Equal Marriage For Same-Sex Couples | Marriage Equality in the 20th Century

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Marriage Equality - 20th Century

Marriage Equality - 20th Century

"Marriage has continually adapted and evolved in response to political, social, and economic forces."

Each World War generated a demand for women’s paid work in furtherance of the war effort and the Great Depression required the participation of both sexes in whatever paid work was available. These social and economic forces altered the traditional roles of husbands and wives, and marriage as an institution consequently evolved. In the 1950s, there was a brief return to the rigid gender roles that had previously characterized marriage, but the 1960s and 1970s saw the emergence of gender equality as a social ideal, and marriage was once again required to adapt in response to social and political forces. No longer a primarily economic enterprise with rigidly defined gender roles for each spouse, marriage became more of an egalitarian partnership. While gender disparities remain in some marriages today, there is generally a societal expectation that both husbands and wives will work for an income and share responsibilities with respect to housework and child-rearing. Thus marriage has continually adapted and evolved in response to political, social, and economic forces.

The historical record of discrimination against members of our communities is well documented and has been acknowledged by the Supreme Court of Canada. Consequently, it need not be elaborated in detail. Suffice to note that, between 1892 and 1969, lesbian and gay sexual expression was criminalized by penal laws that rendered gay men particularly vulnerable to indefinite incarceration as “dangerous sexual offenders”; for many years, homosexuality was considered to be a psychiatric disorder and lesbians and gay men were subjected to conversion “therapies”, including electroshock treatment; in the 1960s and 1970s, the R.C.M.P. investigated the homosexuality of thousands of men and, as a result, scores of gay federal civil servants resigned or were dismissed from their employment without just cause; from 1952 to 1977, lesbians, gays, and bisexuals were prohibited entry to this country and those who concealed their sexual orientation in order to immigrate were forced to live here under constant threat of exposure and deportation; prior to 1992, lesbians and gay men were not permitted to serve openly in the Canadian Armed Forces; for many years, governments, employers, insurers, and other service providers uniformly refused to recognize same-sex relationships and lesbians, gays, and bisexuals were consequently denied numerous spousal benefits granted to individuals in heterosexual relationships; until relatively recently, we were not even afforded the basic protection of provincial and federal statutory prohibitions against such human rights violations.

Over the past three decades, lesbians, gays, and bisexuals have felt increasingly comfortable coming out of the proverbial closet, as human rights statutes have been amended to prohibit discrimination based on sexual orientation. Public opinion regarding homosexuality, lesbianism, and bisexuality -- which, until 1973, were pathologized as mental disorders by the psychiatric profession -- has shifted dramatically toward acceptance of sexual diversity as a manifestation of normal human variance.

"In the context of these modern social realities, an antiquated common law rule that privleges heterosexual couples and deems them exclusively worthy of access to the institution of marriage is shamefully out of date."

Many same-sex couples now live together openly, accepting spousal responsibilities and receiving spousal benefits from employers, service providers, and all levels of government. Sweeping legislative reforms have occurred at both federal and provincial levels to grant cohabiting same-sex partners access to spousal benefits that were previously reserved exclusively for heterosexual partners, including most of the benefits once reserved exclusively for married spouses.

Same-sex couples, as well as individual lesbians, gays, and bisexuals, are parenting children at rapidly rising rates. Custody and adoption laws, which previously discriminated in favour of heterosexual parents, have been modified and amended to treat lesbian and gay parents equally. Many Churches, Synagogues, and other places of worship are welcoming the full integration of their lesbian, gay, and bisexual congregants by, among other things, celebrating same-sex relationships in public commitment ceremonies.

"The historical record of discrimination against members of our communities is well documented and has been acknowledged by the Supreme Court of Canada."

Recent public opinion polls demonstrate majority support for allowing same-sex couples to marry. In the context of these modern social realities, an antiquated common law rule that privileges heterosexual couples and deems them exclusively worthy of access to the institution of marriage is shamefully out of date.

“Significant progress has been made in recent years towards a society in which lesbians, gays and bisexuals can participate as equal members. This progress is due in large part to changes in the legal treatment of lesbians, gays and bisexuals, and the accompanying impact upon public opinion and social attitudes. There is a world of difference between being treated as criminals and being treated as equal, contributing members of society.” Affidavit of John Fisher, para.70

Although considerable social and legal advances have been achieved over the past three decades to promote the equality of lesbians, gays, and bisexuals in Canadian society, it is undeniable that we continue to suffer social and political marginalization. The disadvantaged position that we occupy relative to the heterosexual population in this country is largely due to the legacy of historical persecution, but also due to ongoing, contemporary discrimination that we continue to endure.

It is critically important for members of this country’s lesbian, gay and bisexual communities that our relationships be accorded equal status by the Federal Government and that we be afforded the freedom to make fundamental personal choices about how we wish to structure our relationships and live our lives.

"The disadvantaged position that we occupy relative to the heterosexual population in this country is largely due to the legacy of historical persecution, but also due to the contemporary discrimination that we continue to endure ."

In Quebec and Ontario, the provincial Legislatures adopted omnibus legislation in 1999, effecting near-comprehensive reform to equalize the rights and responsibilities of same-sex and heterosexual unmarried partners. Quebec’s Bill 32 amended 39 provincial statutes and regulations and Ontario’s Bill 5 amended 67 provincial statutes and regulations. A multitude of benefits, which were once reserved exclusively to heterosexual couples (such as dependant’s relief, death benefits under no-fault auto insurance regimes, survivor benefits under workers’ compensation and victims’ compensation regimes, etc.) are now equally available to same-sex couples who satisfy the provinces’ minimum cohabitation requirements (or, where applicable, who co-parent a child).

(Information Provided by EGALE Canada)