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 LGBTQportal |
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.
In 2000, Michael Hendricks and René Leboeuf applied for a marriage licence, but were turned down by a clerk who read out the sections of provincial law that defined marriage as being between "a man and a woman". After the rejection, they filed suit against the Government of Quebec, alleging that its refusal to perform and recognise same-sex marriage violated the Canadian Charter of Rights and Freedoms (Charte canadienne des droits et libertés). [lower-alpha 1] Two conservative organisations, the Evangelical Fellowship of Canada and the Catholic Civil Rights League, were granted intervenor status in the case, Hendricks and Leboeuf v. Quebec. The lawsuit was heard in the Quebec Superior Court on 8, 9, 12, 13, 14, 15 and 16 November 2001. The provincial and federal governments had initially opposed the court bid; provincial Attorney General Paul Bégin argued that "gays and lesbians were not suffering any form of discrimination in [Quebec]", while federal Attorney General Anne McLellan argued that the definition of marriage was at the Parliament of Canada's discretion and not a matter for the courts to decide. [4] A lawyer representing the conservative religious groups argued that if the court ruled in favor of same-sex marriage "[h]is heterosexual clients would no longer be able to marry. That is because, to them, marriage is a heterosexual institution." Daniel Cere, a Catholic professor at McGill University, who filed an affidavit for the court, said that same-sex marriage "would fracture the basis of shared religious and civil peace in the province". Rabbi David Novak also filed an affidavit for the court, stating that same-sex marriage would "create a schism between Jews and the rest of society", and said that Judaism "expect[ed] them [gay people] to remain celibate for life". Other affidavits from religious groups included one from an anonymous Muslim imam, stating that same-sex marriage "would invalidate Muslim beliefs, preventing Muslims from full participation in Canadian society", while one from a conservative Protestant professor at Regent College said that same-sex marriage "would drive a stake into the heart of Protestant beliefs". [4]
Attorney Noël Saint-Pierre argued that denying marriage rights to same-sex couples constituted unfair discrimination as they were unable to access many legal benefits often taken for granted by married opposite-sex couples, such as alimony, immigration rights, child support, hospital visitation rights, and protection from domestic violence, among others. Saint-Pierre also refuted the religious groups' claims, citing the Netherlands, where same-sex marriage has been legal since 2001: "The fears of the religious conservatives did not materialize. Christians did not stop marrying. Jews did not flee the country." [4] Judge Louise Lemelin ruled in the couple's favour on September 6, 2002. The court gave the federal government two years in which to modify federal law to allow gays and lesbians to marry. A lawyer representing the plaintiff couple told the Montreal Gazette :
What makes the Quebec victory important for all of Canada is that [Judge Lemelin] had the chance to look at a civil-union law and to comment herself as to whether that would be enough of a solution for gay and lesbian couples. But Judge Lemelin said in very strong terms that a civil union, as wonderful as it is because of all the economic rights that it gives, is still not marriage.
The federal government filed an appeal of the decision of the Superior Court on September 9, 2002, but abandoned that appeal in 2003, the year same-sex marriage was legalized in Ontario and British Columbia. The case continued, with the group of religious conservatives opposing the plaintiffs' claims. The group argued that the legalisation of same-sex marriage was unconstitutional under the Constitution Act, 1867 , would prevent heterosexual couples from marrying and would "weaken the meaning of marriage". On March 19, 2004, the Quebec Court of Appeal ruled similarly to the Ontario and British Columbia courts, upholding Hendricks and Leboeuf in a unanimous 5–0 vote, and ordering that it take effect immediately. [4] Hendricks and Leboeuf immediately sought a marriage licence; the usual 20-day waiting period was waived, and they were wed on April 1 at the Palais de justice in Montreal. Hendricks said, "The floodgates seem to be open and it looks like Canada is going to become the first North American country that has equal marriage... This is wonderful." [5] Following the court decision, provincial Attorney General Marc Bellemare announced that the government would abide by the ruling. [4] The Quebec decision meant that more than two-thirds of the Canadian population were living in provinces where same-sex marriage is legal. [6] Subsequent cases, as well as federal legislation, have expanded this number to cover the entire country.
