HOME

TheInfoList



OR:

Same-sex marriage in Canada was progressively introduced in several provinces by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the ''
Civil Marriage Act The ''Civil Marriage Act'' is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta, Prince Edward ...
'' on July 20, 2005. On June 10, 2003, the
Court of Appeal for Ontario The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Soc ...
issued a decision immediately legalizing
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
in
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
, thereby becoming the first province where it was legal. The introduction of a federal gender-neutral marriage definition made
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
the fourth country in the world, and the first country outside
Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
, 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 in the country 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 Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
had been extended to cohabiting same-sex couples since 1999. The ''Civil Marriage Act'' was introduced by Prime Minister
Paul Martin Paul Edgar Philippe Martin (born August 28, 1938), also known as Paul Martin Jr., is a Canadian lawyer and politician who served as the 21st prime minister of Canada and the leader of the Liberal Party of Canada from 2003 to 2006. The son ...
's Liberal
minority government A minority government, minority cabinet, minority administration, or a minority parliament is a government and cabinet formed in a parliamentary system when a political party or coalition of parties does not have a majority of overall seats in t ...
in the
House of Commons of Canada The House of Commons of Canada (french: Chambre des communes du Canada) is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada. The House of Commo ...
on February 1, 2005, as ''Bill C-38''. It was passed by the House of Commons on June 28, 2005, by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on July 19, 2005, and it received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
the following day. Following the 2006 election, which was won by a
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
minority government under Prime Minister
Stephen Harper Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
, the House of Commons defeated a motion to reopen the matter by a vote of 175 to 123 on December 7, 2006, effectively reaffirming the legislation. This was the third vote supporting same-sex marriage taken by three parliaments under three prime ministers.


Same-sex marriage by province/territory

Same-sex marriage was legally recognized in the provinces and territories as of the following dates: *June 10, 2003:
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
*July 8, 2003:
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, for ...
*March 19, 2004:
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
*July 14, 2004:
Yukon Yukon (; ; formerly called Yukon Territory and also referred to as the Yukon) is the smallest and westernmost of Canada's three territories. It also is the second-least populated province or territory in Canada, with a population of 43,964 as ...
*September 16, 2004:
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
*September 24, 2004:
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
*November 5, 2004:
Saskatchewan Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
*December 21, 2004:
Newfoundland and Labrador Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...
*June 23, 2005:
New Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
*July 20, 2005 (''Civil Marriage Act''):
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest T ...
,
Prince Edward Island Prince Edward Island (PEI; ) is one of the thirteen provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", ...
,
Nunavut Nunavut ( , ; iu, ᓄᓇᕗᑦ , ; ) is the largest and northernmost territory of Canada. It was separated officially from the Northwest Territories on April 1, 1999, via the '' Nunavut Act'' and the '' Nunavut Land Claims Agreement Act'' ...
and the
Northwest Territories The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
Note that in some of these cases, some marriages were in fact legal at an earlier date (for example, an Ontario ruling held that marriages performed in January 2001 were legal when performed), but the legality was questioned. As of the given dates, the legality was authoritatively established. The decision of the
Government of Ontario The government of Ontario (french: Gouvernement de l'Ontario) is the body responsible for the administration of the Canadian province of Ontario. A constitutional monarchy, the Crown—represented in the province by the lieutenant governor� ...
to recognize two marriages that took place in
Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
on January 14, 2001, retroactively makes Canada the first country in the world to have a government-legitimized same-sex marriage (the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
and
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
, which legalized same-sex marriage before Canada, had their first in April 2001 and June 2003, respectively).


