| Part of the LGBT rights series |
 LGBTQportal |
Same-sex marriage has been legal in British Columbia since July 8, 2003, after a series of court rulings in Barbeau v. British Columbia which ultimately landed in favour of same-sex couples seeking marriage licences. This made British Columbia the second province in Canada, the second jurisdiction in North America and the fourth in the world, after the Netherlands, Belgium and Ontario, to legalise same-sex marriage. [1]
On July 4, 1995, the Legislative Assembly of British Columbia approved the Adoption Act, permitting cohabiting same-sex couples to adopt children jointly. British Columbia became the first province in Canada to allow same-sex couples to adopt. [2] The law took effect on November 4, 1996. [3]
In July 1997, the New Democratic Party government of Premier Glen Clark introduced bills to recognise "the marriage-like relationship between persons of the same gender" in the Family Relations Act and the Family Maintenance Enforcement Act, granting same-sex couples the same legal rights as married spouses with regard to child custody and maintenance. Despite opposition from religious groups, the bills were passed overwhelmingly in the Legislative Assembly, and received royal assent by Lieutenant Governor Garde Gardom. [4]
In July 2001, eight same-sex couples filed a lawsuit in court, Barbeau v. British Columbia, arguing that banning same-sex marriage violated the Charter rights of gays and lesbians. On October 2, 2001, British Columbia Supreme Court Justice Ian Pitfield ruled against same-sex marriage, arguing it was not allowed under the Canadian Constitution. "Parliament may not enact legislation to change the legal meaning of marriage to include same-sex unions," he said. "I concur in the submission of the Attorney General of Canada that the core distinction between same-sex and opposite-sex relationships is so material in the Canadian context that no means exist by which to equate same-sex relationships to marriage while at the same time preserving the fundamental importance of marriage to the community." Justice Pitfield would be the sole judge in Canada to rule against same-sex couples. The couples appealed the decision to the Court of Appeal. [4]
On May 1, 2003, justices of the British Columbia Court of Appeal ruled 3–0 that the denial of marriage licences to same-sex couples was a violation of the Canadian Charter of Rights and Freedoms . "Gay rights have steadily expanded since homosexuality was made legal in Canada in 1969, and these developments have substantial public support, although the matter remains controversial," the court wrote. "This evolution cannot be ignored. Civil marriage should adapt to contemporary notions of marriage as an institution in a society which recognizes the rights of homosexual persons to non-discriminatory treatment." The court gave the Government of Canada until July 2, 2004 to change the definition of marriage to include same-sex couples, similar to the ruling issued in Ontario. On July 8, 2003, the Court of Appeal issued another ruling, lifting the stay it had put on the government in its May decision. The court said it was "satisfied" and noted the Ontario Court of Appeal lifting the stay in its own ruling in June 2003. The ruling stated that "any further delay will result in an unequal application of the law between Ontario and British Columbia." A few hours after the Court of Appeal ruling, Antony Porcino and Tom Graff became the first two men to be legally wed in British Columbia. Two conservative religious groups attempted to appeal the decision to the Supreme Court of Canada but, as they only had party intervenor status in the case, their attempt was unsuccessful. [4] Several of the plaintiff couples, many of whom had been in a relationship for decades, announced they would marry in the coming months or year.
Craig Maynard, spokesman for Egale Canada, said that they "are thrilled by this decision", and said they would continue to push for the legalisation of same-sex marriage across Canada. Kathleen Lahey, who was a counsel to the couples, said that the court decision "confirms that the new federal law on same-sex marriage applies uniformly across the country -- and immediately. It also makes it clear that other provinces can and should act now to extend marriage to lesbian and gay couples, instead of putting the issue off until the Supreme Court of Canada and Parliament have confirmed the new law." A spokesperson for the Roman Catholic Archdiocese of Vancouver said the diocese was "saddened" by the decision, "We're also concerned that the courts have taken over the role of legislating in our democracy. This way of making important public decisions is very wrong. A third point of concern is the impact this will have on churches and religious freedom. The prime minister has given a guarantee with respect to religious freedom, but he can't give us a guarantee with respect to what the courts might do", the spokesperson said. Anglican Bishop Michael Ingham said he was "glad gay and lesbian people are receiving recognition of their equality rights", but that the church would "still regard marriage as a union between husband and wife": [4] "It goes considerably further than the church has gone. We have spoken of unions and not marriage. That remains the position of our diocese. I'm glad gay and lesbian people are receiving recognition of their equality rights, but it goes beyond where we are in the church. We still regard marriage as a union between husband and wife."
