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Friday
July 22, 2005
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Volume 33
Issue 29

Saturday, Nov 21, 2009 07:25

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'Parliament has spoken' Canadian Senate clinches new marriage rights

'Parliament has spoken' Canadian Senate clinches new marriage rights
by Robert Raketty SGN Staff Writer Canada became the fourth nation to extend full marriage equality to same-sex couples after the Canadian Senate voted 47 to 21 in favor of the legislation just before midnight on Tuesday, July 19. Lesbian, Gay, Bisexual and Transgender Canadians celebrated the victory, which could have ramifications here in the United States. "Parliament has spoken. It has clearly and loudly proclaimed that same-sex couples are equal in value and equal in law," said Alex Munter, spokesperson for Canadians for Equal Marriage, in a written statement. "Today, we made history. Today, we affirmed once again our world-wide reputation as a country that is open, inclusive and welcoming. "In a generation, Canadians will look back on a time when Lesbian, Gay, Bisexual and Trans-identified people were denied full citizenship&. We will talk about these days and this battle. We will be proud, as Canadians, that we rejected rejection, that we ended exclusion; that we said to LGBT people, 'There are no second-class Canadians. You are full members of the community, without caveat or exceptions'." The path to nationwide legalization of marriage for same-sex couples was paved after a series of legal challenges proved successful. Courts in British Columbia, Saskatchewan, Manitoba, Quebec, New Brunswick, Nova Scotia and Newfoundland all ruled that the denial of equal marriage rights for same-sex couples violated the country's Charter of Rights and Freedoms, which guarantees equality for all Canadian citizens. The nail in the coffin occurred when former Prime Minister Jean Chretien decided not to appeal an earlier Ontario Court of Appeals decision. On 10, 2003, the court had ruled in favor Michael Leshner and his partner, Michael Stark. The Gay Toronto couple where swiftly whisked off to marry and public institutions began issuing marriage licenses almost immediately. The legislation, which was drafted by Prime Minister Paul Martin's minority Liberal Party government, had been sent to the House of Commons for approval only after a long and careful review by that nation's highest court. The Canadian House of Commons voted 158 to 133 last month to adopt the legislation. Although equal marriage rights for same sex-couples had already been granted in eight of Canada's 10 provinces and in two of its three territories, LGBT couples now have the same legal status as that given to opposite-sex couples. The bill faced stiff opposition from religious and political forces who strongly opposed the move. The Conservative Party attempted to heed calls from conservative religious groups, Protestant denominations and the Roman Catholic Church in Canada which all lobbied for the legislation's demise. Many had expressed concern that their clergy would be compelled to perform same-sex ceremonies. The new law applies only to civic weddings performed in city halls, courthouses and other sanctioned agencies of the provinces that are responsible for solemnizing the marriages. Religious groups and churches, however, will not be required to sanctify marriages for same-sex couples if they choose not to. L'Osservatore Romano, the Vatican newspaper, wrote on Thursday that Canada's legalization of marriages for same-sex couples was a "distortion of God's plan for the family&." British Columbia began marring couples in 2003. Since that time, a couple hundred couples from the Northwest have chosen to marry there. However, only a few municipalities, such as Seattle, offer any recognition of the marriage certificates granted by the province. The State of Washington and the United States both do not recognize the marriages due to state and federal laws, which prohibit them from doing so. In the United States, Massachusetts is the only state that is recognizes marriages between couples of the same gender. Municipalities in Oregon and California had also performed marriages for such couples, but had the marriages thrown out by state courts. Same-gender couples in Washington State are awaiting the outcome of a state Supreme Court decision. According to the Legal Marriage Alliance of Washington, there are over 423 Washington State laws pertaining to marriage currently denied to same-sex couples. The United States General Accounting Office's research identified a total of 1,138 federal statutory provisions, as of December 31, 2003, classified to the United States Code in which marital status is a factor in determining or receiving benefits, rights, and privileges. Marge Ballack, who married her partner of 27 years in British Columbia on July 21, 2003, told the Seattle Gay News last month that she looks forward to the day her marriage will be recognized here in the U.S. Their marriage certificate hangs proudly mounted the wall near the entryway. Marge Ballack and her partner Diane Lantz, are two of the plaintiffs in the Washington State Supreme Court case. Canada is the first country in North America to legalize marriages for same-sex couples. The Netherlands, Belgium and Spain are the only other nations worldwide that have extended equal marriage rights nationwide.