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 LGBTQportal |
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.
In November 2000, the Nova Scotia House of Assembly approved the Law Reform (2000) Act, [lower-alpha 1] which legalised domestic partnerships in Nova Scotia. [2] [3] The Act was assented by the Lieutenant Governor of Nova Scotia, Myra Freeman, and went into force on June 4, 2001. Domestic partnerships grant cohabiting couples many of the rights and obligations of marriage, including pension benefits, inheritance, and the ability to divide property or other assets at separation or death. These partnerships differ from common law marriages in that they are registered with the state and the property rights of domestic partners are better defined. Both partners must be 19 or older, resident in Nova Scotia for the past 3 months, and not currently married or in a partnership with another individual. [4] Both opposite-sex and same-sex couples can enter into a domestic partnership.
In July 2001, the Nova Scotia Supreme Court concluded that the provision in the Adoption Act which prevented common-law couples from adopting was unconstitutional; the result been that common-law couples, either same-sex or opposite-sex, are now able to adopt children jointly. Madame Justice Deborah Gass ruled that "prohibiting a joint adoption where all the evidence indicates these adults are providing optimum care and loving... defeats the very purpose of the legislation". A spokeswoman for Egale Canada said, "It really is a victory for the expansion of the definition of family and that courts recognize families exist beyond married couples and their children." [5] [6]
Following the court ruling legalizing same-sex marriage in Yukon in July 2004, Sean Foreman, the chairperson of a local LGBT group, said "We are now considering a change in strategy, to proceed with a similar application in Nova Scotia in the near future, rather than wait for the Reference ." Foreman also asked the federal and provincial attorneys general, Irwin Cotler and Michael Baker, to "immediately begin issuing marriage licenses to same-sex couples", but this was not successful. On August 13, 2004, three same-sex couples brought the suit Boutilier et al. v. Canada (A.G) and Nova Scotia (A.G) against the provincial and federal governments requesting that they be issued marriage licences. [7] [8] The partners who brought the suit were Brian Mombourquette and Ross Boutelier, Kim Vance and Samantha Meehan (who had married in Toronto in 2003 and sought recognition of their marriage at home in Nova Scotia), and Ron and Bryan Garnett-Doucette. The couples were represented by Foreman, also a lawyer at the law firm Wickwire Holm in Halifax. Premier John Hamm said the provincial government would not oppose the court bid. [9]
On September 24, 2004, Justice Heather Robertson of the Nova Scotia Supreme Court ruled that the ban on same-sex marriages violated the Canadian Charter of Rights and Freedoms and ordered the province to recognize same-sex unions. [10] Ron and Bryan Garnett-Doucette were the first same-sex couple to obtain a marriage licence in Nova Scotia, receiving a licence in Halifax just hours after the ruling was handed down. [9] They said, "We feel really, really good. It's a great day to be a Nova Scotian." Neither the federal nor the provincial governments opposed the ruling, continuing the trend set with the Yukon and Manitoba rulings. Attorney General Baker said, "We certainly did not want to waste taxpayers' money", and Premier Hamm said the province would abide by the court's decision. Leader of the Opposition Darrell Dexter praised the court ruling. Terrence Prendergast, the Archbishop of Halifax, condemned the court decision, stating that "marriage is a natural institution that precedes all social, legal and religious systems", "We must recognize this decision as the end of state support for marriage as we have always known it." [9]
An odd proviso to the post-ruling status was that, until a formal change to the provincial Solemnization of Marriage Act, the Minister of Justice still required the terms "husband and wife" to be used by justices of the peace in any wedding. This stance by the Justice Ministry was categorised by some as heterosexist. Shortly afterwards, following warnings of further legal action by the couples' lawyer, the policy was changed to remove that requirement. [11] The Solemnization of Marriage Act (French : Loi sur le mariage; Mi'kmaq : Malieꞌwuti Tplutaqan; Scottish Gaelic: Achd a' Pòsaidh), however, was not modified to this effect. Only in October 2017 did the House of Assembly approve a bill replacing references to "husband and wife" in the Act with the gender-neutral term "spouses". [12] [13] The bill passed its third reading on 20 October and received royal assent by Lieutenant Governor Arthur LeBlanc six days later.
The 2016 Canadian census showed that there were 2,250 same-sex couples living in Nova Scotia. [14] 126 same-sex marriages were solemnised in the province in 2017, accounting for 3% of all marriages, with 87 (69%) of these being between lesbian couples. [15]
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 bless and perform same-sex marriages. In September of the same year, Bishop Ron Cutler of the Diocese of Nova Scotia and Prince Edward Island issued a pastoral letter allowing local parishes to perform same-sex marriages. [16]
Some other religious organisations also perform same-sex marriages in their places of worship, including the United Church of Canada, [17] Quakers, [18] the Evangelical Lutheran Church in Canada, [19] and the Canadian Unitarian Council. [20] The First Baptist Church in Halifax also performs same-sex marriages, and in April 2023 ordained its first married lesbian minister. [21]
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.
This is a list of notable events in the history of LGBT rights that took place in the year 2004.
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 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 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.
The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of the Constitution Act, 1867. However, section 92(12) of the Constitution Act, 1867 gives the provincial legislatures the power to pass laws regulating the solemnization of marriage.
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 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 Prince Edward Island 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.
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.
Brent Hawkes, is a Canadian clergyman and gay rights activist.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Canadian lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized 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 became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
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.
Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage. North Carolina was the 28th U.S. state to legalize same-sex marriage.