In August 2003, Celia Kitzinger and Sue Wilkinson married in Yaletown. They returned to England and demanded that it recognise their marriage. This was the beginning of the marriage equality movement in the United Kingdom, but the High Court of Justice ruled against the couple in July 2006. [5]
On June 15, 2005, a B.C. Supreme Court judge in Nanaimo granted British Columbia's first same-sex divorce in the case of J.S. v. C.F.. [6] Although same-sex marriage had been legal in British Columbia for two years, the Divorce Act still defined marriage as being "between a man and a woman". The judge, Madame Justice Laura Gerow, with the consent of the Attorney General, Irwin Cotler, changed the Divorce Act to include same-sex couples. [7]
On November 23, 2011, the Legislative Assembly enacted the Family Law Act, which uses gender-neutral language with regard to married spouses. The Assembly also amended the Marriage Act to replace all references to "husband and wife" with "spouses" and to add "or spouse" in section 20(c). [8] The legislation, which received royal assent by Lieutenant Governor Steven Point, amended provincial law to read that each of the parties to a marriage, in the presence of a marriage commissioner and at least two witnesses, says to the other:
I call on those present to witness that I, A.B., take C.D. to be my lawful wedded wife (or husband) (or spouse). [RSBC 1996, c 282, s 20 (c)]
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 in some of these tribes. [9]
The Nuxalk believed that two-spirit people were influenced in "some mysterious way" by the supernatural figure Sxints (pronounced [sχentsʰ] ). [10] Born male, they wore women's clothing and performed women's tasks, and, unlike most two-spirit people in other Native cultures, would form long-lasting relationships with cisgender women and marry. [9] The Haida people call two-spirit individuals ḵʼadx̱áan (pronounced [qʼʌ̀d̥χáːn] ), [11] and the Tsimshian call them ma̱hana̱ʼa̱x (pronounced [mɒhæˈnɒʔɒχ] ). [12] They are known as tʼámiya (pronounced [ˈtʼæmi.jɛ] ) in Halkomelem. [a] Stó꞉lō intersex babies were sometimes left on Mount McGuire to die; "[Elders] couldn't tell its sex till about three years old; they didn't let them live unles [ sic ] found out only after grown, i.e. about three year old; the Chilliwacks left them to die up the mountain they called Tʼamiyahó:y." [19] The Nuu-chah-nulth refer to two-spirit individuals who were born male but adopted women's roles in the community as tuučuk (pronounced [ˈtuːtʃuk] ), whereas individuals who were born female but adopted men's roles are known as čakusšƛ (pronounced [tʃaˈkusʃtɬ] ). [20]
The Kutenai refer to two-spirit people who were born female but wore men's clothing and performed men's activities as titqatʼiʔtik (pronounced [tɪtqaˈtʼɪʔtɪk] ). [21] One famous Kutenai two-spirit person was Kaúxuma Núpika, who, after leaving his White fur trader husband, returned to his people and adopted men's clothing and weapons, and took a wife. Kaúxuma was one of the "principal leaders" of the tribe and supernatural powers were attributed to him. He "is remembered among the Kutenai as a respected shamanic healer", a masculine occupation. [22] The Kutenai also recognise male-bodied two-spirit people who wore women's clothing and performed women's activities. They would "participate in gathering berries [and] roots, and also in making baskets and mats, in preparing lily seeds for consumption, and in cooking meals", and would marry men. [21] This two-spirit status thus allowed for marriages between two biological males or two biological females to be performed in Kutenai society.
735 same-sex marriages were performed in British Columbia in 2003. Most were between persons who resided in the United States rather than in Canada. [23] British Columbia has become a popular marriage destination for same-sex couples, and Vancouver was listed in the "Top 10 Gay Wedding Destinations" by Lonely Planet in 2014. [24]
The 2016 Canadian census showed that there were 11,230 same-sex couples living in British Columbia. [25]
Several dioceses of the Anglican Church of Canada allow their clergy to bless and perform same-sex marriages. The Diocese of British Columbia has authorised its clergy to bless same-sex civil marriages since 2013. [26] In autumn 2016, Bishop Logan McMenamie announced at a diocesan synod meeting that he will "move forward with the marriage of same-sex couples in the diocese". [27] Following the passage of a resolution known as "A Word to the Church" by the synod of the Anglican Church of Canada in July 2019, allowing its dioceses to choose whether to perform same-sex marriages, [28] the bishops of the dioceses of New Westminster and Kootenay announced that clergy would be permitted to officiate at same-sex marriages from 1 August 2019. [29] [30] The measures include a freedom of conscience clause for clergy opposed to performing same-sex marriages. Pastoral arrangements are made if a same-sex couple wishes to marry in their home congregation and their priest has decided not to officiate at such marriages. The Territory of the People also allows its clergy to solemnise same-sex marriages. [31] On the other hand, the Diocese of Caledonia, encompassing parts of northern British Columbia, does not perform same-sex marriages. Its marriage canons state that "it shall be the duty of the officiating clergyman to ensure that Canon XXVII on Marriage in the Church enacted by the 23rd Session of the General Synod of the Anglican Church of Canada is followed in its entirety". [32]
Some other religious organisations also perform same-sex marriages in their places of worship, including the United Church of Canada, [33] Quakers, [34] the Evangelical Lutheran Church in Canada, [35] and the Canadian Unitarian Council. [36] In 2021, the Artisan Church left the Canadian Conference of Mennonite Brethren Churches due to the denomination's opposition to same-sex marriage. The congregation in Vancouver had decided to permit same-sex marriages, which proved highly controversial in the Mennonite Brethren denomination. [37]
A June 12 – July 6, 2003 Environics Research poll found a 53%–43% margin nationwide in favour of same-sex marriage. The poll concluded that British Columbia had one of the highest levels of support in the country, but did not give a figure. [38]
A December 14 – January 5, 2005 Environics Research poll found a 54%–43% margin nationwide in favour of same-sex marriage. 214 British Columbians were surveyed in the poll, and 60% of respondents said they were in favour of same-sex marriage, while 38% were opposed. [39]
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. In 2023, polling by Pew Research suggested that more than three-quarters of Canadian residents supported the legal recognition of same-sex marriage. Most legal benefits commonly associated with marriage had been extended to cohabiting same-sex couples since 1999.
