On July 20, 2005, Canada became the fourth country in the world and the first country in the
AmericasThe Americas, or America, are lands in the Western hemisphere or New World, comprising the continents of North America and South America with their associated islands and regions. America may be ambiguous in English, as it is more commonly used to refer to the United States of America...
to legalize
same-sex marriage nationwide with the enactment of the
Civil Marriage ActThe Civil Marriage Act was legislation legalizing same-sex marriage in Canada. It was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. It passed the House of Commons on June 28, 2005, and the Senate on July 19, 2005...
. Court decisions, starting in 2003, each already legalized
same-sex marriageSame-sex marriage is a term used to describe a legally or socially recognized marriage between two persons of the same biological sex or social gender. Other terms used to describe this type of recognition include gay marriage or gender-neutral marriage.Same-sex marriage is a civil rights,...
in eight out of ten
provincesThe provinces and territories of Canada combine to make up the world's second largest country. The major difference between a Canadian province and a territory is that provinces are jurisdictions that receive their power and authority directly from the Constitution Act, 1867, whereas territories...
and one of three territories, whose residents comprised about 90% of
CanadaCanada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean...
's population. Before passage of the Act, more than 3,000 same-sex couples had already married in these areas. Most legal benefits commonly associated with
marriageMarriage is a social union or legal contract between individuals that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged by a variety of ways, depending on the culture or demographic...
had been extended to cohabiting same-sex couples since 1999.
The
Civil Marriage ActThe Civil Marriage Act was legislation legalizing same-sex marriage in Canada. It was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. It passed the House of Commons on June 28, 2005, and the Senate on July 19, 2005...
was introduced by Prime Minister
Paul Martin'sPaul Edgar Philippe Martin, PC is a Canadian politician who was the Prime Minister of Canada, as well as leader of the Liberal Party of Canada....
LiberalThe Liberal Party of Canada , colloquially known as the Grits, is a major political party in Canada. The party sits between the centre-left and centre of the Canadian political spectrum. The party currently forms the Official Opposition in the Parliament of Canada since the 2006 federal election...
government in the
Canadian House of CommonsThe House of Commons is a component of the Parliament of Canada, along with the Sovereign and the Senate.
The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament .
Members are elected by simple...
on February 1, 2005 as Bill C-38. It was passed by the House of Commons on June 28, 2005, by the
SenateThe Senate of Canada is a component of the Parliament of Canada, along with the sovereign and the House of Commons. The Senate consists of 105 members appointed by the Governor General on the advice of the prime minister...
on July 19, 2005, and it received
Royal AssentThe granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. While the power to withhold Royal Assent was once exercised often, it is exceedingly rare in the modern, democratic...
the following day. On December 7, 2006, the House of Commons effectively reaffirmed the legislation by a vote of 175 to 123, defeating a Conservative government motion to examine the matter again. This was the third vote supporting same-sex marriage taken by three Parliaments under three Prime Ministers in three different years.
Same-sex marriage by province
Same-sex marriage was legally recognized in the provinces and territories as of the following dates:
- 10 June 2003: Ontario
The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001....
- 8 July 2003: British Columbia
Same-sex marriage in British Columbia became legal on July 8th, 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...
- 16 March 2004: 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...
- 14 July 2004: Yukon
Same-sex marriage in Yukon began on July 14, 2004, when Yukon Territory became the fourth jurisdiction in Canada to legalize same-sex marriage, after the provinces of Ontario, British Columbia, and Quebec....
territory
- 16 September 2004: Manitoba
Same-sex marriage in Manitoba began on September 16, 2004, when Manitoba became the fifth jurisdiction in Canada to legalize same-sex marriage, after the provinces of Ontario, British Columbia, and Quebec, and Yukon Territory....
- 24 September 2004: Nova Scotia
Same-sex marriage in Nova Scotia dates from August 2004, when three couples in Nova Scotia brought the suit Boutilier et al. v. Canada and Nova Scotia against the provincial and federal governments requesting that it issue same-sex marriage licences...
- 5 November 2004: Saskatchewan
Saskatchewan has recognized same-sex marriage, as of November 5, 2004.On September 27, 2004, Saskatchewan Justice Minister Frank Quennell told CBC News that neither he nor the province will take a stand on the issue of same-sex marriage....
- 21 December 2004: Newfoundland and Labrador
Same-sex marriage in Newfoundland and Labrador: Newfoundland and Labrador has issued marriage licences to same-sex couples since December 21, 2004....
- 23 June 2005: New Brunswick
Same-sex marriage in New Brunswick: The province of New Brunswick began issuing marriage licences to same-sex couples on July 4, 2005, pursuant to a June 23 court ruling.-Background:...
- 20 July 2005 (Civil Marriage Act): Alberta
Same-sex marriage in Alberta:The province of Alberta began granting marriage licences to same-sex couples on July 20, 2005 upon the granting of Royal Assent to the federal Civil Marriage Act....
, Prince Edward IslandThe Canadian province of Prince Edward Island began the process of updating its laws to recognize same-sex marriage after the passage in the House of Commons of Bill C-38, the Civil Marriage Act, the federal law recognizing same-sex marriage...
, NunavutNunavut Territory began granting marriage licences to same-sex couples upon the passage of the federal Civil Marriage Act on July 20, 2005.On 30 October 2003, Premier Paul Okalik made the following statement:...
territory, and the Northwest TerritoriesSame-sex marriage in the Northwest Territories: The Northwest Territories began granting marriage licences to same-sex couples on July 20, 2005 upon the granting of Royal Assent to the Civil Marriage Act....
Note that in some of these cases, the marriage was in fact legal at an earlier date (for example, the Ontario ruling held that marriages performed in January 2001 were legal when performed), but the legality was questioned. As of the given dates, the legality was authoritatively established.
The decision by the Ontario government to recognize the marriage that took place in Toronto, Ontario on January 14, 2001, makes Canada the first country in the world to have a same-sex marriage (Netherlands, April 2001 and Belgium January 2003.)