In 2002, the National Assembly of Quebec unanimously passed a bill legalising civil unions for both same-sex and opposite-sex partners, offering many of the same rights, benefits and responsibilities as marriage, [7] including the right to adopt children jointly. Civil unions are performed by court clerks, notaries, mayors, members of municipal councils or borough councils, municipal officials or authorised religious officiants. Once the document is signed by both partners and the witnesses, the union is formally registered with the Director of Civil Status. Quebec civil unions are not recognised in other parts of Canada or other countries.
In November 2004, the National Assembly enacted An Act to amend the Civil Code as regards marriage (French : Loi modifiant le Code civil relativement au mariage), amending the Civil Code of Quebec to replace references to "husband and wife" with "spouses" and permit civil unions to be converted to marriages. [8] Quebec became the first province in Canada to bring its laws in line with the legalisation of same-sex marriage and add a gender-neutral definition of spouse in its marriage laws.
From 2004 to 2023, 11,087 same-sex marriages were performed in Quebec, representing about 2.5% of all marriages contracted during that time. [9] [10] There were also 1,282 same-sex civil unions performed during this same time period, representing about 20% of all civil unions.
Between 2004 and 2008, 17% of same-sex marriages were between couples from other provinces or territories, or from the United States. [11] The following table shows the number of marriages and civil unions performed in Quebec as per data published by the Institut de la statistique du Québec. Figures for 2020 and 2021 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.
| Year | Same-sex marriages | Total marriages | % same-sex | Same-sex civil unions | Total unions | % same-sex | ||||
|---|---|---|---|---|---|---|---|---|---|---|
| Female | Male | Total | Female | Male | Total | |||||
| 2002 | - | - | - | - | - | 69 | 87 | 156 | 166 | 94.0% |
| 2003 | - | - | - | - | - | 134 | 140 | 274 | 342 | 80.1% |
| 2004 | 97 | 148 | 245 | 21,279 | 1.15% | 31 | 48 | 79 | 179 | 44.1% |
| 2005 | 173 | 278 | 451 | 22,244 | 2.03% | 24 | 35 | 59 | 172 | 34.3% |
| 2006 | 272 | 349 | 621 | 21,956 | 2.83% | 19 | 34 | 53 | 216 | 24.5% |
| 2007 | 216 | 251 | 467 | 22,147 | 2.11% | 17 | 26 | 43 | 241 | 17.8% |
| 2008 | 186 | 262 | 448 | 22,053 | 2.03% | 25 | 44 | 69 | 270 | 25.6% |
| 2009 | 222 | 291 | 513 | 22,588 | 2.27% | 26 | 28 | 54 | 239 | 22.6% |
| 2010 | 234 | 281 | 515 | 23,199 | 2.22% | 19 | 36 | 55 | 280 | 19.6% |
| 2011 | 256 | 237 | 493 | 22,903 | 2.15% | 27 | 32 | 59 | 240 | 24.6% |
| 2012 | 259 | 255 | 514 | 23,504 | 2.19% | 26 | 33 | 59 | 288 | 20.5% |
| 2013 | 306 | 286 | 592 | 23,181 | 2.55% | 23 | 27 | 50 | 290 | 17.2% |
| 2014 | 291 | 286 | 577 | 22,429 | 2.57% | 20 | 17 | 37 | 240 | 15.4% |
| 2015 | 285 | 315 | 600 | 22,441 | 2.67% | 15 | 22 | 37 | 228 | 16.2% |
| 2016 | 317 | 343 | 660 | 21,958 | 3.01% | 13 | 13 | 26 | 223 | 11.7% |
| 2017 | 336 | 343 | 679 | 22,883 | 2.97% | 17 | 22 | 39 | 219 | 17.8% |
| 2018 | 385 | 323 | 708 | 22,841 | 3.10% | 18 | 17 | 35 | 237 | 14.8% |
| 2019 | 365 | 317 | 682 | 22,284 | 3.06% | 13 | 20 | 33 | 207 | 16.4% |
| 2020 | 192 | 206 | 398 | 11,326 | 3.51% | 7 | 12 | 19 | 119 | 16.0% |
| 2021 | 245 | 245 | 490 | 14,708 | 3.33% | 5 | 8 | 13 | 117 | 11.1% |
| 2022 | 371 | 331 | 704 | 22,908 | 3.07% | 8 | 11 | 19 | 122 | 15.6% |
| 2023 | 375 | 355 | 730 | 26,688 | 3.22% | 6 | 8 | 14 | 108 | 13.0% |
