Canada's first same-sex couple to legally wed

[pritchke]

Looks, like it may be legal in Canada now for same sex couples to wed. I expect their will be an appeal to the Supreme Court as the decision seemed to upset many people including politicians.

TORONTO (CP) - Two Ontario men became Canada's first same-sex couple to legally wed under a controversial court ruling Tuesday that called for Ottawa to immediately redefine its notion of marriage.

Michael Leshner and Michael Stark married in a quick civil ceremony observed by Leshner's beaming 90-year-old mother and about 50 friends and observers, most of them media.

"We're blissfully happy," Leshner, a Toronto Crown attorney, declared after exchanging rings with his partner of 22 years and offering a champagne toast outside the courthouse.

"The bench has wished us a long happy marriage and we hope to fulfil that."

The wedding came mere hours after Ontario's Court of Appeal ruled same-sex couples have the right to legally marry in the province, pronouncing Canadian law on traditional marriage unconstitutional, effective immediately.

Leshner, Stark, and other gay and lesbian couples involved in the court battle expressed relief and delight at a giddy news conference in which one lawyer broke into tears as she outlined the court decision and two couples happily announced wedding plans.

"The existing common-law definition of marriage violates the couple's equality rights on the basis of sexual orientation under (the Charter)," the Appeal Court said in a unanimous, 61-page written ruling.

"Exclusion perpetuates the view that same-sex relationships are less worthy of recognition than opposite-sex relationships."

The Appeal Court also declared Ottawa's definition of marriage invalid and demanded it be immediately changed to refer to "two persons" instead of "one man and one woman."

Leshner, 55, and Stark, 45, picked up their marriage licence two hours after the decision was released, crossing out part of the form that read "Bride/Groom" and replacing it with "Spouse/Person."

"Go tell Jean Chretien, it's dead," Leshner implored reporters.

"The argument's over. No more political discussion, we've won, the Charter won, it's a great day for Canada."

Lesbian couple Joyce Barnett and Alison Kemper also picked up a marriage licence and planned to wed in July 2004.

The ruling is a personal victory for seven same-sex couples defending a lower court decision that said Canadian law violated their Charter rights by preventing them from marrying. Ottawa tried to overthrow that ruling, arguing that marriage is a universal concept based on the union of a man and woman.

Ontario's Appeal Court decision joins court rulings in British Columbia and Quebec that also back same-sex unions.

However, it differs in that it calls for the new definition to take place immediately, allowing gay and lesbian couples to marry now.

It also effectively forces Ontario to recognize the January 2001 marriage of Joe Varnell and Kevin Bourassa, who were wed in a Toronto church ceremony using an ancient Christian tradition that allowed them to avoid having to get city-issued marriage licences.

If the Ontario government registers the marriage as demanded by the court ruling, theirs would be the first same-sex marriage in Canada.

Despite favourable reception in other provinces, Alberta's premier said his province remained opposed to same-sex marriages.

"The law in Alberta is very clear," said Ralph Klein. "It's as clear as crystal, and that is: If there's any move to sanctify and legalize same-sex marriages we will use the notwithstanding clause. Period. End of story."

Ontario officials would not say whether such a roadblock would face same-sex couples in that province. Leshner and Stark's wedding has yet to be registered by the province, a 12-week process the Consumer Affairs ministry said was governed by federal law.

"The federal government says who can marry whom," said spokesman Chris Eby.

"We've been following federal law and we will continue to follow federal law."

Federal Justice Minister Martin Cauchon said Ottawa recognizes it must move quickly toward a "national solution" to the same-sex debate.

"We see the direction that the courts are taking now," Cauchon said after a cabinet meeting. "I'm asking for a little bit of time to look at the decision and to come back with a statement."

A decision on whether Ottawa will appeal the ruling to the Supreme Court of Canada had not yet been made, however because the Ontario ruling is effective immediately, such a challenge would not prevent same-sex couples from getting married in the interim, said the couples' lawyer Martha McCarthy.

Prime Minister Jean Chretien said the Justice Department was examining the decision and that he had nothing to add.

Deputy Prime Minister John Manley said he personally believed it was time "to recognize that same-sex marriages are part of our societal norm."


Ontario Premier Ernie Eves said there were still issues to be resolved.

"What two people do in a relationship with each other is really none of anybody else's business," he said.

"Now there are other issues of course that are involved with that and some of them are fiscal or monetary and some of them involve children. Those are different matters."

Eves says it's up to the federal government to decide if same sex marriages should be legalized in Canada.

"You go back to the issue of which government really has constitutional responsibility for the legalization of marriages and I believe courts have ruled previously that that is the federal government," he said.

The B.C. Appeal Court said May 1 that governments should recognize gay marriage when it overturned a B.C. Supreme Court ruling that said marriage should be restricted to heterosexuals. It gave Ottawa until July 12, 2004 to change the law preventing gays and lesbians from marrying.

Cauchon has until June 30 to ask the Supreme Court of Canada to review the B.C. ruling or the decision will stand.

An all-party committee is drafting a much-anticipated report on how Parliament should handle the difficult social issue.

Polls indicate a slight majority of Canadians favour legalization of same-sex marriages.

Barnett and Kemper's two children were ecstatic with the Ontario decision.

"I knew that nobody could say I didn't have a family," said Robbie, 11, who was born to Alison. "Canada has finally figured out it's unfair to deny this to anybody."

The Netherlands became the first country in the world to legalize marriage for gays and lesbians on April 1, 2001.

Belgium became the second country to open marriage to same-sex couples on Jan. 30, however, important related legislation was not harmonized with the new marriage law.