Overview
Same-sex marriage was originally legalized as a result of court cases in which provincial or territorial justices ruled existing bans on same-sex marriage unconstitutional. Thereafter, many gay and lesbian couples obtained marriage licences in those provinces; like opposite-sex couples, they did not need to be residents of any of those provinces to marry there.
The status of marriages for same-sex couples created in these jurisdictions existed in somewhat of an interim
legal capacityThe capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will...
. According to the
Constitution of CanadaThe Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions...
, the definition of marriage is the exclusive responsibility of the federal government—this interpretation was upheld by a December 9, 2004 opinion of the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
(
Re Same-Sex MarriageReference re Same-Sex Marriage [2004] 3 S.C.R. 698, 2004 SCC 79, was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada...
). Until July 20, 2005, the federal government had not yet passed a law redefining marriage to conform to recent provincial court decisions. Until the passage of Bill C-38, the previous definition of marriage was binding in the four jurisdictions where courts had not yet ruled it unconstitutional, but void in the nine jurisdictions where it had been successfully challenged. Given the Supreme Court ruling, the role of precedent in
Canadian lawThe Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the United Kingdom and later a member of the Commonwealth of Nations. Quebec, however, still retains a civil system for issues of private law...
, and the overall legal climate, it would have been highly unusual for any challenges in the remaining four jurisdictions not to result in the legalization of marriage between same-sex individuals there as well. Indeed, federal lawyers had ceased to contest such cases and only the
AlbertaAlberta is one of Canada's prairie provinces. It became a province on September 1, 1905.Alberta is located in western Canada, bounded by the provinces of British Columbia to the west and Saskatchewan to the east, the Northwest Territories to the north, and the U.S. state of Montana to the south....
provincial government remained officially opposed, threatening to invoke the
notwithstanding clauseSection Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter.-Text:The...
of the
Canadian Charter of Rights and FreedomsThe 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...
, which many law experts argued would not have actually worked.
Ralph KleinRalph Phillip Klein is a former Premier of Alberta. He served as leader of the Alberta Progressive Conservatives from 1992 until his retirement in 2006. His tenure as premier ended when the Alberta Progressive Conservatives' new leader, Ed Stelmach, assumed office December 14, 2006, exactly...
, former premier of Alberta, later recanted, and Alberta now allows same-sex marriage providing no government officials or marriage commissioners who oppose same-sex marriage are forced to perform them.
Bill C-38, introduced on February 1, 2005, by
Justice MinisterThe Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada.This cabinet position is usually reserved for someone with formal legal training...
Irwin CotlerIrwin Cotler, PC, OC, MP was Canada's Minister of Justice and Attorney General of Canada from 2003 until the Liberal government of Paul Martin lost power following the 2006 federal election. He was first elected to the Canadian House of Commons for the constituency of Mount Royal in a by-election...
, legalized across Canada marriage between persons of the same sex. Although supported by the Martin government, it was subjected to a free vote by
backbenchIn Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
MPs in the House of Commons. Defeat of the bill in Parliament would have continued the status quo, and incremental legalization on a jurisdiction-by-jurisdiction basis would likely have continued via court challenges. This trend could have been reversed only through Parliament passing a new law that explicitly restricted marriage to opposite sex couples
notwithstandingSection Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter.-Text:The...
the protection of
equality rightsSocial equality is a social state of affairs in which all people within a specific society or isolated group have the same status in a certain respect. At the very least, social equality includes equal rights under the law, such as security, voting rights, freedom of speech and assembly, and the...
afforded by the
Canadian Charter of Rights and FreedomsThe 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...
, or by amending the Canadian
constitutionThe Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions...
by inserting the clause "marriage is defined as being between a man and a woman", as was recommended by several conservative groups and politicians. Given the composition of the House of Commons at the time, the passage of such a measure would have been very unlikely. Alberta Premier
Ralph KleinRalph Phillip Klein is a former Premier of Alberta. He served as leader of the Alberta Progressive Conservatives from 1992 until his retirement in 2006. His tenure as premier ended when the Alberta Progressive Conservatives' new leader, Ed Stelmach, assumed office December 14, 2006, exactly...
proposed putting the question to the public at large via a national referendum, but this was rejected by all four party leaders.
A draft of what would become Bill C-38 was released on July 17, 2003, by the Minister of Justice,
Martin CauchonMartin Cauchon, PC is a Canadian politician and former Liberal Party of Canada cabinet minister.Cauchon was born in La Malbaie, Quebec and studied law at the University of Ottawa and the University of Exeter...
. Prior to its introduction, he submitted the bill as a
referenceIn Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
to the Supreme Court, asking the court to rule on whether limiting marriage to heterosexual couples is consistent with the Canadian Charter of Rights and Freedoms and if same-sex
civil unionA civil union is a legally recognized union 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 with rights, benefits, and responsibilities similar to opposite-sex...
s are an acceptable alternative. On December 9, 2004, the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
ruled that the marriage of same-sex couples is constitutional, that the federal government has the sole authority to amend the definition of marriage, and the Charter's protection of
freedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
grants religious institutions the right not to perform the marriage ceremonies of same-sex couples if they so choose.
Background
In 1999, the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
ruled in
M. v. H.M. v. H. [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of same-sex couples to equal treatment under the Constitution of Canada....
[1999] 2 S.C.R. 3 that same-sex couples in Canada were entitled to receive many of the financial and legal benefits commonly associated with marriage. However this decision stopped short of giving them the right to full legal marriage. Most laws which affect couples are within provincial rather than federal jurisdiction. As a result, rights varied somewhat from province to province.
In 2002 and 2003, court decisions in the federal courts of three provinces then required the federal government to implement full same-sex marriage within the next two years:
- in Ontario
Ontario is a province located in east-central Canada, the largest by population and second largest, after Quebec, in total area. Ontario is bordered by the Canadian provinces of Manitoba to the west and Quebec to the east, and 5 U.S...
: Halpern et al. v. Canada (Ontario Superior Court, July 12, 2002)
- in Quebec
Quebec is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking identity and the only one whose sole official language is French at the provincial level....