Several dioceses of the Anglican Church of Canada allow their clergy to bless and perform same-sex marriages. In 2008, the synod of the Diocese of Montreal voted to allow its parishes to bless same-sex unions. The measure includes a freedom of conscience clause for clergy opposed to blessing same-sex unions. [12] In July 2016, Bishop Mary Irwin-Gibson said she would allow her clergy to perform same-sex marriages. [13] The Diocese of Ottawa, which encompasses parts of western Quebec, including the Outaouais region, has also allowed solemnisations of same-sex marriages since 2016. [14] The Diocese of Quebec has allowed blessings of same-sex unions since 2012. [15] Bishop Bruce Myers expressed disappointment in July 2019 when the Anglican Church of Canada narrowly rejected a motion to approve same-sex marriage. On 24 November 2019, the synod of the Diocese of Quebec voted 37–6 to request Bishop Myers to authorise the solemnisation of same-sex marriages. [16] In response to the request, Myers said, "You'll here more from me, because… what this motion also expects is that I will come back to the diocese with some specifics around how such a request would be implemented, and being clear about things like safeguards for those who do not wish to exercise and offer this ministry." [17] On the other hand, same-sex marriages are not performed in the Diocese of Moosonee, which encompasses the northwestern Eeyou Istchee communities. The marriage canon of the Anglican Church of Canada serves as the canon on marriage in the diocese. [18] Similarly, the Diocese of The Arctic, encompassing the northern Nunavik region, does not allow its parishes to perform same-sex marriages. [19]
Some other religious organisations also perform same-sex marriages in their places of worship, including the United Church of Canada, [20] Quakers, [21] the Evangelical Lutheran Church in Canada, [22] and the Canadian Unitarian Council. [23]
A 2017 CROP poll showed that Quebec had the highest popular support for same-sex marriage in Canada, at 80%. Nationwide, 74% of Canadians found it "great that in Canada, two people of the same sex can get married", while 26% disagreed. [24] [25]
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.
Michael Hendricks and René LeBoeuf are Canadian gay rights advocates. At the height of the AIDS epidemic in the 1980s and 90s, the couple helped lead ACT-UP activists in a fight with the City of Montreal to create a permanent memorial to Quebecers who died of AIDS. After several years trying to stop the grassroots efforts to create the memorial, city officials abandoned their fight in September 1994 and the 'Parc de l'Espoir' was built in the heart of Montreal's gay village.
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 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 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.
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 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.
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.
The General Synod of the Anglican Church of Canada is the chief governing and legislative body of the Anglican Church of Canada (ACC), the sole Canadian representative of the Anglican Communion. The first General Synod session was held in Toronto in 1893, with the proviso that the parameters of its authority would not undermine the local independence of dioceses.
Same-sex unions have been recognised in the microstate of Monaco since 27 June 2020. On 4 December 2019, the National Council passed a bill establishing cohabitation agreements, offering both same-sex and opposite-sex couples limited rights and benefits in the areas of inheritance and property. The law took effect on 27 June.
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.
