Canadian Court Rules Gay Marriages Are Valid
Originally published by Reuters, July 12, 2002
TORONTO (Reuters) — A court in the powerful province of Ontario made Canadian history on Friday by ruling that the provincial government must register gay and lesbian marriages.
In the first such decision by any court in the country, the Ontario Superior Court said it would give the provincial government two years to afford same-sex unions the same rights as a marriage between a man and a woman.
"The status and incidence inherent in the foundational institution of marriage must be open to same sex couples," said the unanimous ruling by a three-judge panel.
Gay activists hailed the decision as a major victory. But their battle may not be over yet, since the definition of who can get married in Canada is solely a federal jurisdiction.
The federal justice ministry in Ottawa, which insists a marriage must be between a man and a woman, has 15 days to decide whether to appeal.
A ministry spokesman said the ruling was "very interesting" but declined to comment further.
The Ontario government also has the right to appeal.
The Ontario ruling came in response to a lawsuit launched by gay couple Joe Varnell and Kevin Bourassa after the Ontario government refused to register their marriage last year.
"The government can no longer continue to treat gays and lesbians as second-class citizens," Varnell told CBC television from the Toronto church where he and Bourassa were married.
"I'm confident that this ruling will resonate for people across Canada and indeed around the world."
Canadian gay activists now want Ottawa to follow the lead of the Netherlands, which last year became the first country to allow same-sex couples to marry and adopt children.
The Canadian Parliament overhauled 68 federal statutes in 2000 to erase most legal differences between heterosexual and homosexual couples. But lawmakers drew the line at changing the definition of marriage.
A spokesman for the Ontario provincial government said it was up to Ottawa to take the next step but he did not rule out an Ontario appeal.
"They (the judges) have really put the government on the spot. In two years they are asking them to look at their definition of marriage and make changes to that," Ben Hamilton told Reuters.
Gay activists said the ruling in Ontario—where more than a third of Canada's 30 million people live—would have major repercussions in the provinces of British Columbia and Quebec, where similar cases are before the courts.
"This ruling in Ontario, as strongly worded as it is, makes it very, very difficult for judges in Quebec … and British Columbia to ignore the reasoning that was taken here," said Varnell.
Douglas Elliott, one of the lawyers involved in the Ontario case, said the ruling was not just a victory for the country's gays and lesbians.
"Canada has a rich culture of human rights. Our respect for diversity and our religious tolerance is what makes Canada a great society. Today's victory is a victory for our entire country," he told a Toronto news conference.
