Michael Hendricks and René Leboeuf
Encyclopedia
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
gay rights advocates, known for their advocacy of same-sex marriage in Canada
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...
. They were the first same-sex couple to be legally married in Quebec
Same-sex marriage in Quebec
On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B.C. courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately...
.
Background
Hendricks, originally from New JerseyNew Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, came to Canada as a draft dodger
Draft dodger
Draft evasion is a term that refers to an intentional failure to comply with the military conscription policies of the nation to which he or she is subject...
during the Vietnam War; he met Leboeuf, a native of Quebec City
Quebec City
Quebec , also Québec, Quebec City or Québec City is the capital of the Canadian province of Quebec and is located within the Capitale-Nationale region. It is the second most populous city in Quebec after Montreal, which is about to the southwest...
, at a New Year's party in the 1970s.
The couple began in 1996 to lead protests and parades seeking the right to marry.
Hendricks and Leboeuf v. Quebec
In November 2001, the couple brought suit against the government of QuebecQuebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
,
asserting that its refusal to perform 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....
violated 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...
. The case began on November 8.
On December 7 of that year, the Quebec government announced its intention to bring in legislation to create civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s to which same-sex couples would have access and which would afford a status equivalent to that of marriage. (The definition of marriage is a federal jurisdiction in Canada, but the provinces have authority over civil status, including the registry of marriage.) The bill was introduced on April 25, 2002, and passed on June 7.
Hendricks and Leboeuf v. Quebec continued, and on September 6, 2002, the Quebec Superior Court ruled that the limitation of marriage to opposite-sex couples violated the Charter. It declared that the laws preventing same-sex marriage would become inoperative in Quebec in two years' time, constraining the federal government to act within that time.
Although the federal government announced that it would appeal the decision and other legal decisions regarding same-sex marriage, those appeals were later dropped on the recommendation of the House of Commons Justice Committee, which had held travelling hearings on same-sex marriage.
On January 26, 2004, Hendricks and Leboeuf appealed against the decision of the court in their case, specifically the delay of two years, in view of the rulings that had implemented same-sex marriage immediately in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
and 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...
during the summer of 2003.
On March 19, the Quebec Court of Appeal struck down the delay and ruled that same-sex marriage licences be issued immediately.
Wedding
Same-sex marriage in the Netherlands
Same-sex marriage has been legal in the Netherlands since 1 April 2001...
. At the time of their wedding, they had been together for 31 years.