Gays still fighting for marital rights
by Julie Hawrishok
OTTAWA | Sept. 27, 2002 - In January 2001, Kevin Bourassa and Joe Varnell were married in a double ceremony at the Metropolitan Community Church of Toronto. There were two brides and two grooms, and that was where tradition stopped.
Bourassa and Varnell fought many legal battles to be the first legally married same-sex couple in North America. The other couple married that day were Anne and Elaine Vautour, the first lesbians wed at the church.
Rev. Brent Hawkes, who married them, says, "We look forward to the day when Canada embraces the diversity of all people, and legally recognizes what God already knows - that love has no bounds."
The marriages caused some uproar in the Ontario government, which had agreed the term "marriage" specified a union only between "man and woman." The day after the double wedding, the government announced it wouldn't recognize the marriages.
Bourassa says the current laws on same-sex marriages are "discriminatory." He is spearheading mass e-mail campaigns, asking for political support and recognition for same-sex unions. His campaigns have targeted the Prime Minister and the justice minister, among others. He has appealed directly to such prominent political leaders as Joe Clark, who sent an e-mail to Bourassa saying, "To ignore the gay and lesbian community for fear of public criticism would be to deny them the dignity that each of us is owed."
Historical Fight over Definitions
The debate on same-sex marriages has become more prominent because of some recent provincial judgments in favour of these unions. In late 1999, the government of Ontario amended 67 pieces of legislation to include "same-sex partners." These partners were afforded the same protections under the law as common-law heterosexual couples. The government, however, felt compelled to preserve the traditional definition of "spouse."
They made it clear the only reason for introducing the amendments was a provincial Supreme Court ruling that forced them to do so. The Supreme Court of Ontario decided banning gay and lesbian marriage is an "egregious infringement" of the Charter of Rights.
In July 2002, the Ontario provincial courts declared restrictions on same-sex marriage to be unconstitutional. The definition of "marriage" was ordered changed from, "the voluntary union of one man and one woman to the exclusion of all others," to, "the voluntary union of two persons to the exclusion of all others."
The Quebec Superior Court ruled in September 2002 that the legal definition of marriage as a union between a man and a woman is unconstitutional. That definition, it ruled, is discriminatory and unjustified under the Charter of Rights and Freedoms. A Quebec judge has demanded the federal government change the definition of marriage within two years.
Canada split
Shortly after the Ontario court ruling, Manitoba became the third province to recognize same-sex marriages. In the Maritimes, same-sex partners have been legally granted some of the same rights as their heterosexual counterparts. In June 2001, the Nova Scotia government recognized same-sex unions under new registered domestic partnership legislation, though these are not formally recognized as marriages.
In April of this year, the government of Newfoundland and Labrador lifted the barriers and is allowing same-sex couples to adopt children.
Saskatchewan has amended the definition of "spouse" in 24 pieces of legislation, to give same-sex couples equality with opposite-sex married couples.
Farther west, things are different.
In October 2001, a British Columbia court ruled that discrimination against gays and lesbians is justified. Gay-rights advocates are currently appealing the decision.
The Alberta government of Premier Ralph Klein is against same-sex marriages. The province has promised to "protect the definition of marriage to include only male-female couples," says Jason Chance, spokesperson for the Alberta Ministry of Justice. The Klein government will take any steps necessary to protect the definition, and has threatened to invoke the notwithstanding clause of the Charter of Rights and Freedoms. This clause allows a province to opt out of Canada's constitution rather than make a ruling on the issue.
Politicking
Chance says Albertans are too deeply rooted in "religious institutions and tradition" to accommodate gay and lesbian marriages. The provincial government is not against same-sex relationships, he says.
"What Alberta has done instead is introduce a new legislation to address the needs of unmarried, committed couples."
The new legislation is the proposed Adult Interdependent Relationships Act, created as part of Alberta's Family Law Reform policy.
"It's a proactive step ensuring everyone has equal access to the law - regardless of sexual orientation," Chance says.
Alberta's policy "reflects a responsible take" on same-sex marriage, says Patrick Charette, spokesperson for federal Justice Minister Martin Cauchon. However, the Department of Justice is working on a discussion to address concerns with these marriages. Although marriage and divorce law are under federal jurisdiction, recognition of marriage is up to the individual provinces.
"The government would like to have more legal clarification. There is a need to change the definition of marriage. It is a complex issue. Some provinces recognize benefits like the Canada Pension Plan, others don't. We'll just have to see what happens further down the road."