Same-sex marriage in Alberta

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Same-sex marriage has been legal in Alberta since July 20, 2005 upon the granting of royal assent to the federal Civil Marriage Act. [1] Alberta was one of the four Canadian provinces and territories where same-sex marriage had not been legalised before the enactment of the Civil Marriage Act, along with Prince Edward Island, the Northwest Territories and Nunavut.

Contents

Adult interdependent relationship

Since 2003, same-sex couples have had access to adult interdependent relationships, providing some of the rights and benefits of marriage. This includes alimony, health care benefits, inheritance, domestic violence protection, etc.

Civil Marriage Act

On June 28, 2005, the House of Commons of Canada passed the Civil Marriage Act , an act which defines Canadian civil marriage as a union between "two persons". The bill received royal assent by Deputy Governor General Beverley McLachlin a few weeks later and went into effect on July 20, 2005. Premier Ralph Klein responded by saying that the Alberta Government might opt to stop solemnizing marriages entirely, suggesting that in its place, the government would issue civil union licences to both opposite-sex and same-sex couples. Religious groups could still solemnize opposite-sex unions as marriages, but any civil ceremony would be permitted to recognize only a civil union. The Alberta Government also considered continuing to issue marriage licences to opposite-sex couples only in court, on the grounds that the federal government's legislation encroached on the provincial government's jurisdiction over the solemnization of marriage. In December 2004, Klein had suggested conducting a nationwide referendum on the legalisation of same-sex marriage, but this was opposed by Prime Minister Paul Martin, saying that "that this is an issue that Parliamentarians ought to decide". Klein stated, "In this province, my feeling is the majority -- and I don't know what the percentage of the majority is -- but the majority of people are opposed to same-sex marriage. And I represent the people of this province." [1]

On July 12, 2005, Klein conceded that the advice given to him by legal experts was that a challenge in court to refuse to marry same-sex couples had no chance, and wasting taxpayers' money to fight it would be "giving false hope". Klein said, "much to our chagrin", the Alberta Government would issue marriage licences to same-sex couples when the bill received royal assent. Klein also said that the Alberta Government would enact provincial legislation to protect religious and civil officials who do not wish to perform a same-sex marriage. This would have meant that an Alberta marriage commissioner who refused to solemnize same-sex marriages would not be liable for dismissal on those grounds. [2] However, no such legislation was passed, indicative of the "sea change" in attitudes towards same-sex marriage in Alberta. [3] This mirrored similar developments in the neighbouring province of Saskatchewan where courts have twice struck down attempts to exempt marriage commissioners from performing same-sex weddings.

The first same-sex couple to receive a marriage licence in Alberta were Keenan Carley and Robert Bradford in Edmonton just hours after the Act received royal assent on July 20. The couple had to wait until provincial officials instructed all registry offices to issue marriage licences to same-sex couples, and until the licence forms were changed from stating "Bride" and "Groom" to "Partner 1" and "Partner 2". The couple said, "It's wonderful feeling to know that it can finally be official. [...] It means that when we do have that ceremony, it will be legal, that we will be recognized as a married couple by the province of Alberta and the government of Canada. And that's a great thing." [1] [4]

Provincial legislation

Marriage Act

The position of Premier Ralph Klein and the Progressive Conservative government had been to attempt to block same-sex marriages in Alberta should a court case require it or federal legislation pass it nationwide. [5] On March 16, 2000, the Legislative Assembly of Alberta passed Bill 202 which amended the provincial Marriage Act to include a heterosexual-only definition of marriage. The bill also invoked the Notwithstanding Clause of the Canadian Charter of Rights and Freedoms . This insulated the Marriage Act from any legal challenge based on violation of Charter rights, including the Section 15 equality guarantees. Under the terms of the Notwithstanding Clause, such a declaration is effective for only five years after it comes into force. For the Marriage Act, this period expired on March 23, 2005. Premier Klein sent mixed messages about whether it would be renewed; ultimately, it was not. The Minister of Government Services, Ty Lund, tabled a report at the conservative caucus on April 4, 2005, stating that the federal government, not the provinces, has the exclusive jurisdiction to define marriage. The report further stated that if Alberta renewed the declaration in the Act by using the Notwithstanding Clause, the "government would be needlessly wasting time and money". [1]

A married lesbian couple at Edmonton Pride, 2011 Wedding on Wheels (5822377005).jpg
A married lesbian couple at Edmonton Pride, 2011