: Hendricks v. Quebec (Quebec Superior Court, September 6, 2002)
- in British Columbia
British Columbia is the westernmost of Canada's provinces and is famed for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . In 1871, it became the sixth province of Canada.The capital of British Columbia is Victoria, the 15th largest metropolitan region in Canada...
: Barbeau v. British Columbia 2003 BCCA 251 (Court of Appeal for BC, May 1, 2003)
The federal Liberal government had sought leave to appeal the constitutionality of these rulings to the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
, though as above the government in June 2003 indicated that they would stop appealing.
Ontario decision
In 2003, the couples in
Halpern v. Canada appealed the decision, requesting that the decision take effect immediately instead of after a delay. On 10 June 2003, the Court of Appeal for Ontario confirmed that current Canadian law on marriage violated the equality provisions in the Canadian Charter of Rights and Freedoms in being restricted to heterosexual couples. The court did not allow the province any grace time to bring its laws in line with the ruling, making Ontario the first jurisdiction in North America to recognize same-sex marriage. The first same-sex couple married after the decision were
Michael Leshner and Michael StarkThe Michaels is a public name used to refer to the duo of Michael Stark and Michael Leshner. They were the men who in 2003 entered into the first civil same-sex marriage in Canada, and were consequently named the Canadian Newsmakers of the Year by Time magazine.-Background:Leshner is a Jewish...
. Consequently, the City of
TorontoToronto is the most populous city in Canada and the provincial capital of Ontario. It is located in Southern Ontario on the northwestern shore of Lake Ontario. With over 2.5 million residents, it is the fifth most populous municipality in North America...
announced that the city clerk would begin issuing marriage licences to same-sex couples. The next day, the
Ontario attorney generalThe Attorney General of Ontario is a senior member of the Executive Council of Ontario and governs the Ministry of the Attorney General of Ontario - the department responsible for the oversight of the justice system within the province. The Attorney General is an elected Member of Provincial...
announced that his government would comply with the ruling.
The court also ruled that two couples who had previously had a wedding ceremony in the
Metropolitan Community Church of TorontoThe Metropolitan Community Church of Toronto is a congregation of the worldwide Metropolitan Community Church movement located in Toronto, Ontario, Canada and is an welcoming congregation openly affirming lesbian, gay, bisexual and transgender people...
using an ancient common-law procedure called the reading of the
bannThe banns of marriage, commonly known simply as "the banns" , are the public announcement in a Christian parish church that a marriage is going to take place between two specified persons...
s would be considered legally married.
On September 13, 2004, the Ontario Court of Appeal declared the Divorce Act also unconstitutional for excluding same-sex marriages. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to
divorceDivorce or dissolution of marriage is the final termination of a marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons...
.
British Columbia decision
A ruling, quite similar to the Ontario ruling, was issued by the B.C. Court of Appeal on 8 July 2003. Another decision in B.C. in May of that year had required the federal government to change the law to permit same-sex marriages (see above). The July ruling stated that "any further delay... will result in an unequal application of the law between Ontario and British Columbia". A few hours after the announcement, Antony Porcino and Tom Graff became the first two men to be legally wed in British Columbia.
Quebec decision
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. The couple who brought the suit,
Michael Hendricks and René LeboeufMichael Hendricks and René Leboeuf are Canadian gay rights advocates, known for their advocacy of same-sex marriage in Canada. They were the first same-sex couple to be legally married in Quebec....
, immediately sought a marriage licence; the usual 20-day waiting period was waived, and they were wed on April 1 at the
Palais de justice de MontréalThe Palais de justice de Montréal at 1 Notre-Dame Street East in Montreal, Quebec, Canada was completed in 1971. Though located in the Old Montreal historic district, it is a modernist structure, featuring the outdoor sculpture Allegrocube. The black metal and granite building is adjacent to the...
.
Given the populations of Ontario, British Columbia, and Quebec, more than two-thirds of Canada's population lived in provinces where same-sex marriage had been legalized after the Quebec decision.
Yukon decision
On July 14, 2004, in
Dunbar & Edge v. Yukon (Government of) & Canada (A.G.), 2004 YKSC 54, the Yukon Territorial Supreme Court issued another similar ruling with immediate effect. Rather than reproducing the Charter equality arguments used by the other courts, the Court ruled that since the provincial courts of appeal had ruled that the heterosexual definition of marriage was unconstitutional, it was unconstitutional across Canada. The position was strengthened by the Attorney General's refusal to appeal those rulings. It further ruled that to continue to restrict marriages in Yukon to opposite-sex couples would result in an unacceptable state of a provision's being in force in one jurisdiction and not another.
On August 16, 2004, federal justice minister Irwin Cotler indicated that the federal government would no longer resist court cases to implement same-sex marriage in the provinces or territories.
Manitoba decision
On September 16, 2004, Justice Douglas Yard of the Manitoba Court of Queen's Bench declared the then-current definition of marriage unconstitutional. The judge said that his decision had been influenced by the previous decisions in B.C., Ontario, and Quebec. This decision followed suits brought by three couples in
ManitobaManitoba is a prairie province in Canada and has an area of . Manitoba is bordered by the provinces of Ontario to the east and Saskatchewan to the west, the territory of Nunavut to the north, and the U.S. states of North Dakota and Minnesota to the south...
requesting that they be issued marriage licences. Both the provincial and federal governments had made it known that they would not oppose the court bid. One of the couples, Chris Vogel and Richard North, had legally sought marriage in a high-profile case in 1974 but had been denied.
Nova Scotia decision
In August 2004, three couples in
Nova ScotiaNova Scotia is a Canadian province located on Canada's southeastern coast. It is the most populous province in Atlantic Canada. Its capital, Halifax, is a major economic centre of the region. Nova Scotia is the second-smallest province in Canada with an area of...
brought suit in
Boutilier v. Canada (A.G) and Nova Scotia (A.G) against the provincial government requesting that it issue same-sex marriage licences. On September 24, 2004, Justice Heather Robertson of the
Nova Scotia Supreme CourtThe Nova Scotia Supreme Court is a superior court in the province of Nova Scotia.The Court comprises the Chief Justice , the Associate Chief justice, twenty-one judges and six supernumerary Justices, who sit in 18 different locations around the province.-Jurisdiction:As with all superior courts...
ruled the then-current law unconstitutional. Neither the federal nor the provincial governments opposed the ruling.
