Same-sex marriage in New Brunswick

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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. [1] 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.

Contents

Background

Following a number of court rulings in other provinces and territories recognizing the right of same-sex couples to marry, Attorney General Brad Green announced in September 2004 that New Brunswick would not follow in the footsteps of Nova Scotia in issuing marriage licences to same-sex couples. He argued that the definition is a federal matter, and the province would recognize only marriages between a man and a woman until the Government of Canada comes up with another definition (as it finally did with the Civil Marriage Act in 2005). In December 2004, Premier Bernard Lord indicated that if and when the federal government passes such legislation, his government would comply with it. He also indicated he would comply with a court ruling, even though he was personally opposed to same-sex marriage, and promised to push for the passage of a provincial law protecting religious groups from being sued if they refuse to marry same-sex couples. The leader of the New Brunswick New Democratic Party, Elizabeth Weir, welcomed the Supreme Court's findings in Reference Re Same-Sex Marriage . [1]

Court ruling

In April 2005, four same-sex couples filed a court challenge, Harrison v. AG of Canada, against the government's policy of denying marriage licences to same-sex couples. The couples included prominent New Brunswick gay rights advocate Art Vautour-Toole and his husband Wayne Toole (who had married in Ontario), as well as Catherine Sidney and Bridget McGale, who were denied a licence in Saint John, Wayne Harrison and Ross Leavitt, and James Crooks and Carl Trickey. [2] Their lawyer, Allison Menard, agreed to represent the couples in court free of charge. The case named both the provincial and federal attorneys general as defendants, Brad Green and Irwin Cotler. Menard told The Globe and Mail : "Because Parliament is not doing its job, these couples are being forced to make their challenge in court." A spokesman for Canadians for Equal Marriage confirmed that the couples were "frustrated" with the parliamentary delay in passing the Civil Marriage Act, "It is clear that this court action is a last resort taken by gay and lesbian couples in New Brunswick who want to join the other nearly 90 percent of Canadians who live in jurisdictions where same-sex couples have the right to marry, They don't have that right in New Brunswick, even though they are Canadian citizens, taxpayers and contributing members of their community." [1]

On June 23 of that year, Judge Judy Clendenning of the Court of Queen's Bench of New Brunswick in Moncton ruled that the province's failure to issue marriage licences to same-sex couples was a violation of their Charter rights, in accordance with court rulings in other provinces. [3] She allowed a ten-day grace period to the government to make the necessary administrative adjustments, after which it had to begin issuing same-sex marriage licences. This was less than a month before the Parliament of Canada made same-sex marriage legal throughout the country. The new licences became available on July 4. [4] This decision meant that about 90% of the Canadian population were living in provinces and territories where same-sex marriage is legal. The federal Civil Marriage Act which received royal assent on July 20, 2005, expanded this number to cover the entire country.

Provincial legislation

In March 2007, the Legislative Assembly of New Brunswick amended the provincial Family Services Act to allow same-sex couples to adopt. [5] The amendments took effect on 1 February 2008. [6] In December 2008, the Assembly made numerous amendments to the Marriage Act (French : Loi sur le mariage) and other acts regarding family law, replacing references to "husband and wife" with the gender-neutral term "spouses". [7] The legislation received royal assent by Lieutenant Governor Herménégilde Chiasson on 19 December 2008.

New Brunswick legislation recognises cohabitation agreements (French : convention de vie comune) which can be entered into by two unmarried people who live together. It is a written agreement recognised by the provincial Family Services Act that sets out rights and responsibilities for common-law partners. The agreement provides partners with several, but not all, of the rights and benefits of marriage. Common-law partners are allowed to make medical decisions for each other in the case one partner is unable to (e.g. accident), enjoy the same tax benefits as married spouses, are required to support one another, and may be entitled to share pension credits if the partners have lived together continuously for two years. However, common-law partners lack some of the rights and benefits afforded to married couples, namely that they do not enjoy the same property and inheritance rights as married spouses upon the breakdown of the relationship or the death of the partner. Goods that were purposely intended and acquired for common use by the couple will generally be divided upon separation, but goods acquired by one partner only will generally not be divided and only the partner that purchased the goods will be entitled to them. This is not the case for married couples, as the Marital Property Act provides an equal division of marital property to married spouses. Common-law partners are also not recognised as an heir upon the death of the partner and may not inherit the partner's property, unless explicitly mentioned in a will. However, the Provision for Dependants Act allows a surviving common-law partner to ask a court to order the deceased partner's estate to provide support based on a "dependant" status if the deceased partner did not provide for the surviving partner through a will. [8]

