Same-sex marriage

Same-sex marriage in Canada

On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...

 in British Columbia

British Columbia

British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

became legal on July 8, 2003, becoming the second region in Canada to legalize same-sex marriage, behind Ontario, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licenses.

Canada became the fourth country in the world to legalize same-sex marriage with the passage of Bill C-38, the Civil Marriage Act

Civil Marriage Act

The Civil Marriage Act was legislation legalizing same-sex marriage across Canada...

, which made same-sex marriage legal in the remaining provinces of Alberta and Prince Edward Island and the remaining territories of Nunavut, the Northwest Territories.

Timeline

• October 2, 2001: British Columbia Supreme Court judge Ian Pitfield rules against gay couples seeking to get married saying it was not allowed under the Constitution. "Parliament may not enact legislation to change the legal meaning of marriage to include same-sex unions," he said. "I concur in the submission of the Attorney General of Canada that the core distinction between same-sex and opposite-sex relationships is so material in the Canadian context that no means exist by which to equate same-sex relationships to marriage while at the same time preserving the fundamental importance of marriage to the community." Judge Pitfield would be the sole judge in Canada to rule against same-sex couples.

• May 1, 2003: Justices of the British Columbia Court of Appeal rule 3-0 that denial of marriage
  Marriage
  Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
  
   licences to same-sex couples was a violation of the Canadian Charter of Rights and Freedoms
  Canadian Charter of Rights and Freedoms
  The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
  
  . "Gay rights have steadily expanded since homosexuality was made legal in Canada in 1969, and these developments have substantial public support, although the matter remains controversial," the Court wrote. "This evolution cannot be ignored. Civil marriage should adapt to contemporary notions of marriage as an institution in a society which recognizes the rights of homosexual persons to non-discriminatory treatment." The Court gave the Canadian Government until July 2, 2004, to change the definition of marriage so that it includes gays and lesbians, similar to the ruling in Ontario.

• June 10, 2003: The Ontario Court of Appeal, in a unanimous 3-0 upheld a lower court ruling which struck down the traditional definition of marriage. The lower court had given the federal government 2 years to comply with the ruling, but the Ontario Court of Appeal did not stay its decision and brought the ruling into force immediately.

• July 8, 2003: The British Columbia Court of Appeal issues another ruling, lifting the stay it had put on the government in its May decision. The Court said it was "satisfied" and noted the Ontario Court of Appeal ruling in its decision lifting the stay immediately. The ruling stated that "any further delay… will result in an unequal application of the law between Ontario and British Columbia."

• July 8, 2003: A few hours after the Court of Appeal ruling, Antony Porcino and Tom Graff became the first two men to be legally wed in British Columbia.

• June 15, 2005: A B.C. Supreme Court judge in Nanaimo granted British Columbia's first gay divorce.http://Vancouver.cbc.ca/regional/servlet/View?filename=bc_gay-divorce20050615 Although gay marriage had been legal in British Columbia for two years, the Divorce Act
  Divorce Act
  Canada's Divorce Act is the federal Act that governs divorce in that country. The Constitution of Canada has explicitly made marriage and divorce the realm of the federal government rather than of the provinces....
  
  still defined marriage as being between a man and a woman.

Facts & Figures

In 2003, there were 735 same-sex marriages in British Columbia. Of those 1470 married, more couples resided in the United States than in Canada.

Public Opinion Polls

A June 12-July 6, 2003 Environics Research poll finds a 53%-43% margin nationwide in favour of same-sex marriage. The poll concludes British Columbia shows one of the highest levels of support, but doesn't give a figure.

A December 14-January 5, 2005 Environics Research poll finds a 54%-43% margin nationwide in favour of same-sex marriage. 214 British Columbians were surveyed in the poll, and 60% of respondents said they were in favour of same-sex marriage, while 38% were opposed.

External links

• Same Sex Marriage in Canada
• Barbeau v. British Columbia (A.G.) 2003 BCCA 406 (Court of Appeal for BC 8 July 2003) - text of the ruling (canlii.ca)
• The Globe and Mail