Saskatchewan decision
Two couples brought suit in
SaskatchewanSaskatchewan is a prairie province in Canada, which has an area of and a population of 1,023,810 , mostly living in the southern half of the province. Of these, 233,923 live in the province's largest city, Saskatoon, while 194,971 live in the provincial capital, Regina...
for the recognition of their marriage in a case that went to trial in mid-October 2004. On 5 November 2004, the judge ruled that a Charter right to same-sex marriage existed and that the common-law definition was discriminatory, thereby bringing same-sex marriage to Saskatchewan.
Newfoundland and Labrador decision
Two lesbian couples brought suit on November 4 to have
Newfoundland and LabradorNewfoundland and Labrador is a province of Canada on the country's Atlantic coast in northeastern North America. This easternmost Canadian province comprises two main parts: the island of Newfoundland off the country's eastern coast, and Labrador on the mainland to the northwest of the island.A...
recognize same-sex marriage. As with the previous decisions, the provincial government did not oppose the suit; moreover, the federal government actually supported it. The case went to trial on December 20 and the next day, Mr. Justice Derek Green ordered the provincial government to begin issuing marriage licences to same-sex couples, an order with which the provincial government announced it would comply.
New Brunswick decision
Two same-sex couples brought suit in April 2005 to request an order requiring the government of New Brunswick to issue same-sex marriage licences. This was granted in June 2005.
The Progressive Conservative
premier of New BrunswickThe Premier of New Brunswick is the first minister for the Canadian province of New Brunswick. They are the province's head of government and de facto chief executive....
,
Bernard LordBernard Lord, ONB is a Canadian politician and lobbyist. Lord served as Premier of New Brunswick from 1999 to 2006.-Early life:...
, who personally opposed same-sex marriage, pledged to follow a directive to provide for same-sex marriages from the courts or from Parliament.
Proceedings in the Northwest Territories
On May 20, 2005, a gay male couple with a daughter brought suit in the Northwest Territories for the right to marry. The territorial justice minister,
Charles DentCharles Dent may refer to:* Charlie Dent , American politician* John Charles Dent , Canadian author and journalist* Charles Dent , Northwest Territories politician* Charles E. Dent , physician and biochemist...
, had previously said that the government would not contest such a lawsuit. The case was to be heard on May 27 but ended when the federal government legalized same-sex marriage.
Discussion in Parliament, 1999–2003
The shift in Canadian attitudes towards acceptance of same-sex marriage and recent court rulings have caused the
Parliament of CanadaThe Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch represented by her Governor General the Senate, and the House of Commons, each element having its own officers and...
to reverse its position on the issue in recent years.
One recent study by Mark W. Lehman suggests that between 1997 and 2004, Canadian public opinion on legalizing same-sex marriage underwent a dramatic shift: moving from minority-support to majority support and that this support was the result of a significant shift in positive feelings towards
gays and lesbiansSexuality and gender identity-based cultures are subcultures and communities composed of persons who have shared experiences, background, or interests due to a common sexual or gender identity. Among the first to argue that members of sexual minorities can constitute cultural minorities as well as...
.
In 1999, the House of Commons overwhelmingly passed a resolution to re-affirm the definition of marriage as "the union of one man and one woman to the exclusion of all others". The following year this definition of marriage was included in the revised Bill C-23, the Modernization of Benefits and Obligations Act 2000, which continued to bar same-sex couples from full marriage rights.
In early 2003, the issue once again resurfaced, and the House of Commons Standing Committee on Justice and
Human RightsHuman rights refer to the "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the...
proceeded to undertake a formal study of same-sex marriage, including a cross-country series of public hearings. Just after the Ontario court decision, it voted to recommend that the federal government not appeal the ruling.
Civil status is of provincial jurisdiction in Canada. However, the definition of marriage is a federal law. On June 17, 2003, then Prime Minister Chrétien announced that the government would not appeal the Ontario ruling, and that his government would introduce legislation to recognize same-sex marriage but protect the rights of churches to decide which marriages they would solemnize.
A draft of the bill was issued on 17 July. It read:
- 1. Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.
- 2. Nothing in this Act affects the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs.
The draft bill was subsequently referred to the Supreme Court; see below.
On 16 September 2003, a motion was brought to Parliament by the
Canadian AllianceThe Canadian Alliance , formally the Canadian Reform Conservative Alliance , was a Canadian conservative political party that existed from 2000 to 2003...
(now the Conservative Party) to once again reaffirm the heterosexual definition of marriage. The same language that had been passed in 1999 was brought to a free vote, with members asked to vote for or against the 1999 definition of marriage as "the union of one man and one woman to the exclusion of all others." Motions are not legislatively binding in Canada, and are mostly done for symbolic purposes. The September vote was extremely divisive, however. Prime Minister Chrétien reversed his previous stance and voted against the motion, as did
Paul MartinPaul Edgar Philippe Martin, PC is a Canadian politician who was the Prime Minister of Canada, as well as leader of the Liberal Party of Canada....
(who later became Prime Minister) and many other prominent Liberals. Several Liberals retained their original stance, however, and thus the vote was not defined purely along party lines. Controversially, over 30 members of the House did not attend the vote, the majority of whom were Liberals who had voted against legalizing same-sex marriage in 1999. It was speculated that they had ignored the vote on the wishes of Chrétien, who did not want to have the symbolic importance of the moment undermined by his own party. In the end, the motion was narrowly rejected by a vote of 137-132.
Supreme Court Reference re Same-Sex Marriage
In 2003, the Liberal government referred a draft bill on same-sex marriage to the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
, essentially asking it to review the bill's constitutionality before it is introduced. The
referenceIn Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
as originally posed by Prime Minister Chrétien asked three questions:
- 1. Is the annexed Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes within the exclusive legislative authority of the Parliament of Canada? If not, in what particular or particulars, and to what extent?