While the act could not have been challenged under the Charter, the definition of marriage is outside the power of the provincial government, or ultra vires , and therefore invalid. The Constitution Act, 1867 is universally interpreted as giving provinces jurisdiction over only the solemnization of marriage, while all other aspects, including capacity to marry, are under federal jurisdiction. At the time Bill 202 was passed, Justice Minister Dave Hancock did not support it, saying: "In terms of legal effect, I'm convinced it doesn't have any." Hancock subsequently stated that he believed the act to be constitutionally valid and that Alberta would attempt to uphold it. Following the December 9, 2004 Supreme Court response to the federal reference of same-sex marriage, Hancock's successor, Ron Stevens, conceded that the Bill 202 amendments to the Marriage Act would likely be struck down as unconstitutional on account of its encroachment into what had by then been explicitly ruled a matter of federal jurisdiction. In December 2004, Canadians for Equal Marriage said they were considering filing a court challenge to legalise same-sex marriage in Alberta, similar to what had happened in other provinces and territories, "The essence of the challenge is going to be discrimination based on sexual orientation. They suggest marriage continues to be between a man and a woman, when the Supreme Court and other jurisdictions have stated very clearly otherwise." Michael Phair, a member of the Edmonton City Council, said, "We are tired of being bullied. It is an outrage, and it is nothing but bias and revenge to force us to go to the courts to get what everyone else has in this country." [1]

In May 2014, the Legislative Assembly amended the Marriage Act to remove the Bill 202 amendments added in 2000, to replace references to "husband and wife" with the gender-neutral term "spouses", and to add "or spouse" in section 8(2), nine years after same-sex marriage became legal in Alberta. [6] Several other acts were amended in a similar way. The legislation received royal assent by Lieutenant Governor Donald Ethell on 14 May. Section 8 of the Act states that each of the parties shall, in the presence of the marriage commissioner and the witnesses, declare:

I call on those persons present to witness that I,______________, do take you,______________, to be my lawful wedded wife (or husband, or spouse). [RSA 2000 cM‑5 s8(2)]

Adoption Act

Same-sex couples have been allowed to adopt their stepchildren since 1999. [7] In February 2007, same-sex couples won the right to adopt children jointly. [8]

Two-spirit marriages

While there are no records of same-sex marriages as understood from a Western perspective being performed in First Nations cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognised two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. This two-spirit status allowed for marriages between two biological males or two biological females to be performed among some of these tribes. [9]

Among the Plains Cree people, two-spirit individuals were regarded as "esteemed persons with special spiritual powers" and were "noted shamans". They are known in their language as iyîhkwêw (ᐃᔩᐦᑫᐧᐤ, pronounced [ˈɪ.jiːhˌkweːw] ). [10] It was likely that they were able to marry cisgender men, though David G. Mandelbaum reported in 1940 that an iyîhkwêw named Clawed Woman had remained unmarried her entire life. The Nakoda people refer to two-spirit individuals as wîyâkte (pronounced [ˈwĩ.jãkte] ), [11] or also as wanârî nûba (pronounced [waˈnãʕĩˈnũba] ). [12] They carried out women's work in the community and married men. [9] In the Blackfoot language, two-spirit people are known as ááwowáakii (ᖳᖶᖷᖽ, pronounced [áːwowâːki] ). [13] [14]

Marriage statistics

2,485 same-sex couples married in Alberta from 2005 to 2014. [15] The 2016 Canadian census showed that there were 6,110 same-sex couples living in Alberta. [16]

Religious performance

In July 2019, the synod of the Anglican Church of Canada passed a resolution known as "A Word to the Church", allowing its dioceses to choose whether to perform same-sex marriages. [17] A few days after the vote, Bishop Jane Alexander of the Diocese of Edmonton issued a pastoral letter authorising clergy in the diocese to officiate at same-sex marriages. The measure includes a freedom of conscience clause for clergy opposed to performing the marriages. The Diocese of Calgary does not perform same-sex marriages. [18] In October 2017, the diocesan synod voted by a 57.4% majority to request Bishop Greg Kerr-Wilson to permit parishes to bless civil same-sex marriages, [19] [20] but the diocese still does not bless or perform same-sex marriages as of 2024. The Diocese of Athabasca, encompassing northern Alberta, likewise does not perform same-sex marriages. [21]

