Same-sex marriage in Prince Edward Island

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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. [1] [2]

Contents

Background

On December 10, 2004, Premier Pat Binns said that his government would wait for federal legislation to resolve the issue. It is unclear how Binns would have reacted if a provincial court had found the heterosexual definition of marriage in violation of the Charter rights of gays and lesbians. [2] A spokeswoman for a local LGBT group said in June 2005 that the province should legalize same-sex marriage "right away", noting that the island often lacked behind the rest of Canada on the issue of LGBT rights, "It's also sad to think in a province that could actually lead, on this particular issue, that they choose to stand by and wait for the federal government to make the decision. Thereby not having anyone in government make the commitment to these human rights issues."

Civil Marriage Act

After the House of Commons of Canada passed the Civil Marriage Act in June 2005, provincial Attorney General Mildred Dover announced that the province would bring provincial legislation in line with the law, "We have said all along that we would comply if the federal government passed same-sex legislation. They have the power to define marriage. We're looking at the possibility of bringing in an omnibus bill that would say something to the effect of wherever the word spouse appears in our legislation, it includes same-sex and heterosexual marriages." The Act passed through the Canadian Senate on July 19 and received royal assent the next day on July 20, 2005, extending same-sex marriage rights across all of Canada. [3]

However, Ms. Dover announced that marriage licences would not be issued to same-sex couples until the province's laws were updated. [4] This was different from how the process had worked in other provinces; in those where courts called for same-sex marriage, and in Alberta after the Civil Marriage Act was passed. On July 22, Prince Edward Island was the only remaining province in the country where same-sex couples could not marry in practice. Dover said, "We'll do it as quickly as we can. We didn't prepare beforehand because, if we had prepared and changed all the wording, then people would say 'Why did you do that when it hadn't passed?'" Complaints immediately arose charging that the delay imposed by the province was illegal and violated the legal rights of same-sex couples. In response to these complaints, the province reversed its position. The first same-sex couple to wed on Prince Edward Island were Dr. Chris Zarow and Constance Majeau on August 20, 2005 in Vernon Bridge, as reported by the Charlottetown Guardian . [2] Reverend Barry King officiated at the ceremony. He said: "Today we celebrate the beginning of a journey for Connie and Chris. This journey is filled with joy because it's filled with love. Connie and Chris chose this path because they love each other."

Provincial legislation

In May 2008, provincial law was finally brought in line with the federal legislation. A bill amending the Marriage Act, the Adoption Act and several other acts regarding family law was passed by the Legislative Assembly of Prince Edward Island and given royal assent by Lieutenant Governor Barbara Oliver Hagerman. The law replaced references to "husband and wife" with the gender-neutral term "spouses", and the Adoption Act was amended to allow married same-sex couples to adopt children jointly. [5] The law took effect on 19 December 2009. [6]

Prince Edward Island legislation also recognises cohabitation agreements which can be entered into by two unmarried people who live together. It is a written agreement recognised by the provincial Family Law Act that sets out rights and responsibilities for common-law partners. [7] The agreement provides partners with some, but not all, of the rights and benefits of marriage. Common-law partners have the same rights to spousal support, child support and child custody as married couples. However, common-law couples are treated differently to married spouses with regard to inheritance and property rights. They have no right to inheritance if the partner were to die, and do not have the right to division of property or to stay in the common home upon separation or the death of the partner. [8]

Marriage statistics

The 2016 Canadian census showed that there were 230 same-sex couples living in Prince Edward Island. [9]

Religious performance

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 perform same-sex marriages. [10] 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. [11]

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 found it "great that in Canada, two people of the same sex can get married", while 26% disagreed. [12]

See also

Related Research Articles

<span class="mw-page-title-main">Prince Edward Island</span> Province of Canada

Prince Edward Island is one of the thirteen provinces and territories of Canada. While it is the smallest province in terms of land area and population, it is the most densely populated. The island has several nicknames: "Garden of the Gulf", "Birthplace of Confederation" and "Cradle of Confederation". Its capital and largest city is Charlottetown. It is one of the three Maritime provinces and one of the four Atlantic provinces.

<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.

This is a list of notable events in the history of LGBT rights that took place in the year 2004.

Patrick George Binns, is a Canadian diplomat, the 30th premier of Prince Edward Island from 1996 to 2007 and Canadian Ambassador to Ireland from 2007 to 2010.

<span class="mw-page-title-main">Civil Partnership Act 2004</span> United Kingdom legislation

The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.