- 2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars, and to what extent?
- 3. Does the freedom of religion guaranteed by paragraph 2(a) of the Canadian Charter of Rights and Freedoms protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?
Prime Minister
Paul MartinPaul Edgar Philippe Martin, PC is a Canadian politician who was the Prime Minister of Canada, as well as leader of the Liberal Party of Canada....
later added a fourth in January 2004:
- 4. Is the opposite-sex requirement for marriage for civil purposes, as established by the common law and set out for Quebec in s. 5 of the Federal Law-Civil Law Harmonization Act, No. 1, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent?
The addition of a fourth question considerably delayed the opening of the court reference until well after the June 2004 general election, raising accusations of stalling. The consultative process was held in the autumn of 2004.
In its hearings that began in October 2004, the Supreme Court of Canada accused the government of using the court for other goals when the Government declined to appeal rulings that altered the definition of marriage in several provinces.
"Justice Ian Binnie said it 'may not fulfil any useful purpose' to examine traditional marriage all over again, 'given the policy decision of the government'".
The Supreme Court of Canada ruled that the government has the authority to amend the definition of marriage, but did not rule on whether or not such a change is required by the equality provisions of the
Canadian Charter of Rights and FreedomsThe 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 Court stated that such a ruling is not necessary because the federal government had accepted the rulings of provincial courts to the effect that the change was required. The Court also ruled that given freedom of religion in the Charter of Rights, and wording of provincial human rights codes, it was highly unlikely that religious institutions could be compelled to perform same-sex marriages, though because solemnization of marriage is a matter for provincial governments, the proposed Bill could not actually guarantee such a protection.
Debate prior to C-38's introduction
On December 9, 2004, Prime Minister Paul Martin indicated that the federal government would introduce legislation expanding marriage to same-sex couples. The government's decision was announced immediately following the court's answer in the
Reference re: Same-Sex Marriage reference question.
The Parliamentary bill caused rifts in the House of Commons, especially among the governing
LiberalsThe Liberal Party of Canada , colloquially known as the Grits, is a major political party in Canada. The party sits between the centre-left and centre of the Canadian political spectrum. The party currently forms the Official Opposition in the Parliament of Canada since the 2006 federal election...
. Many Liberal MPs indicated that they would oppose the government's position in favour of same-sex marriage at a free vote. The majority of each of the Liberal Party, New Democratic Party, and Bloc Québécois voted in favour of the bill; the majority of the Conservative Party voted against the bill.
In 2000,
AlbertaAlberta is one of Canada's prairie provinces. It became a province on September 1, 1905.Alberta is located in western Canada, bounded by the provinces of British Columbia to the west and Saskatchewan to the east, the Northwest Territories to the north, and the U.S. state of Montana to the south....
had amended its Marriage Act to define marriage as being between a man and a woman. The law included a
notwithstanding clauseSection Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter.-Text:The...
in an attempt to protect the amendment from being invalidated under the Charter. However, the amendment was invalid since, under the
Canadian constitutionThe Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions...
, the definition of marriage is a federal right.
Complicating matters, Conservative Party leader
Stephen HarperStephen Joseph Harper, PC, MP is the 22nd and current Prime Minister of Canada, and leader of the Conservative Party. Harper became Prime Minister after his party won a minority government in the January 2006 federal election...
indicated that a Tory government would work to restore the prohibition on same-sex marriage if Parliament voted to do so in a free vote.
Following the court decision on December 9, Premier Klein suggested that a national
referendumA referendum , ballot question, or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal...
be held on same-sex marriage, a measure Prime Minister Martin rejected.
Legislative progress of the Civil Marriage Act
Bill C-38, the Civil Marriage Act, was introduced to Parliament for its first reading in the House on February 1, 2005. Prime Minister Martin launched the debate on February 16.
The bill passed second reading on May 4 and third reading on June 28, with votes of 164-137 and 158-133, respectively. It then moved to the
SenateThe Senate of Canada is a component of the Parliament of Canada, along with the sovereign and the House of Commons. The Senate consists of 105 members appointed by the Governor General on the advice of the prime minister...
, and received its first reading on June 29. Debate was launched on July 4, and a Liberal
closureIn parliamentary procedure, cloture , also called closure and sometimes a guillotine, is a motion or process aimed at bringing debate to a quick end....
motion limited debate on the bill to only four hours. Second reading and committing the bill occurred on July 6, with a vote of 43-12. The Senate passed Bill C-38 on third reading by a margin of 47 to 21 on July 19, 2005. It received Royal Assent, at the hand of the Rt. Hon.
Beverley McLachlinBeverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold that position.-Early life:Born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Ernest Gietz and Eleanora Kruschell, she received a BA and a MA degree in philosophy and an LL.B degree Beverley McLachlin, PC...
(in her capacity as the
Deputy Governor GeneralA Deputy of the Governor General is, per the Constitution Act, 1867, one of any individuals appointed by the Governor General of Canada with the Canadian monarch's consent to act as the viceroy's steward in his or her stead, exercising any powers so delegated to them...
), on July 20, 2005.
Same-sex marriage in the 39th Parliament
The
Conservative PartyThe Conservative Party of Canada , colloquially known as the Tories, is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. The party is positioned on the right of the Canadian political spectrum...
, led by
Stephen HarperStephen Joseph Harper, PC, MP is the 22nd and current Prime Minister of Canada, and leader of the Conservative Party. Harper became Prime Minister after his party won a minority government in the January 2006 federal election...
, won a
minority governmentA minority government or a minority cabinet is a cabinet of a parliamentary system formed when the governing political party or coalition of parties does not have a majority of overall seats in the parliament. It is also known as a hung parliament...
in the
2006 federal electionThe 2006 Canadian federal election was held on January 23, 2006, to elect members of the Canadian House of Commons of the 39th Parliament of Canada. The Conservative Party of Canada won the greatest number of seats: 40.3% of seats, or 124 out of 308, up from 99 seats in 2004, and 36.3% of votes:...
