24th June 2003, 12:52 PM
This story is a few weeks old but still, both storys are from cbc.ca
And the other day
I think this is a good step in recognizing that homosexuals are equal to heterosexuals.
I find it funny that Ralph Klien threatens to use the notwithstanding clause to stop this(the not withstanding clause can only be used by a province when a court rules one fo their peices of legislation unconstitutional) but marrige laws are governed by the federal government, while the provinces have to register the marriges they aren't the ones who can decide who can get married
Quote:Ontario men wed following court ruling
Last Updated Fri, 13 Jun 2003 14:50:14
TORONTO - In a landmark decision, Ontario's highest court Tuesday upheld a lower court decision to legally allow same-sex marriages.
"The existing common law definition of marriage violates the couple's equality rights on the basis of sexual orientation under (the charter)," read the 61-page decision.
The current definition of marriage is invalid and the laws must be changed, said the three judges. The court ordered Toronto city clerks to immediately begin issuing marriage licences.
Michael Stark and Michael Leshner
One of those licences was issued to Michael Leshner and Michael Stark only hours after the ruling. The two men were married in a Toronto ceremony attended by about 50 people.
Both men played a key role in the court case
Earlier, Lesher, a crown attorney said, "When we get married, we will have lit a match that hopefully illuminates the world."
"Today is the death of homophobia in the courtroom as we've known it," said Leshner.
"Absolute faith in Canadian values" helped him through the long court battle, said Leshner, who encouraged other countries to follow Ontario's lead.
Despite favourable reception in other provinces to the ruling, Alberta's premier said his province remained opposed to same-sex marriages.
"The law in Alberta is very clear, notwithstanding how some people might feel about it, it's very clear. It's as clear as crystal," said Ralph Klein.
"If there is any move to sanctify and legalize same-sex marriages, we will use the notwithstanding clause, period. End of story," he said.
Court offers new definition of marriage
The judgment follows a federal challenge to an earlier Ontario Divisional Court ruling. On July 12, 2002, the court ordered Parliament to alter its definition of marriage to include gay men and women.
According to the Divisional Court, the federal definition of marriage as a lawful and voluntary union between "one man and one woman" violated the Canadian Charter of Rights and Freedoms.
Ottawa appealed the ruling, arguing marriage is based on a universal concept of a union between one man and one woman.
But the Court of Appeal issued its own definition of a marriage: "the voluntary union for life of two persons to the exclusion of all others."
Prime Minister Jean Chrétien said federal Justice Minister Martin Cauchon is still studying the decision. Ottawa has the right to appeal the decision to the Supreme Court of Canada.
Members of gay rights advocacy group EGALE called on Ottawa to respect the ruling and not launch an appeal.
The case appeared before the court after several same-sex couples tried to apply for marriage licences from the City of Toronto.
Ontario now joins Quebec and British Columbia, where courts have held that denying same-sex marriages is unconstitutional.
If the court ruling stands, Ontario would be the first jurisdiction in North America to make gay marriage legal. Both Quebec and Vermont allow gay civil unions
And the other day
Quote:Ottawa to recognize same-sex marriages
Last Updated Wed, 18 Jun 2003 9:23:01
OTTAWA - Ottawa will introduce legislation to make same-sex marriages legal, while at the same time permitting churches and other religious groups to "sanctify marriage as they see it," the prime minister said Tuesday.
Jean Chrétien made the announcement after a day-long cabinet retreat. It means Ottawa will not appeal two provincial court rulings allowing same-sex unions.
"There is an evolution in society," Chrétien said, "but what is important to me is the freedom of the churches."
To pre-empt legal challenges by the provinces, Chrétien says the legislation will be first checked out by the Supreme Court of Canada. The prime minister says the legislation will be drafted within weeks, and MPs will be free to vote their conscience when the bill is introduced.
Courts in British Columbia and Quebec have made rulings in favour of same-sex marriages, but gave Ottawa time to change the law. Ontario's court ordered the definition of marriage to be changed to include gay couples.
Justice Minister Martin Cauchon says the provincial rulings highlighted conflicts between two fundamental freedoms: the right of association and religious rights. Cauchon says the new legislation will allow the two rights to "cohabitate."
I think this is a good step in recognizing that homosexuals are equal to heterosexuals.
I find it funny that Ralph Klien threatens to use the notwithstanding clause to stop this(the not withstanding clause can only be used by a province when a court rules one fo their peices of legislation unconstitutional) but marrige laws are governed by the federal government, while the provinces have to register the marriges they aren't the ones who can decide who can get married