In British Columbia, the Diocese of New Westminster, which includes 80 Vancouver-area churches, is the first in Canada to offer a blessing to gay and lesbian couples.

It is not considered the same as a marriage ceremony and has been compared by diocese officials to blessing a ship.

A gay Vancouver couple were the first to undergo the controversial new Anglican rite last month.

Some of what was said Tuesday in reaction to a decision by the Ontario Appeal Court allowing same-sex couples to marry:

"This is a historic day for gays and lesbians and I want to congratulate Michael Stark and Michael Leshner, who waited 20 years for this day to finally arrive." - Jack Layton, federal NDP Leader.

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"This decision has deemed the government's definition of marriage as unconstitutional, and it is now Parliament's turn to end their long-standing discrimination against gays and lesbians and support same-sex marriage." - Svend Robinson, a federal New Democrat who is openly gay.

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"The Canadian Alliance has consistently called for these decisions to be appealed to the Supreme Court of Canada to determine if these lower courts have the jurisdiction to rule on social policies of this nature." - Vic Toews, justice critic for the Canadian Alliance.

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"I think that it's time for us to recognize that same-sex marriages are part of our societal norm. I don't think religious denominations should be obliged to solemnize them, that's up to them to do." - John Manley, Canada's deputy prime minister.

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"We have the equal right to marry and that equal right must be recognized as of today." - John Fisher, executive director of Equality for Gays and Lesbians (EGALE).

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"You can't have a half equality. You can't say: 'Well, you're equal, but. . .' When you're speaking about equality you're talking about allowing people to exercise all rights under the law, including all rights that are available to all others." - Sheila Copps, Canada's heritage minister and Liberal leadership hopeful.

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"It's very clear that if this is a question of rights, and that appears to be what the courts are saying, then the government is going to have to deal with that." - Paul Martin, federal MP and Liberal leadership candidate.

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"We're gettin' married in the morning. Go tell Jean Chretien it's dead. The argument's over. No more political discussion, we've won, the charter won, it's a great day for Canada." - Michael Leshner, a 55-year-old Toronto Crown attorney who has fought for years for the right to marry his longtime gay partner.

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"We see the direction that the courts are taking now. I'm asking for a little bit of time to look at the decision and to come back with a statement." - Federal Justice Minister Martin Cauchon.

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"What two people do in a relationship with each other is really none of anybody else's business. Now there are other issues of course that are involved with that and some of them are fiscal or monetary and some of them involve children. Those are different matters." - Ontario Premier Ernie Eves.


"The only responsible course of action is to immediately appeal this decision to the Supreme Court of Canada. This will allow the democratically elected members of the Parliament to continue their work on this important social policy issue." - MP Vic Toews, Canadian Alliance justice critic.

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"The law in Alberta is very clear, notwithstanding how some people might feel about it, it's very clear. It's as clear as crystal. And that is if there is any move to sanctify and legalize same-sex marriages, we will use the notwithstanding clause, period. End of story." - Alberta Premier Ralph Klein.

[ 06-10-2003, 07:09 PM: Message edited by: pritchke ]

[johnny]

Overhere we probably have a few divorced gay couples already.

[Animal]

Does it matter in all honesty? You'll probably find a lower divorce rate amongst same sex couples than you would heterosexual couples.

[pritchke]

I feel like we are becoming more like a European country (decimalization of pot, gay marriages), I blame it on St. Pierre et Miquelon. Any chance of Canada joining the EU (I am joking of course).

[Callum Kerr]

Homophobes... if the gays want to marry...let them... we are (correctly) so much against racism... this is almost the same...

[pritchke]

Originally posted by Callum Kerr: we are (correctly) so much against racism... this is almost the same...

That is why the judge ruled that it violates the couple's equality rights on the basis of sexual orientation under the Charter of rights and freedoms.

[ 06-10-2003, 08:06 PM: Message edited by: pritchke ]

[Aelia Jusa]

Originally posted by Animal: Does it matter in all honesty? You'll probably find a lower divorce rate amongst same sex couples than you would heterosexual couples.

How so?

[johnny]

Originally posted by Animal: Does it matter in all honesty? You'll probably find a lower divorce rate amongst same sex couples than you would heterosexual couples.

That's only because there aren't all that many married gay couples around yet. I bet if there were as many gay marriages as heterosexual ones, the number of divorces would be equally divided.
I know that marriage can be pretty rough from time to time, and it won't be different when you're gay. Ever seen two gays fight eachother ? I have, and it wasn't a pretty sight.
Instead of throwing punches at eachother, they were using their nails to scratch eachothers faces, pull hair, and call eachother bitch. You don't wanna get caught in the middle of something like that.

It was fun watching though.

[Rokenn]

Originally posted by Aelia Jusa: quote: Originally posted by Animal: Does it matter in all honesty? You'll probably find a lower divorce rate amongst same sex couples than you would heterosexual couples.

How so? [/QUOTE]My co-worker has been with his partner for 16 years, that is longer then most marriages nowadays [img]smile.gif[/img]

[Animal]

Originally posted by johnny: quote: Originally posted by Animal: Does it matter in all honesty? You'll probably find a lower divorce rate amongst same sex couples than you would heterosexual couples.

That's only because there aren't all that many married gay couples around yet. I bet if there were as many gay marriages as heterosexual ones, the number of divorces would be equally divided.
I know that marriage can be pretty rough from time to time, and it won't be different when you're gay. Ever seen two gays fight eachother ? I have, and it wasn't a pretty sight.
Instead of throwing punches at eachother, they were using their nails to scratch eachothers faces, pull hair, and call eachother bitch. You don't wanna get caught in the middle of something like that.

It was fun watching though. [/QUOTE]That was the Jerry Springer show, dude!