Public opinion

An EKOS/CBC poll in 2002 indicated that attitudes towards same-sex marriage were more supportive in Alberta than they were in the provinces of Manitoba and Saskatchewan, both of which had recognized same-sex marriage earlier. [22] A June 2003 survey by Ipsos-Reid, conducted a few weeks after same-sex marriage was legalized in Ontario, showed that 57% of Albertans opposed same-sex marriage, while 41% supported it. Opposition was higher among older people (77%) than middle-aged people (60%) and younger people (41%), higher among men (63%) than women (51%), and higher among people living in rural areas (65%) than people living in urban areas (45%). [1] An Ipsos-Reid poll conducted in August 2005 showed that 56% of Albertans remained opposed to same-sex marriage. [1]

An October 2011 poll conducted by the Citizen Society Research Lab at Lethbridge College found that 72.1% of Albertans supported same-sex marriage, while 27.9% were opposed, [23] [24] a big change in comparison to 2005 when a majority of residents opposed it.

See also

Related Research Articles

<span class="mw-page-title-main">Ralph Klein</span> Premier of Alberta from 1992 to 2006

Ralph Philip Klein was a Canadian politician and journalist who served as the 12th premier of Alberta and leader of the Progressive Conservative Association of Alberta from 1992 until his retirement in 2006. Klein also served as the 32nd mayor of Calgary from 1980 to 1989.

<span class="mw-page-title-main">Same-sex marriage in Canada</span>

Same-sex marriage was progressively introduced in several provinces and territories of Canada 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 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.

This is a list of notable events in the history of LGBT rights that took place in the year 2004.

<span class="mw-page-title-main">Same-sex marriage in Yukon</span>

Same-sex marriage has been legal in Yukon since July 14, 2004, immediately following a ruling from the Supreme Court of Yukon. This made the territory the fourth jurisdiction in Canada, and the seventh worldwide, to legalise same-sex marriage, after the provinces of Ontario, British Columbia and Quebec. Yukon was the first of Canada's three territories to legalise same-sex marriage, and the only one to do so before the federal legalisation of same-sex marriage in July 2005 by the Parliament of Canada.

<span class="mw-page-title-main">Same-sex marriage in Ontario</span>

Same-sex marriage has been legal in Ontario since June 10, 2003. The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Reverend Brent Hawkes on January 14, 2001. The legality of the marriages was questioned and they were not registered until after June 10, 2003, when the Court of Appeal for Ontario in Halpern v Canada (AG) upheld a lower court ruling which declared that defining marriage in heterosexual-only terms violated the Canadian Charter of Rights and Freedoms.

<span class="mw-page-title-main">Same-sex marriage in Quebec</span>

Same-sex marriage has been legal in Quebec since March 19, 2004 in accordance with a ruling from the Quebec Court of Appeal that the heterosexual definition of marriage violated the Canadian Charter of Rights and Freedoms. Quebec was the third Canadian province after Ontario and British Columbia and the fifth jurisdiction in the world to open marriage to same-sex couples.

<span class="mw-page-title-main">Same-sex marriage in British Columbia</span>

Same-sex marriage became legal in British Columbia on July 8, 2003, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licences. This made British Columbia the second province in Canada after Ontario, as well as the second jurisdiction in North America and the fourth worldwide, to legalise same-sex marriage.

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<span class="mw-page-title-main">Same-sex marriage in Manitoba</span>

Same-sex marriage has been legal in Manitoba 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.

<span class="mw-page-title-main">Same-sex marriage in Nova Scotia</span>

Same-sex marriage has been legal in Nova Scotia 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 was 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.

<span class="mw-page-title-main">Same-sex marriage in Nunavut</span>

Same-sex marriage has been legal in Nunavut since 20 July 2005. The Canadian territory began granting marriage licences to same-sex couples upon the passage of the federal Civil Marriage Act. In October 2003, Premier Paul Okalik announced that same-sex marriages performed in other jurisdictions would be legally recognized in Nunavut.

<span class="mw-page-title-main">Same-sex marriage in Saskatchewan</span>

Same-sex marriage became legal in Saskatchewan 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.

<span class="mw-page-title-main">Same-sex marriage in New Brunswick</span>

Same-sex marriage has been legal in New Brunswick 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 was the ninth jurisdiction in Canada to recognise same-sex marriage, and the twelfth worldwide.