<span class="mw-page-title-main">Neil McLeod (politician)</span> Canadian politician

Neil McLeod was a Prince Edward Island lawyer, judge, politician, the fifth premier, and Leader of the Opposition during the amalgamation of the Prince Edward Island legislature. He was born at Uigg on the island to Roderick McLeod and Flora McDonald, Baptist immigrants from the Isle of Skye in Scotland. He was educated at the Uigg Grammar School and in Wolfville, Nova Scotia, articled in law at Charlottetown and was called to the bar in 1873. Four years later, his marriage to the beloved Isabella Jane Adelia Hayden, the Methodist granddaughter to Irish Roman Catholic immigrant and merchant John Roach Bourke, furthered Gaelic intersections among Islander cultural enclaves. McLeod was the child of immigrants from the Isle of Skye and transcriptions identified him as both "Neil McLeod" and "Neil MacLeod", in publications as well as legal documents, after the 1886 election of Angus MacLeod. Historians continue to research his positions on the 1882 replacement of French-language texts with bilingual readers for French Acadians, late nineteenth-century prohibitions on Canadian Gaelic, and corporal punishment in Prince Edward Island schools. During this period, McLeod practiced law with partner Edward Jarvis Hodgson before joining the McLeod, Morson, and McQuarrie law firm. He also served as Commissioner for the Poor House and as a "trustee" to the public Prince Edward Island Hospital for the Insane, which replaced the Lunatic Asylum following a Grand Jury inquest. In 2019, mental health officer and occupational therapist Tina Pranger examined the presents and pasts of the Hillsborough Hospital, providing a summation of previous assessments of the inquest by historians and curators.

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.

<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 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 New Brunswick</span>

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 to recognise same-sex marriage, and the twelfth worldwide.

<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 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.

This is a list of notable events in the history of LGBT rights that took place in the year 2005.

<span class="mw-page-title-main">LGBT rights in Canada</span> Rights of LGBT individuals in Canada

Canadian lesbian, gay, bisexual, and transgender (LGBT) 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.

<span class="mw-page-title-main">Foundation for Equal Families</span>

The Foundation for Equal Families is a Canadian gay and lesbian rights group founded in 1994 following the failure of Bill 167 in the Legislative Assembly of Ontario. The group's mandate is "Dedicated to achieving recognition and equality for same sex relationships and associated family rights through education and legal action". Meeting this mandate was accomplished by intervening in various precedent-setting legal cases, through representation at various pride parades and most notably in suing the Canadian federal government over failure to amend 58 pieces of federal legislation that were charter-infringing due to the definition of spouse.

<i>Equality Rights Statute Amendment Act</i> Ontario, Canada statute

The Equality Rights Statute Amendment Act,, commonly known as Bill 167, was a proposed law in the Canadian province of Ontario, introduced by the government of Bob Rae in 1994, which would have provided cohabiting same-sex couples with rights and obligations mostly equal to those of opposite-sex couples in a common-law marriage by amending the definition of "spouse" in 79 provincial statutes. Despite the changes, the bill did not formally confer same-sex marriage rights in the province, as the definition of marriage in Canada is under federal jurisdiction; instead, the bill proposed a status similar to civil unions for same-sex couples, although it was not explicitly labelled as such since the term was not yet in widespread international use.

References

  1. "P.E.I. proclaims same-sex marriage amendments". Charlottetown: Canadian Broadcasting Corporation. 21 December 2009. Archived from the original on 2011-05-11. Retrieved 10 March 2011.
  2. 1 2 3 "Same-sex marriage in the province of Prince Edward Island, Canada". Kingston: Ontario Consultants on Religious Tolerance. 9 July 2005. Retrieved 10 March 2011.
  3. (Globe and Mail) Archived July 9, 2005, at the Wayback Machine
  4. "P.E.I. at a loss for words over same-sex marriage". Charlottetown: Canadian Broadcasting Corporation. 22 July 2005. Archived from the original on 2013-01-15. Retrieved 10 March 2011.
  5. "Domestic Relations Act" (PDF). Prince Edward Island Legislative Assembly. Retrieved February 13, 2016.
  6. TABLE OF PUBLIC ACTS
  7. "Family Law Act" (PDF). www.princeedwardisland.ca. Retrieved 20 March 2022.
  8. "Living Together" (PDF). Community Legal Information Association of PEI, Inc. Retrieved 20 March 2022.
  9. "Families, households and marital status: Prince Edward Island". 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. "A Pastoral Letter with Respect to Same Sex Marriage". Diocese of Nova Scotia and Prince Edward Island.
  12. I find it great that in our society, two people of the same sex can get married, CROP Panorama