. Harper had campaigned on the promise of holding a
free voteA conscience vote or free vote is a type of vote in a legislative body where legislators are each expected to vote according to their own personal conscience rather than according to an official line set down by their political party....
on a motion regarding restoring the traditional definition of marriage. If the motion were to pass, the government would draft a bill to restore the "traditional" definition of marriage. This bill would then have to be passed by the House of Commons and the then
LiberalThe Liberal Party of Canada , colloquially known as the Grits, is a major political party in Canada. The party sits between the centre-left and centre of the Canadian political spectrum. The party currently forms the Official Opposition in the Parliament of Canada since the 2006 federal election...
-dominated
SenateThe Senate of Canada is a component of the Parliament of Canada, along with the sovereign and the House of Commons. The Senate consists of 105 members appointed by the Governor General on the advice of the prime minister...
. The Senate traditionally does not vote against bills that have been approved by the House of Commons.
A news report from CTV on May 31, 2006, showed that a growing number of Conservatives were wary about re-opening the debate over same-sex marriage. One cabinet minister stated he just wanted the issue "to go away", while others including Chuck Strahl and Bill Casey were undecided, instead of directly opposed. Peter MacKay noted that not a single constituent had approached him on the issue, and Tory Cabinet Minister Conservative MP Loyola Hearn was against re-opening the debate. On June 2, 2006, Prime Minister Stephen Harper was asked by a reporter about the issue while he was in Montreal. He responded that the vote on whether or not to open up debate over same-sex marriage would take place sometime in the fall.
On December 6, 2006, the government brought in a motion asking if the issue of same-sex marriage should be re-opened to support the traditional definition of marriage. This motion was defeated the next day in a vote of 175 (nays) to 123 (yeas). Prime Minister
Stephen HarperStephen Joseph Harper, PC, MP is the 22nd and current Prime Minister of Canada, and leader of the Conservative Party. Harper became Prime Minister after his party won a minority government in the January 2006 federal election...
afterwards told reporters that he "[didn't] see reopening this question in the future".
Statistics on same-sex marriage
From June 2003 (date of the first legal same-sex marriages in Ontario) to October 2006, there were 12,438 same-sex marriages contracted in Canada.
| Province |
Date of legalization |
Number of same-sex marriages |
| Ontario |
June 10, 2003 |
6,524 |
| British Columbia |
July 8, 2003 |
3,927 |
| Quebec |
March 19, 2004 |
947 |
| Alberta |
July 20, 2005 |
409 |
| Nova Scotia |
September 24, 2004 |
273 |
| Manitoba |
September 16, 2004 |
193 |
| Saskatchewan |
November 5, 2004 |
83 |
| New Brunswick |
June 23, 2005 |
44 |
| Newfoundland and Labrador |
December 21, 2004 |
14 |
| Yukon |
July 14, 2004 |
13 |
| Prince Edward Island |
July 20, 2005 |
8 |
| Northwest Territories |
July 20, 2005 |
2 |
| Nunavut |
July 20, 2005 |
1 |
Other kinds of partnership
As mentioned above, Canadian cohabiting same-sex couples are entitled to many of the same legal and financial benefits as married opposite-sex couples. In 1999, after the court case
M. v. H.M. v. H. [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of same-sex couples to equal treatment under the Constitution of Canada....
, the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
declared that
same-sex partnersSame-sex marriage is a term used to describe a legally or socially recognized marriage between two persons of the same biological sex or social gender. Other terms used to describe this type of recognition include gay marriage or gender-neutral marriage.Same-sex marriage is a civil rights,...
must also be extended the rights and benefits of common-law relationships.
The province of
QuebecQuebec is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking identity and the only one whose sole official language is French at the provincial level....
also offers
civil unionA civil union is a legally recognized union 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 with rights, benefits, and responsibilities similar to opposite-sex...
s to same-sex partners.
Nova ScotiaNova Scotia is a Canadian province located on Canada's southeastern coast. It is the most populous province in Atlantic Canada. Its capital, Halifax, is a major economic centre of the region. Nova Scotia is the second-smallest province in Canada with an area of...
's
Domestic partnershipA domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
s offer similar benefits. Legislative changes in 2001-2004 extended the benefits of
common-law relationships in ManitobaCommon-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to...
to same-sex couples as well as those of different sex.
In 2003, Alberta passed a law recognizing
Adult Interdependent RelationshipsSince 2003, Adult interdependent relationships have been available to both same-sex and different-sex couples in the Canadian province of Alberta, providing some but not all the rights and benefits of marriage....
. These relationships provide specific financial benefits to interdependent adults, including blood relations.
Recognition in other provinces and territories
The legal status of same-sex marriages in provinces and territories that did not perform them was uncertain prior to the passage of the Civil Marriage Act. One of the couples that brought suit in Nova Scotia acted so that their Ontario marriage would be recognized.
The
Premier of AlbertaThe Premier of Alberta is the first minister for the Canadian province of Alberta. He or she is the province's head of government and de facto chief executive. The current Premier of Alberta is Ed Stelmach. He became Premier by winning the Progressive Conservative leadership elections on...
,
Ralph KleinRalph Phillip Klein is a former Premier of Alberta. He served as leader of the Alberta Progressive Conservatives from 1992 until his retirement in 2006. His tenure as premier ended when the Alberta Progressive Conservatives' new leader, Ed Stelmach, assumed office December 14, 2006, exactly...
, wanted to prevent same-sex marriages from being performed or recognized in
AlbertaAlberta is one of Canada's prairie provinces. It became a province on September 1, 1905.Alberta is located in western Canada, bounded by the provinces of British Columbia to the west and Saskatchewan to the east, the Northwest Territories to the north, and the U.S. state of Montana to the south....
, but eventually admitted that the province's chances of doing so were slim to none, and said Alberta would obey the legislation. By contrast, the other remaining province without SSM,
Prince Edward IslandPrince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
, announced that it would voluntarily bring its laws into compliance with the federal legislation.
Immigration
The Department of
Citizenship and Immigration CanadaThe Department of Citizenship and Immigration Canada is the department of the government of Canada with responsibility for issues dealing with immigration and citizenship...
