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talktoolooseOntario Appeal Court rules in favour of same-sex marriage
Canadian Press
Toronto - 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.
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.
The British Columbia Court of Appeal said May 1 that governments
should recognize gay marriage when it overturned a British
Columbia 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 Cauchon 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.
Canadian Press
Toronto - 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.
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.
The British Columbia Court of Appeal said May 1 that governments
should recognize gay marriage when it overturned a British
Columbia 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 Cauchon 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.
