Same-sex marriage in Saskatchewan
Encyclopedia
Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....

 has recognized same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

, as of November 5, 2004.

On September 27, 2004, Saskatchewan Justice Minister Frank Quennell
Frank Quennell
Frank Quennell was a New Democratic Party MLA for Saskatoon Meewasin district, Saskatoon, Saskatchewan, Canada.- Biography :...

 told CBC News
CBC News
CBC News is the department within the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on CBC television, radio and online services...

 that neither he nor the province will take a stand on the issue of same-sex marriage.

Five same-sex couples appeared before Justice Donna Wilson on 3 November 2004, asking for a judgment requiring marriage licence issuers appointed by the provincial government to issue marriage licences to same-sex couples. Neither the federal nor provincial government challenged the suit.

"Greg Walen, lawyer for one of the couples, had filed a statement of claim seeking a declaratory judgment that the common-law definition of marriage be changed to include the wording 'two people to the exclusion of others,' rather than 'two people of the opposite sex.'"

On 5 November 2004, Justice Wilson ruled that the common-law opposite-sex definition of marriage violated the equality rights of same-sex couples under the Charter rights
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...

, and that "the common-law definition of marriage for civil purposes is declared to be 'the lawful union of two persons to the exclusion of all others.'"

The ruling was immediately brought into question in 2005. Orville Nichols, a 30-year marriage commissioner and devout Baptist, refused to marry a gay couple because it conflicted with his religious beliefs. The Saskatchewan Human Rights Tribunal ordered him to pay $2,500 in compensation to the couple. In 2009, the Saskatchewan Court of Queen's Bench
Court of Queen's Bench for Saskatchewan
The Court of Queen's Bench of Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court hears civil and criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear. It also has original jurisdiction...

 dismissed his appeal. The government followed by proposing legislation which would allow marriage commissioners to refuse for this reason. In January 2011, on a reference question
Reference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....

, the Saskatchewan Court of Appeal ruled that such a law was unconstitutional.

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