<span class="mw-page-title-main">Same-sex marriage in Newfoundland and Labrador</span>

Same-sex marriage has been legal in Newfoundland and Labrador since December 21, 2004, when the province was ordered by the Supreme Court of Newfoundland and Labrador to issue marriage licences to same-sex couples. This decision followed similar cases in seven other provinces and territories, and pre-dated by seven months the federal Civil Marriage Act of 2005, which legalised same-sex marriage throughout Canada. Newfoundland and Labrador was the eighth jurisdiction in Canada to legalise same-sex marriage, and the eleventh worldwide.

<span class="mw-page-title-main">Same-sex marriage in Prince Edward Island</span>

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<span class="mw-page-title-main">Same-sex marriage in the Northwest Territories</span>

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<span class="mw-page-title-main">Members of the 39th Canadian Parliament and same-sex marriage</span>

This article lists the members of the 39th Parliament of Canada and their voting records in regards to the Civil Marriage Act, which amended the Marriage Act of Canada to recognize same-sex marriage. The 39th Parliament was elected at the federal election of January 23, 2006. The Conservative leader, Stephen Harper, who was then leader of the opposition campaigned on holding another free vote on the issue, after one was held in the 38th Parliament to approve the Act.

<i>Halpern v Canada (AG)</i> 2003 Canadian court case

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<i>Alberta Sovereignty Within a United Canada Act</i> 2022 Canadian provincial legislation

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References

  1. 1 2 3 4 5 6 7 "Debate about SSM in Alberta". Kingston: Ontario Consultants on Religious Tolerance. 21 January 2005. Retrieved 10 March 2011.
  2. ↑ "Alberta backs down on same-sex marriage". CTV. 13 July 2005. Archived from the original on May 14, 2011. Retrieved 10 March 2011.
  3. ↑ Fortney, Valerie. "'A sea change' in attitudes toward Alberta gay marriages," Calgary Herald, 20 September 2012 Archived 3 March 2016 at the Wayback Machine , accessed 6 October 2013.
  4. ↑ "Edmonton men first gay couple in Alberta to get marriage licence". CBC News. July 21, 2005.
  5. ↑ "Bound by Law". The Economist. 11 November 2004. Retrieved 10 March 2011.
  6. ↑ "Bill 12: Statutes Amendment Act, 2014". Legislative Assembly of Alberta . Retrieved February 10, 2016.
  7. ↑ Sexual Orientation and Legal Rights
  8. ↑ "Gay couple leaps 'walls' to adopt son". Postmedia News. Archived from the original on March 3, 2016. Retrieved February 10, 2016.
  9. 1 2 Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures . University of Texas Press. ISBN   0-292-74701-2.
  10. ↑ "Plains Cree Dictionary: iyîhkwêw". Plains Cree dictionary. Archived from the original on 28 March 2023. Retrieved August 29, 2022.
  11. ↑ "Stoney Nakoda Online Dictionary: wîyâ kte". dictionary.stoneynakoda.org. Archived from the original on 10 August 2023. Retrieved 15 April 2024.
  12. ↑ Collette, Vincent (2018). Nakón-I'a Wo! Nakoda Language Lessons. First Nations University of Canada.
  13. ↑ Frantz, Donald G.; Russell, Norma Jean (1 January 2017). The Blackfoot Dictionary of Stems, Roots, and Affixes: Third Edition. University of Toronto Press. p. 415. ISBN   978-1487520632.
  14. ↑ "Blackfoot dictionary". dictionary.blackfoot.atlas-ling.ca. Archived from the original on 4 April 2023. Retrieved 15 April 2024.
  15. ↑ "Marriage Events Vital Statistics – Same-Sex Marriages". Alberta Government.
  16. ↑ "Families, households and marital status: Alberta". www12.statcan.gc.ca. 8 February 2017.
  17. ↑ Zeidler, Maryse (13 July 2019). "Anglican Church rejects same-sex marriage approvals in vote". CBC News.
  18. ↑ "Statement from Bishop Greg Kerr-Wilson" (PDF). 2019.
  19. ↑ Folkins, Tali (24 October 2017). "Calgary synod asks bishop to consider allowing same-sex blessings". Anglican Journal.
  20. ↑ "Inclusion at St. Laurence". St. Laurence Anglican Church.
  21. ↑ "Diocese of Athabasca will abide by Marriage Canon vote". Anglican Samizdat. July 26, 2019.
  22. ↑ "Canadian Public Opinion Polls 1996 - 2002". Kingston: Ontario Consultants on Religious Tolerance. 12 February 2005. Retrieved 10 March 2011.
  23. ↑ Albertans’ Opinion Structure on Six Policy Issues
  24. ↑ Is Alberta shifting left?
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