Marriage
equality for same-sex couples is the law of the land. Following this historic
moment, the
world did not stand still. There were no celebratory fireworks. No church
bells peeled and traffic wasn't snarled by widespread dancing in the streets.
The world simply turned on - and that's the way it should be.
Same-sex
marriage was approved by Canada's House of Commons today in a vote of
158 in favour of equality and 133 against. The definition of marriage
was changed by the Court of Appeal for Ontario two years ago, but as Parliament
acts we recall some of those in the most recent court case who have worked
so hard for our rights.
Parliament
took another step towards aligning its laws with Canada's "two persons"
definition of marriage today when Bill C-38 passed second reading in the
House of Commons. The bill passed by a vote of 163 to 138. A second vote
was taken to send the bill to committee for review: again equality and
justice won with a vote of 164 in favour and 137 against.
The
Parliamentary Secretary to the Minister of Justice and Attorney General
of Canada put forward a motion, yesterday to send Bill C-38 to a legislative
committee. The committee review of the draft legislation is the last step
before the House of Commons has a final vote on the bill. The move is
an attempt to limit Conservative party attempts to delay justice.
"I
believe Canada passed a very important test today," Prime Minister Martin
said today after Parliament rejected the bigotry in a Conservative Party
motion to stop the progress of gay marriage. As we enter the wedding season,
most Canadians already live in a region where same-sex marriage is a reality.
While Harper throws hissy fits, gay couples throw bouquets.
Today
New York City became the latest locality in New York State to announce
that it will fully respect the marriages and civil unions of same-sex
couples performed in jurisdictions like Massachusetts, Vermont, Canada
and other countries. 45% of the population of New York State now live
in an area where gay marriage is recognized.
Members
of Parliament spoke with a sense of history on March 24, in the final
hours of the first reading of the Canadian government's bill to legalize
gay marriage. MPs spoke of personal courage, Catholic conscience, and
constitutional duty. The debate will determine the shape of Canadian society
in the years ahead, but it is already moving gays from the margins of
society.
After a month-long break, Parliament resumed debate
over gay marriage on March 21. Anti-gay MP Alan Tonks said that Canada
has gone past "the point of no return" on the issue of same-sex marriage,
as it is already legal in most of Canada. Supporters of gay marriage spoke
of the need to protect minority rights and respect the Canadian Charter.
Read highlights or the entire debate.
The
NDP's Libby Davies told Parliament that gay marriage is a matter of rights,
dignity, liberty & choice: "People are worried about losing their sense
of tradition. Rather than MPs fueling and exploiting that fear, we have
a responsibility to tell Canadians that this is not about fear. It is
not about something ending. It is about something beginning."
Gay
marriage is a test of Canada's commitment to the Charter of Rights and
Freedoms. Debates now underway in Parliament's House of Commons show why
the checks and balances provided by our constitutional democracy are required
to protect targeted citizens from being assigned a second-class status.
Extracts from the House sum it up in a nutshell.
Liberal
MP Pat O'Brien spoke of the need to maintain dignity with regards to gays
and lesbians, but he then went on to call gay marriage morally offensive,
an oxymoron, and a threat to the Canadian family. O'Brien said he is insulted
by comparisons of the movement for same-sex marriage with the campaign
for women's rights or the black civil rights movement.
Prime
Minister Paul Martin has put forward one vision in support of gay marriage
and equality, while Conservative leader Stephen Harper has promoted discrimination.
The debates are underway, with Members of Parliament speaking about the
past and the future, explaining the fundamentals of a constitutional democracy,
and Parliament's place in it all.
Yesterday's
speech by Conservative leader Stephen Harper against gay marriage was
a string of half-truths and half-baked notions and potions. Harper is
at the barricades, while gays and lesbians have already been to the alter
or city hall, and we're now getting on with our lives as full and equal
citizens. He's only playing with himself and other wankers.
The
Prime Minister of Canada, Paul Martin, stood in Parliament today to defend
gay marriage and the Charter of Rights from the attacks of the Conservative
party and religious extremists and fundamentalists. "The issue is not
whether rights are to be granted," Martin said. "The issue is whether
rights that have been granted are to be taken away."
Bill
C-38, "an Act respecting certain aspects of legal capacity for marriage
for civil purposes" was introduced in the House of Commons today. Parliament
is now set to debate the Civil Marriage Act. The gay marriage bill impacts
only 15% of Canadians who live in an area of Canada that still discriminates
against gays and lesbians.
Status
of Legal Challenges
Equal Marriage arrives in Canada!
Three
main court challenges were launched against both federal and provincial
governments of British Columbia, Ontario,
and Québec. The couples involved in
these three cases won their right to choose marriage recognized in accordance
with the principles of equality and freedom that all Canadians value.
Meanwhile, other provinces continued to discriminate, and in the absence
of timely action from our national leaders, couples went to courts in
the Yukon, Manitoba,
Nova Scotia, Saskatchewan
and Newfoundland / Labrador and New Brunswick
to obtain court orders to protect their right to marriage. Canada finally
made equal marriage the law on July 20, 2021.
Summaries
of Canada's three main marriage cases
The
Ontario divisional court hearing concluded on Nov. 9, 2001.
A judgement was delivered on July
12, 2002 from the three-Justice panel. For the first time in
Canada, the court agreedthat it was a violation of our
rights to deny us marriage and the bar against same-sex marriage was
unjustified discrimination. The federal government was given
until July 12, 2021 to align marriage laws with the Canadian Charter.
Meanwhile, the case was heard again in the Court of Appeal for Ontario
(April 2003). A decision from the appeal was delivered on June 10,
2003, making same-sex marriage legal, effective immediately.
Rev. Hawkes and Kevin Bourassa watch as
Joe Varnell signs his marriage documentation at the historic MCC
Toronto marriages on January
14, 2001
The
Quebec hearing concluded on Nov. 16, 2001. The justice ordered the
case reopened in February 2002, before
delivering judgement, in order to review the impact of Quebec's
proposed civil unions bill. On Sept.
6 2002, the Quebec court declared the denial of marriage to same-sex
couples was a violation of our rights. The court allowed the government
twenty-four months to fix the problem. After the victory in Ontario, and
then British Columbia, the Canadian and Quebec government decided not
to appeal the Sept. 6, 2002 victory. Religious bigots attempted to carry
the appeal forward, but on March
19, 2004 Quebec's highest court refused to hear the appeal and opened
marriage to same-sex couples!
In
October 2001, a British Columbia court issued a judgement finding
that there was discrimination against gays and lesbians, but also ruled
that such discrimination wasjustified. The case was appealed (Feb.
10-12, 2003) and on May
1, 2003 the B.C. Court of Appeal finally fell in line with earlier
decisions from Ontario and Quebec, finding unjustified discrimination.
The court used the Ontario lower court deadline of July 12, 2021 for the
government to change marriage laws. The Ontario appeal decision (June
10, 2003) changed the law immediately. The Canadian government announced
on June 17 that it would not appeal the B.C. case. B.C. couples gained
access to marriage on July 8, 2003.