Marriage statistics

The 2016 Canadian census showed that there were 1,435 same-sex couples living in New Brunswick. [9]

Religious performance

Bishop David Edwards of the Diocese of Fredericton voted against a motion to authorise same-sex marriage in the Anglican Church of Canada in July 2019. The motion to permit same-sex marriage was narrowed rejected, [10] and instead the church synod passed a resolution known as "A Word to the Church", allowing its dioceses to choose whether to perform same-sex marriages. Edwards supported the resolution, later saying that "during the Fall, discussions will take place in dioceses across the country, including ours, as to how to respond to the outcome of General Synod". [11]

The Unitarian Fellowship of Fredericton, a congregation of the Canadian Unitarian Council, has been performing same-sex marriage ceremonies since the 1960s. [12]

Public opinion

A 2017 CROP poll showed that 78% of respondents in Atlantic Canada supported same-sex marriage, but did not give a figure for each Atlantic province individually. Nationwide, 74% of Canadians were of the same view, while 26% disagreed. [13]

See also

Related Research Articles

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married and subsequent cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common law marriage, but will typically respect the validity of such a marriage lawfully entered in another state or country.

<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.

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.

<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, 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.

<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.

<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 Alberta</span>

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.

<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 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>

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.

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

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.

<span class="mw-page-title-main">Marriage in England and Wales</span> United Kingdom legislation

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<span class="mw-page-title-main">Legal status of same-sex marriage</span> Overview of the legal status of same-sex marriage

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Common-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to unmarried couples. Registration is voluntary; many of the laws apply automatically to any couple in the province after living together for several years.

<i>Family Law Act</i> (Ontario) Ontario, Canada statute

The Family Law Act is a statute passed by the Legislature of Ontario in 1986, regulating the rights of spouses and dependants in regard to property, support, inheritance, prenuptial agreements, separation agreements, and other matters of family law. In 1999, this statute was the subject of a watershed ruling in M. v. H. by the Supreme Court of Canada that established the equality of spousal rights for same-sex couples under Canadian law.

Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.

References

  1. 1 2 3 "Same-sex marriage in the New Brunswick, Canada". Kingston: Ontario Consultants on Religious Tolerance. 29 April 2005. Retrieved 10 March 2011.
  2. ↑ "N.B. same-sex couples seek right to marry". Canadian Broadcasting Corporation. 25 April 2005. Retrieved 10 March 2011.
  3. ↑ "Court legalizes gay marriage in New Brunswick". CTV. 24 June 2005. Archived from the original on 29 June 2011. Retrieved 10 March 2011.
  4. ↑ "All systems go for same-sex marriage in New Brunswick". Canadian Broadcasting Corporation. 4 July 2005. Archived from the original on 7 November 2012. Retrieved 10 March 2011.
  5. ↑ Sexual Orientation and Legal Rights
  6. ↑ Family Services Act, SNB 1980, c F-2.2
  7. ↑ "Modernization of Benefits and Obligations Act" (PDF). Government of New Brunswick. Retrieved February 13, 2016.
  8. ↑ "Living Common-Law: Rights and Responsibilities". Public Legal Education and Information Service of New Brunswick. Retrieved 19 February 2022.
  9. ↑ "Families, households and marital status: New Brunswick". www12.statcan.gc.ca. 8 February 2017.
  10. ↑ Zeidler, Maryse (13 July 2019). "Anglican Church rejects same-sex marriage approvals in vote". CBC News.
  11. ↑ "Statement from the Bishop of Fredericton, The Rt Rev. David Edwards". Diocese of Fredericton. July 16, 2019.
  12. ↑ "All systems go for same-sex marriage in New Brunswick". CBC News. 4 July 2005.
  13. ↑ I find it great that in our society, two people of the same sex can get married, CROP Panorama
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