(CIC) acknowledges same-sex marriages contracted in Canada between immigration applicants and
Canadian citizensCanadian citizenship is typically obtained by birth in Canada, birth abroad when at least one parent is a Canadian citizen, or by adoption abroad by at least one Canadian citizen. It can also be granted to a permanent resident who lives in Canada for three out of four years and meets specific...
or permanent residents. Canadians may also sponsor their same-sex common-law or civil union partners for family-class
immigrationImmigration is the arrival of new individuals into a habitat or population. It is a biological concept and is important in population ecology, differentiated from emigration and migration.-As a political term:...
, provided they meet various requirements, including proof of legitimacy, and co-habitation for at least one year.
After the enactment of the
Civil Marriage ActThe Civil Marriage Act was legislation legalizing same-sex marriage in Canada. It was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. It passed the House of Commons on June 28, 2005, and the Senate on July 19, 2005...
, CIC adopted an interim immigration policy which did not recognize same-sex marriages which took place outside Canada. For example, a Canadian citizen, legally married in The Netherlands to his or her same-sex Dutch partner, might not sponsor his or her Dutch partner for immigration as a spouse, despite the fact that both Dutch law and Canadian law made no distinction between opposite-sex and same-sex civil marriages, and despite the fact that CIC did recognize a Dutch opposite-sex marriage.
On December 12, 2006,
New Democratic PartyThe New Democratic Party , commonly referred to as the NDP, is a social democratic political party in Canada. In the Canadian House of Commons, it holds a centre-left position in the Canadian political spectrum. The leader of the federal NDP is Jack Layton...
MPA Member of Parliament is a representative of the voters to a parliament. In many countries the term applies specifically to members of the lower house, as upper houses often have a unique title, such as senate, and thus also have unique titles for its members, such as senators. Members of...
Bill SiksayWilliam Livingstone Siksay, MP is a Canadian politician, the Member of Parliament who represents the British Columbia riding of Burnaby—Douglas for the New Democratic Party.Receiving his high school diploma from McLaughlin Collegiate and Vocational Institute in Oshawa, Ontario, Siksay attended...
introduced a motion in the
House of CommonsThe House of Commons is a component of the Parliament of Canada, along with the Sovereign and the Senate.
The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament .
Members are elected by simple...
Standing Committee on Citizenship and Immigration calling on the CIC to immediately rescind the interim policy and "recognize legal marriages of gay and lesbian couples performed in jurisdictions outside Canada for purposes of immigration in exactly the same way as the legal marriages of heterosexual couples are recognized"; the committee voted to recommend that the government do this. In late January 2007, Citizenship and Immigration Minister
Diane FinleyDiane Finley, PC, MP is a Canadian politician. She serves as Minister of Human Resources and Skills Development in the cabinet of Prime Minister Stephen Harper...
informed the committee that this would be done. In February 2007, the CIC website was updated to reflect the fact that the policy has been updated.
Military
Since September 2003, military
chaplainA chaplain is typically a priest, pastor, ordained deacon, rabbi, imam or other member of the clergy serving a group of people who are not organised as a mission or church, or who are unable to attend church for various reasons; such as health, confinement, or military or civil duties; lay...
s have been allowed to
bless same-sex unionsThe blessing of same-sex unions is currently an issue about which some Christian Churches are at present in disagreement with other Christian churches...
and to perform these ceremonies on a military base.
Survivor benefits
On December 19, 2003, an Ontario court ruled that survivor benefits for Canadians whose same-sex partners died should be retroactive to April 1985, the date the Charter of Rights came into effect. The federal government appealed. On March 1, 2007, the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
ruled that the federal government must pay
Canada Pension PlanThe Canada Pension Plan is a contributory, earnings-related social insurance program. It forms one of the two major components of Canada's public retirement income system, the other component being Old Age Security...
benefits to surviving same-sex spouses. Initial news reports indicated that the court limited retroactive benefits to only 12 months' worth, but in fact, some survivors may be entitled to benefits dating back to 2000.
Same-sex divorce in Canada
As of 2009, a married couple can only file for divorce in Canada if at least one spouse is then residing in Canada and has been for at least one full (continuous) year when the divorce is filed.
On September 13, 2004, a lesbian couple known as "M.M." and "J.H." in Ontario were granted Canada's first same-sex divorce. Their initial divorce application had been denied based on the fact that the federal Divorce Act defines spouse as "either of a man or a woman who are married to each other". However Madam Justice Ruth Mesbur of the
Ontario Superior Court of JusticeThe Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19 1999...
ruled that the definition of "spouse" in the Divorce Act was unconstitutional.
In June 2005, a lesbian couple in
British ColumbiaBritish Columbia is the westernmost of Canada's provinces and is famed for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . In 1871, it became the sixth province of Canada.The capital of British Columbia is Victoria, the 15th largest metropolitan region in Canada...
, whose names cannot be released, obtained a similar ruling.
Bloc QuébécoisThe Bloc Québécois is a federal political party in Canada that defines itself as devoted to both the protection of Quebec's interests on a federal level as well as the promotion of its sovereignty...
MP
Richard MarceauRichard Marceau is a Canadian politician.A lawyer in both Québec and Ontario, Marceau was first elected to the Canadian House of Commons in the Canadian federal election, 1997 for the Bloc Québécois in the riding of Charlesbourg at the age of 26...
, who has advocated in favour of same-sex marriage, requested that Justice Minister Irwin Cotler add a provision to the same-sex marriage bill altering the Divorce Act to permit same-sex divorce. Section 8 of the Civil Marriage Act amended the Divorce Act to permit same-sex divorce.
Church and State
Based on the 2001 census, three main Abrahamic religions (
JudaismJudaism is a set of beliefs and practices originating in the Hebrew Bible , as later further explored and explained in the Talmud and other texts...
,
IslamIslam Islam Islam ( al-’islām,
[There are ten pronunciations of Islam in English, differing in whether the first or second syllable has the stress, whether the s is or , and whether the a is pronounced as in father, as in cat, or (when the stress is on the i) as in the a of sofa...]
