rights that are available to all others."

The B.C. Appeal Court said May 1 that governments should recognize gay marriage when it overturned a B.C. Supreme Court ruling that said marriage should be restricted to heterosexuals. It gave Ottawa until July 12, 2004 to change the law preventing gays and lesbians from marrying.

Justice Minister Martin Cauhon has until June 30 to ask the Supreme Court of Canada to review the B.C. ruling or the decision will stand.

A Quebec court has also backed same-sex marriage rights and asked Ottawa to re-examine marriage laws.

An all-party committee is drafting a much-anticipated report on how Parliament should handle the difficult social issue.

Polls indicate a slight majority of Canadians favour legalization of same-sex marriages.

[AntiGuv]

This will get appealed to the Supreme Court of Canada which will legalize same-sex marriages nationwide, and that will be the end of that in Canada.

[Dan from Michigan]

Does that mean a lot of people will leave Ferndale and Ann Arbor and go east? Woo Hoo!!!!!

[lilylangtree]

Canada and Maine legislators think alike. They're trying to legalize perversion.

[longtermmemmory]

but is this causing outrage in canada? or is there a news blackout on this there.

[Dilly]

but is this causing outrage in canada? or is there a news blackout on this there.

No news blackout, it's the top story on many canadian news websites:
http://www.globeandmail.com/
http://www.thestar.com

And since a majority of Canadians support same-sex marriage (read the last paragraph of the story), it's not likely to cause too much of an outrage.

[Loyalist]

If the churches have any courage, they should refuse to act as registrars of civil marriage if homosexual marriage is legalized.

If the state wants to usurp the definition of marriage, the churches should not grant their approval.

[IvanT]

They're trying to legalize perversion.

Are all gay men perverts?

[ohioman]

Anybody who supports same sex marriage is a detestable person.

[jimt]

"Canadian court repeals the law of gravity."

"Canadian court declares pi equal to exactly three."

"Canadian court declares laws of thermodynamics invalid."

"Canadian court backs human-animal marriages."

All of these make as much sense as their perversion of thousands of years of the definition of marriage. As much as their PC wishful thinking would like it to be, marriage doesn't mean two men, or two women, or a girl and her horse, or a man and his dog.

[rj45mis]

Are all gay men perverts?

They certainly are if they act on their desires.

[longtermmemmory]

Canada is for homosexual honeymoons?

its now canada with a "q"

[lilylangtree]

Gay men practice perverted sex as well as lesbian women. God made Adam and Eve not Adam and Steve.

[IvanT]

I actually don't give a crap what they do, as long as it's behind closed doors, it's none of my business. It's their problem if they want/desire/need to do that, not mine.

[IvanT]

Gay men practice perverted sex as well as lesbian women.

So do some straight people, what should we do with them?

God made Adam and Eve not Adam and Steve.

Yes he did, and some of them went weird and now participate in homosexual relationships. As I said, none of my business as long as they keep it to themselves and don't bother other people with it and prey on young people or children.

[TheAngryClam]

Prepare to suffer the wrath of many Christians who consider the Bible literal, even when it contains conflicting stories, and who consider Old Testament law (from Leviticus and Deuteronomy) to be morally applicable, except when it isn't (e.g. I have yet to meet people who formally observe all the laws in those books, but they still universally use them to support their arguments).

I agree, what other people want to do is no business of mine, or of the government's.

[what's up]

The problem is, when you have legalized gay marriage, the taxpayer then has to pick up the tab for their divorce problems, their social problems gained when they adopt children, etc.

They can act as they want behind closed doors, but when their unions become civil unions, it's a burden on all of us.

[WOSG]

I actually don't give a crap what they do, as long as it's behind closed doors, it's none of my business. It's their problem if they want/desire/need to do that, not mine."

If people felt that way about capitalism between consenting adults, most of the world's problems would be solved and Socialists would be no more. As it is, Canada is not advancing freedom but merely deconstructing families. It is offensive that the misread the charter to abolish rightful law in so many areas - this is just one more case of the Judges acting as Ayatollahs (just like in Iran) and *really* running the country despite what the legislatures do. And most of those advancing the end of sexual moralism are moral prigs on all other matters and great enemies of freedom (aka Socialist Leftist Radical Loonies). Oh the irony.

[lilylangtree]

Funny!