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Since June 4, 2001, the Canadian province of Nova Scotia has offered Domestic partnership registration to unmarried couples, both same-sex and different-sex, thereby entitling them to some, but not all, of the rights and benefits of marriage.
In the previous year, the General Assembly passed the Law Reform (2000) Act, the full title of which is "An Act to Comply with Certain Court Decisions and to Modernize and Reform Laws in the Province." The act was passed in the wake of the landmark decision of the Supreme Court of Canada in the case of M. v. H. on May 19, 1999.
In the first six months after the law came into effect, only 94 domestic partnerships were registered, in contrast to about 5500 marriages per year in the province. Of the 94 partnerships, 83 (88%) were same-sex couples. [1]
At the time the 2000 act was passed, domestic partners who registered with the provincial authorities were entitled to the same rights and obligations as spouses under the following laws:
Unmarried adults over age 19 in a conjugal relationship, not party to another domestic partnership, who live in Nova Scotia or own property there may file a declaration of domestic partnership with the Nova Scotia Vital Statistics Agency. By registering, the couple immediately gains the family court legal recognition, rights and benefits available to common law spouses under provincial law.
Domestic partnerships in Nova Scotia may be terminated in one of the following ways:
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except child adoption and/or the title itself.
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil or religious marriage.
A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others.
Same-sex marriage in Canada was progressively introduced in several provinces by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the Civil Marriage Act on July 20, 2005. On June 10, 2003, the Court of Appeal for Ontario issued a decision immediately legalizing same-sex marriage in Ontario, thereby becoming the first province where it was legal. The introduction of a federal gender-neutral marriage definition made Canada the fourth country in the world, and the first country outside Europe, to legally recognize same-sex marriage throughout its borders. Before the federal recognition of same-sex marriage, court decisions had already introduced it in eight out of ten provinces in the country and one of three territories, whose residents collectively made up about 90 percent of Canada's population. More than 3,000 same-sex couples had already married in those areas before the Civil Marriage Act was passed. Most legal benefits commonly associated with marriage had been extended to cohabiting same-sex couples since 1999.
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom with rights and responsibilities very similar to civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.
Same-sex marriage in Manitoba has been legal since September 16, 2004. In the case of Vogel v. Canada, the Court of Queen's Bench of Manitoba ordered the province to begin issuing marriage licences to same-sex couples. This decision followed a suit brought by three couples who were denied the right to marry. Both the provincial and federal governments had made it known that they would not oppose the court bid.
Same-sex marriage in Nova Scotia has been legal since September 24, 2004 when the province began issuing marriage licences to same-sex couples immediately following a court ruling from the Nova Scotia Supreme Court. Nova Scotia became the sixth jurisdiction in Canada, and the ninth worldwide after the Netherlands, Belgium, Ontario, British Columbia, Quebec, Massachusetts, Yukon, and Manitoba, to legalise same-sex marriage.
Same-sex marriage in Alberta has been legal since July 20, 2005 upon the granting of royal assent to the federal Civil Marriage Act. Alberta was one of the four Canadian provinces and territories where same-sex marriage had not been legalised prior to the enactment of the Civil Marriage Act, along with Prince Edward Island, the Northwest Territories and Nunavut.
Same-sex marriage in Saskatchewan became legal on November 5, 2004 as a result of a decision of the Family Law Division of the Saskatchewan Court of Queen's Bench. This decision followed similar cases in six other provinces and territories, and pre-dated by eight months the federal Civil Marriage Act of 2005, which made same-sex marriage available throughout Canada. Later court decisions have dealt with the issue of marriage commissioners who object to performing same-sex marriages on the basis of their religious beliefs.
Same-sex marriage in New Brunswick has been legal since June 23, 2005 in accordance with a ruling from the Court of Queen's Bench of New Brunswick. This decision followed similar cases in eight other provinces and territories, and pre-dated by only one month the federal Civil Marriage Act of 2005, which legalised same-sex marriage throughout Canada. New Brunswick became the ninth jurisdiction in Canada to recognise same-sex marriage, and the twelfth worldwide.
Same-sex marriage in Prince Edward Island has been legal since July 20, 2005. The Canadian province began the process of updating its laws to recognize same-sex marriage after the passage of the Civil Marriage Act in the House of Commons of Canada. Prince Edward Island had been one of only four provinces and territories, with Alberta, the Northwest Territories and Nunavut, where same-sex marriage had not already been legalized by court challenges prior to the passage of the law.
A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.
Same-sex marriage in the District of Columbia has been legal since March 3, 2010. On December 18, 2009, Mayor Adrian Fenty signed a bill passed by the Council of the District of Columbia on December 15 legalizing same-sex marriage. Following the signing, the measure entered a mandatory congressional review of 30 work days. Marriage licenses became available on March 3, and marriages began on March 9, 2010. The District of Columbia became the first jurisdiction in the United States below the Mason–Dixon line to allow same-sex couples to marry.
In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.
Canadian lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. Same-sex sexual activity was made lawful in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada was the fourth country in the world, and the first in the Americas, to legalize same-sex marriage nationwide.
Nova Scotia (AG) v Walsh, [2002] 4 S.C.R. 325 was a leading case decided by the Supreme Court of Canada on section 15 of the Canadian Charter of Rights and Freedoms and matrimonial property. The Court held that the Nova Scotia Matrimonial Property Act, which excluded unmarried cohabitating couples, was not in violation of the section 15 equality guarantee.
Common-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to unmarried couples. Registration is voluntary; many of the laws apply automatically to any couple in the province after living together for several years.
Since 2003, adult interdependent relationships have been available to both same-sex and opposite-sex couples in the Canadian province of Alberta, imposing some but not all of the obligations of marriage and providing some but not all the rights and benefits thereof.
Same-sex unions in the United States are available in various forms in all states and territories, except American Samoa. All states have legal same-sex marriage, while others have the options of civil unions, domestic partnerships, or reciprocal beneficiary relationships. The federal government only recognizes marriage and no other legal union for same-sex couples.
Same-sex marriage in Nevada has been legally recognized since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.