, and
ChristianityChristianity is a monotheistic religion based on the life and teachings of Jesus of Nazareth as presented by the revelations in the New Testament....
) represent 80% of the Canadian population. All three have texts that have sections interpreted by some to declare sexual relations between people of the same sex as forbidden and sinful. For example, the Koran (7:80-81, 26:165) and the Bible (Leviticus 18:22, Romans 1:26-27, I Timothy 1:9-10, etc.) are frequently interpreted to explicitly forbid
homosexualityHomosexuality is the romantic or sexual attraction or behavior among members of the same sex, situationally or as an enduring disposition. As a sexual orientation, homosexuality is considered to lie within the heterosexual-homosexual continuum of human sexuality, and refers to an individual’s...
. (see related article,
Homosexuality and religionThe relationship between religion and homosexuality can vary greatly across time and place, within and between different religions and sects, and regarding different forms of homosexuality and bisexuality. Current authoritative bodies and doctrines of the world's largest religions generally view...
).
In July 2003, the hierarchy of the
Catholic ChurchCatholicism is a broad term for the body of the Catholic faith, its theologies and doctrines, its liturgical, ethical, spiritual, and behavioral characteristics, as well as a religious people as a whole...
in Canada protested the Chrétien government's plans to include same-sex couples in
civil marriageCivil marriage or secular marriage is marriage performed by a government official and not a religious organization.-Civil marriage history:...
. This is significant because Catholicism has a larger number of adherents in Canada than any other religion or denomination, with 43.6% of the population identifying themselves as Catholic. The church criticisms were accompanied by Vatican claims that Catholic politicians should vote according to their personal beliefs rather than the policy of the government.
Amid a subsequent backlash in opinion, the Church remained remarkably quiet on the subject, at least in public, until late 2004, when two Catholic bishops stated their opposition to same-sex marriage in no uncertain terms. The Bishop of Calgary,
Frederick HenryFrederick Henry is the seventh and current Roman Catholic bishop of the diocese of Calgary, in the province of Alberta, Canada.-Biography:...
, in a pastoral letter urged Catholics to fight against the legalization of same-sex marriage, calling homosexual behaviour "an evil act." Bishop Henry's letter also seemed to urge the outlawing of homosexual acts, saying "Since homosexuality, adultery, prostitution and pornography undermine the foundations of the family, the basis of society, then the State must use its coercive power to proscribe or curtail them in the interests of the common good." Two human rights complaints were filed against Henry soon afterward under the Alberta Human Rights act, one of which was dropped at the conciliation stage.
The largest Protestant denomination in the country, the
United Church of CanadaThe United Church of Canada, the second-largest Christian denomination in Canada after the Roman Catholic Church, is an evangelical Protestant denomination founded in 1925 as a merger of four Protestant denominations:...
, offers church weddings to same-sex couples and supports same-sex marriages, testifying to this effect during the cross-country Justice Committee hearings. Unitarian Universalist congregations also solemnize same-sex marriages, as do the
Religious Society of FriendsThe Religious Society of Friends is a religious movement, whose members are known as Friends or Quakers. The roots of this movement are with some 17th century Christian English dissenters, but today the movement has branched out into many independent national and regional organizations, called...
(Quakers) and the
Metropolitan Community ChurchThe Metropolitan Community Church or The Universal Fellowship of Metropolitan Community Churches is an international Protestant Christian denomination. The Fellowship is considered by many to be a liberal mainline church...
. Some progressive Jewish congregations and some within the
Anglican ChurchThe Anglican Church of Canada is the sole Canadian representative of the Anglican Communion. The official French name is l'Église Anglicane du Canada...
have also supported same-sex marriage.
The
HutteriteHutterites are a communal branch of Anabaptists who, like the Amish and Mennonites, trace their roots to the Radical Reformation of the 16th century. Since the death of their founder Jakob Hutter in 1536, the beliefs of the Hutterites, especially living in a community of goods and absolute...
Brethren spoke out against same-sex marriage in a letter written to Prime Minister Martin in February 2005. The sect has historically not involved themselves with politics.
The
Humanist Association of CanadaHumanist Canada is a national not-for-profit charitable organization that promotes and supports educational initiatives to advance critical thinking and humanist culture, social and outreach opportunities for non-believers, and advocacy for equality and fairness for all Canadians...
, which endorses a non-theistic, non-religious ethical philosophy to life and full
separation of church and stateSeparation of church and state is a political and legal doctrine that government and religious institutions are to be kept separate and independent from each other...
, has been supportive of same-sex marriage.
Local affiliate groups of The Humanist Association of Canada offer officiancy (marriage commissioner) services across Canada.
See also
- LGBT rights in Canada
- Timeline of LGBT history
The following is a timeline of lesbian, gay, bisexual, and transgender related history.-25th/24th century BCE:*Khnumhotep and Niankhkhnum's tomb is built in Egypt during the fifth dynasty.-7th century BCE:...
- Marriage in Canada
The Canadian federal government has exclusive authority governing marriage and divorce in Canada under section 91 of the Constitution of Canada. However section 92 of the Constitution gives the provinces the power to pass laws regulating the solemnization of marriage.In 2001 there were 146,618...
- Members of the 38th Canadian Parliament and same-sex marriage
This article lists the members of the 38th Parliament of Canada and how they voted on Bill C-38, now known as the Civil Marriage Act. Bill C-38 amended the Marriage Act of Canada to recognize same-sex marriage . The 38th Parliament began with the federal election of June 28, 2004, and was...
- Members of the 39th Canadian Parliament and same-sex marriage
This article lists the members of the 39th Parliament of Canada and their voting records in regards to the Civil Marriage Act. Bill C-38 amended the Marriage Act of Canada to recognize same-sex marriage . The 39th Parliament was elected at the federal election of January 23, 2006...
- Religion in Canada
Religion in Canada encompasses a wide range of groups, and Canada has no official religion. The preamble to the Canadian Charter of Rights and Freedoms mentions "God", and the monarch carries the title of "Defender of the Faith", but no specific beliefs are specified, and support for religious...
External links