Same-sex marriage in Quebec

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.

Court ruling

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 given intevenor 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 to same-sex couples constituted discrimination as they were unable to access many legal rights and benefits often taken for granted by married opposite-sex couples, such as alimony, immigration rights, child support, hospital visitation rights, protection from domestic violence, etc. 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 "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.

Provincial legislation

Civil unions

Main article: Civil unions in Quebec

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.

Marriage

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.

Marriage and civil union statistics

From 2004 to 2022, 10,357 same-sex marriages were performed in Quebec, representing about 2.5% of all marriages contracted during that time. ^[9] There were also 1,268 same-sex civil unions (from 2002 to 2022), representing about 27% 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. ^[10] 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.

Marriages and civil unions in Quebec ^[9]

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	373	331	704	22,873	3.08%	8	11	19	123	15.4%

Religious performance

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. ^[11] In July 2016, Bishop Mary Irwin-Gibson said she would allow her clergy to perform same-sex marriages. ^[12] The Diocese of Ottawa, which encompasses parts of western Quebec, including the Outaouais region, has also allowed solemnisations of same-sex marriages since 2016. ^[13] The Diocese of Quebec has allowed blessings of same-sex unions since 2012. ^[14] 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. ^[15] 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." ^[16]

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. ^[17] Similarly, the Diocese of The Arctic, encompassing the northern Nunavik region, does not allow its parishes to perform same-sex marriages. ^[18]

Public opinion

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. ^{[19] [20]}

See also

• Same-sex marriage in Canada
• LGBT rights in Canada

Notes

1. In some of Quebec's indigenous languages:
   • Cree: ᑳᓈᑖ ᑲᔅᒋᐦᐆᓐᐦ ᑲᔦᐦ ᑲᔦᐦ ᐃᐦᑑᑕᒧᐧᐃᓐᐦ ᐁᑳ ᒉ ᒌ ᐃᒉᓇᐦᑲᓅᑦ ᐊᐧᐁᓐ, ^[1] Kānātā kaschihūnh kayeh kayeh ihtūtamuwinh ekā che chī ichenahkanūt awen
   • Inuktitut: ᑲᓇᑕᒥᐅᑦ ᐱᔪᖕᓇᕐᓂᖏᑦ ᐃᓱᒪᖅᓱᕈᖕᓇᕐᓂᖏᓪᓗ, Kanatamiut Pijuŋnarniŋit Isumaqsuruŋnarniŋillu, ^[2]
   • Mohawk: Aoianerénhsera ne Iakoianerenhserá꞉ien tánon Aiontatewenní꞉iohake, ^[3] pronounced [ao.janɛˈrʌ̃́hsɛranɛjago.janɛrʌ̃hsɛˈrǎːjʌ̃ˈdánũa.jũdadɛwʌ̃ˈnǐːjohagɛ]

References

1. "ᐁ ᐋᐸᒋᐦᑖᑲᓅᒡ ᐁᑎ ᐃᑎᔅᑳᓀᓯᒥᑯᒡ ᐊᔨᒧᐧᐃᓐ ᐁ ᐅᐦᒋ ᓂᔥᑐᐧᐄᔥᑕᑲᓅᒡ ᒉᐧᑳᓐ ᐊᓂᑌᐦ ᒋᔐᐅᒋᒫᐅᐧᐋᔅᑳᐦᐄᑲᓐ ᑲᔦᐦ ᐊᓂᒌ ᑳ ᒫᒨᐱᔥᑕᐧᑳᐤᐦ". ourcommons.ca (in Cree). Archived from the original on 13 October 2021.
2. "ᐊᑐᒐᐅᓂᖏᑦ ᓄᓇᖃᖅᖃᖅᓯᒪᔪᑦ ᐅᖃᐅᓯᖏᑕ ᑲᑎᒪᓂᖏᓐᓂ ᑲᓇᑕᐅᑉ ᑲᑎᒪᔨᕐᔪᐊᖏᑕ ᑲᑎᒪᔨᐊᓚᖏᓐᓂᓗ". ourcommons.ca (in Inuktitut). Archived from the original on 13 October 2021.
3. "Tiohtià:ke Aoianerénhsera ne Iakoianerenhserá:wis tánon Iakoterihwaíen:nis" (PDF). ville.montreal.qc.ca (in Mohawk). Archived from the original (PDF) on 15 May 2021.
4. "Same-sex marriage in Quebec, Canada". Religious Tolerance.
5. "Mariage homosexuel au Québec - Mais oui, il y a eu un débat!". LeDevoir (in French). 24 January 2013.
6. "Dévoilement d'un jugement permettant le mariage entre conjoints de même sexe". bilan.usherbrooke.ca (in French). 20 March 2004.
7. "Bill n°84 : An Act instituting civil unions and establishing new rules of filiation". National Assembly of Quebec . Retrieved February 12, 2016.
8. "Bill n°59 : An Act to amend the Civil Code as regards marriage". National Assembly of Quebec. Retrieved February 12, 2016.
9. "Mariages et unions civiles selon le sexe des conjoints, Québec, 2002-2022". Institut de la statistique du Québec (in French).
10. Asselin, Pierre (3 June 2009). "Le Québec, destination mariage pour couples de même sexe" (in French).
11. Leclerc, Jean-Claude (3 November 2008). "Les mariages gais - Les anglicans de Montréal optent pour la liberté de choix". Le Devoir (in French).
12. Laframboise, Kalina (12 July 2016). "Same-sex marriage in Montreal's Anglican church will go ahead despite vote, bishop says". CBC News.
13. "Bishop John's letter in response to General Synod's vote to amend Marriage Canon XXI" . Retrieved 2016-07-12.
14. "Synode général, réalisations et mariage". Anglican Diocese of Quebec (in French).
15. "Information for delegates to the 85th (Ordinary) Session of the Synod of the Diocese of Quebec". Anglican Diocese of Quebec.
16. Townsend, Matthew (December 2019). "Primate brings to Synod open discussion of change, challenges ahead for church" (PDF). Quebec Diocesan Gazette.
17. "Canons of the Diocese of Moosonee" (PDF). Anglican Diocese of Moosonee. May 13, 2021.
18. "At national gathering, Arctic Anglicans say no to same-sex marriage". Nunatsiaq News. 22 July 2019.
19. I find it great that in our society, two people of the same sex can get married, CROP Panorama
20. Are you in favour of same-sex marriage? 74% of Canadians and 80% of Quebecers support it (and Death in Venice by Benjamin Britten)

External links

• "Same-sex marriage in Quebec, Canada". Religious Tolerance.
• Catholic Civil Rights League v. Hendricks, 2004 CanLII 20538 (QC CA)