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.
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 in the world after the Netherlands, Belgium, Ontario, British Columbia, Quebec and Massachusetts, to legalise same-sex marriage. 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.
Same-sex marriage has been unambiguously 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.
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.
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.
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 in the world, after the Netherlands, Belgium, Ontario, British Columbia, Quebec, Massachusetts, Yukon and Manitoba, to legalise same-sex marriage.
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 granting of royal assent to the federal Civil Marriage Act. Previously, in October 2003, Premier Paul Okalik had announced that same-sex marriages performed in other jurisdictions would be legally recognized in Nunavut.
Same-sex marriage has been legal in Alberta 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 before the enactment of the Civil Marriage Act, along with Prince Edward Island, the Northwest Territories and Nunavut.
Same-sex marriage has been legal in Saskatchewan since 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 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 and the twelfth in the world to recognise same-sex marriage.
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 and the eleventh in the world to legalise same-sex marriage.
Same-sex marriage has been legal in the Northwest Territories since July 20, 2005. The Canadian territory began granting marriage licences to same-sex couples upon the granting of royal assent to the federal Civil Marriage Act. The Northwest Territories had been one of only four provinces and territories, with Alberta, Nunavut and Prince Edward Island, where same-sex marriage had not already been legalised by court challenges prior to the passage of the federal law.
The blessing or wedding of same-sex marriages and same-sex unions is an issue about which leaders of Christian churches are in ongoing disagreement. Traditionally, Christianity teaches that homosexual acts are sinful and that holy matrimony can only exist between two persons of different sexes. These disagreements are primarily centred on the interpretation of various scripture passages related to homosexuality, sacred tradition, and in some churches on varying understandings of homosexuality in terms of psychology, genetics and other scientific data. While numerous church bodies have widely varying practices and teachings, individual Christians of every major tradition are involved in practical (orthopraxy) discussions about how to respond to the issue.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Same-sex marriage has been recognized in Montana since a federal district court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.
The Anglican Church of Canada is the third largest church in Canada, after the Roman Catholic Church and the United Church of Canada. After many years of debate, the first blessing of a same-sex partnership took place in 2003, by the Diocese of New Westminster, in Vancouver. This was not considered a marriage ceremony, but rather a blessing of "permanent and faithful commitments" between persons of the same sex.
Same-sex marriage has been legally recognized in Idaho since October 15, 2014. In May 2014, the U.S. District Court for the District of Idaho found Idaho's statutory and state constitutional bans on same-sex marriage unconstitutional in the case of Latta v. Otter, but enforcement of that ruling was stayed pending appeal. The Ninth Circuit Court of Appeals affirmed that ruling on October 7, 2014, though the U.S. Supreme Court issued a stay of the ruling, which was not lifted until October 15, 2014.
Same-sex marriage has been legal in Oklahoma since October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to review Bishop v. Smith, a case that had found the ban unconstitutional, the Tenth Circuit Court of Appeals ordered Oklahoma to recognize same-sex marriages. On January 14, 2014, Judge Terence C. Kern of the U.S. District Court for the Northern District of Oklahoma declared the state's statutory and constitutional same-sex marriage bans unconstitutional. The case, Bishop v. Smith, was stayed pending appeal. On July 18, 2014, a panel of the Tenth Circuit upheld Kern's ruling overturning Oklahoma's same-sex marriage ban. However, the panel put its ruling on hold pending disposition of a petition for certiorari by the U.S. Supreme Court. On October 6, 2014, the U.S. Supreme Court rejected the request for review, leaving the Tenth Circuit Court's ruling in place. State officials responded by implementing the Tenth Circuit's ruling, recognizing same-sex marriage in the state.
Fiji does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples. The Marriage Act defines marriage as "the voluntary union of one man to one woman", although the Constitution of Fiji guarantees equal protection before the law to all citizens regardless of sexual orientation.
