Same-sex marriage in Canada

The same-sex marriage was introduced nationwide in Canada with the Civil Marriage Act in 2005. Previously, there was in some provinces and territories, court decisions, as the connection between man and woman saw a violation of fundamental rights in the Canadian Charter of Rights and Freedoms in the definition of marriage.

History

Court decisions at the provincial level

The first same-sex marriages in Canada's history could be closed on 10 June 2003. On this day, the highest court in the province of Ontario decided on the merits Halpern v. Canada, that marriage should be open to same-sex couples. It thus confirmed the decision of a lower court, but which the government still set a deadline for the implementation of the decision. The first gay couple who married after the decision were Michael Stark and Michael Leshner.

In other provinces and territories of similar decisions, as in British Columbia (8 July 2003), Quebec (16 March 2004), Yukon (July 14, 2004), Manitoba (16 September 2004), Nova Scotia were issued (24 September 2004), Saskatchewan (5 November 2004), Newfoundland and Labrador (21 December 2004) and New Brunswick (23 June 2005). In the Northwest Territories, the proceedings before the Supreme Court was not terminated because already the Civil Marriage Act came into force. Also in Alberta, Prince Edward Iceland, and the Nunavut Territory gay marriage is allowed since the entry into force of the law.

Civil Marriage Act 2005

In February 2005, the Liberal government under Paul Martin introduced in the Canadian Parliament a law, which defines marriage at the federal level as a connection between two people, regardless of gender. In preparation of the law caught up with an official advisory opinion of the Canadian Supreme Court in which it should be clarified whether it falls within the competence of Parliament, whether it is constitutional, whether registrars should have the right to refuse the closure of same-sex marriages and whether the opposite-sex definition of marriage is unconstitutional. The first three questions are answered " Yes" in the last question, the court retained a reply before.

On June 28, the law and the House on July 19 passed the Senate. One day later, the law of Canada Beverley McLachlin of the Supreme Judge was signed, in substitution for Adrienne Clarkson, Governor General of Canada.

Impact abroad

The opening of marriage in Canada had an impact not only on a national level. Since the first decision in Ontario, many foreign gay couples went to Canada to get married there. This was especially favored by the fact that Canada is the only one among the countries that allow same-sex marriage, which at least does not require a permanent stay in the country as marriage requirement.

On 21 November 2006, the Israeli Supreme Court ruled that same-sex marriages in Canada closed must be recognized in Israel.

In the United States were at the time of marriage opening in Canada Massachusetts and Connecticut are the only states could be closed in the same-sex marriages. However, closed same-sex marriages have been recognized in some other countries outside of the state, as in Rhode Iceland. In New York State, a court had ruled in February 2008 that a closed in Canada, same-sex marriage in New York is valid. The appeal against this decision was rejected in May 2008 by the Supreme Court of New York, so that the recognition of marriage became final. On 28 May 2008, the New York Governor David Paterson ordered the authorities to recognize same-sex marriages outside the closed state.

In the following years more and more states decided in the United States to open marriage.