Overview

Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
was originally recognized by law as a result of cases in which courts in eight out of the ten Canadian provinces, and in one of its three territories, ruled existing bans on same-sex marriage unconstitutional. Thereafter, many same-sex couples obtained marriage licences in those provinces; like opposite-sex couples, they did not need to be residents of any of those provinces to marry there. The legal status of same-sex marriages in these jurisdictions created an unusual jurisdictional issue. According to the
Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
, the definition of marriage is the exclusive responsibility of the federal government; this interpretation was upheld by a December 9, 2004, opinion of the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
(''
Reference Re Same-Sex Marriage ''Reference Re Same-Sex Marriage'' 0043 S.C.R. 698, 2004 SCC 79, was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada. The ruling was announced December 2004, following argum ...
''). Until July 20, 2005, the federal government had not yet passed a law redefining marriage to conform to recent court decisions. Until the passage of the ''Civil Marriage Act'', the previous definition of marriage remained binding in the four jurisdictions (two provinces and two territories) where courts had not yet ruled it unconstitutional, but void in the nine jurisdictions (eight provinces and one territory) where it had been successfully challenged before the courts. Before the enactment of federal legislation recognizing same-sex marriage, therefore, the application of federal marriage law differed depending on the province or territory. Given the Supreme Court ruling, the role of precedent in Canadian law, and the overall legal climate, it was very likely that any challenges to legalize same-sex marriage in the remaining four jurisdictions would be successful as well. Federal lawyers had ceased to contest such cases, and only Alberta's Conservative provincial government remained officially opposed. Premier
Ralph Klein Ralph Philip Klein (November 1, 1942 – March 29, 2013) was a Canadian politician and journalist who served as the 12th premier of Alberta and leader of the Progressive Conservative Association of Alberta from 1992 until his retirement in 20 ...
of
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest T ...
threatened to invoke the notwithstanding clause of the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
'' to avoid having to comply with the ruling. Many commentators opined that a province likely could not use the notwithstanding clause to avoid recognizing same-sex marriage because the federal government had jurisdiction over marriage. Alberta's own Attorney General,
Ron Stevens Ronald Gordon "Ron" Stevens, Q.C. (September 17, 1949 – May 13, 2014) was a Canadian politician. He was a member of the Legislative Assembly of Alberta representing the constituency of Calgary-Glenmore as a Progressive Conservative until ...
agreed with that conclusion, stating: "Since the court ruled the authority over same-sex marriage falls to the federal government, it is only the federal government who can invoke the notwithstanding clause to maintain the traditional definition of marriage." On June 17, 2003, Prime Minister
Jean Chrétien Joseph Jacques Jean Chrétien (; born January 11, 1934) is a Canadian lawyer and politician who served as the 20th prime minister of Canada from 1993 to 2003. Born and raised in Shawinigan, Shawinigan Falls, Quebec, Chrétien is a law gradua ...
announced that the government would present a bill to grant same-sex couples equal rights to marry. A draft of what would become ''Bill C-38'' was released on July 17, 2003, by Justice Minister
Martin Cauchon Martin Cauchon, (born August 23, 1962) is a Canadian lawyer and politician in Quebec Canada. He is a former Liberal Cabinet Minister in the government of Jean Chrétien. He is married to Dorine Perron and together, they have three children : ...
. Before introducing it into
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, the Federal Cabinet submitted the bill as a
reference Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a '' name'' ...
to the Supreme Court (''Reference Re Same-Sex Marriage''), asking the court to rule on whether limiting marriage to heterosexual couples was consistent with the ''Canadian Charter of Rights and Freedoms'' and if same-sex civil unions are an acceptable alternative. On December 9, 2004, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled that the marriage of same-sex couples is constitutional, that the federal government has the sole authority to amend the definition of marriage, and the Charter's protection of
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
grants religious institutions the right to refuse to perform marriage ceremonies for same-sex couples. Following the Supreme Court's decision, Justice Minister Irwin Cotler introduced ''Bill C-38'' on February 1, 2005, to legalize marriage between persons of the same sex across Canada. The
Paul Martin Paul Edgar Philippe Martin (born August 28, 1938), also known as Paul Martin Jr., is a Canadian lawyer and politician who served as the 21st prime minister of Canada and the leader of the Liberal Party of Canada from 2003 to 2006. The son ...
government supported the bill but allowed a free vote by its
backbench In Westminster and other parliamentary systems, a backbencher is a member of parliament (MP) or a legislator who occupies no governmental office and is not a frontbench spokesperson in the Opposition, being instead simply a member of th ...
MPs in the House of Commons. Defeat of the bill in Parliament would have continued the ''status quo'' and probably incremental legalization, jurisdiction by jurisdiction, via court challenges. This trend could have been reversed only through Parliament passing a new law that explicitly restricted marriage to opposite-sex couples notwithstanding the protection of
equality rights Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods an ...
afforded by the ''Canadian Charter of Rights and Freedoms'' or by amending the Canadian Constitution by inserting the clause "marriage is defined as being between a man and a woman", as was recommended by several conservative religious groups and politicians. Given the composition of the House of Commons at the time, such a measure would have been very unlikely to pass. Premier Klein proposed putting the question to the public at large via a national referendum, but his suggestion was rejected by all four party leaders.


History


Court rulings


Background

In 1999, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled in '' M v H'' that same-sex couples in Canada were entitled to receive many of the financial and legal benefits commonly associated with marriage. However, this decision stopped short of giving them the right to full legal marriage. Most laws which affect couples are within provincial rather than federal jurisdiction. As a result, rights varied somewhat from province to province. On January 14, 2001, Reverend
Brent Hawkes Brent Hawkes, (born June 2, 1950) is a Canadian clergyman and gay rights activist. Early life and education Hawkes was born in Bath, New Brunswick to a Baptist family."Gay rights leader cherishes his New Brunswick roots". '' The Telegraph-Journal ...
forced the issue by performing two same-sex marriages, taking advantage of the fact that Ontario law authorizes him to perform marriages without a previous license, via the issuance of
banns of marriage The banns of marriage, commonly known simply as the "banns" or "bans" (from a Middle English word meaning "proclamation", rooted in Frankish and thence in Old French), are the public announcement in a Christian parish church, or in the town ...
. The registrar refused to accept the records of marriage, and a lawsuit was commenced over whether the marriages were legally performed. In other provinces, lawsuits were launched seeking permission to marry. In 2002 and 2003, decisions in the superior trial courts of Ontario and Quebec held that the restriction of marriage to opposite-sex couples was discriminatory and contrary to the equality clause of the ''Canadian Charter of Rights of Freedoms'', while the
Supreme Court of British Columbia Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motow ...
ruled oppositely. On May 1, 2003, the British Columbia Court of Appeal reversed the superior court decision. *in Ontario: ''
Halpern v. Canada (Attorney General) ''Halpern v Canada (AG)'', 003O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated s ...
'' 95 C.R.R. (2d) 1 (Ontario Superior Court, July 12, 2002) *in Quebec: ''Hendricks v. Quebec'' 002R.J.Q. 2506 (Quebec Superior Court, September 6, 2002) * in British Columbia: ''Barbeau v. British Columbia'' 2003 BCCA 251 (British Columbia Court of Appeal, May 1, 2003) The courts in each case suspended the effect of the declarations of invalidity for two years, to allow the federal government to consider legislative responses to the rulings. However, on June 10, 2003, the
Court of Appeal for Ontario The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Soc ...
ruled on an appeal in the ''Halpern'' case. The court agreed with the lower court that the heterosexual definition of marriage was discriminatory and that same-sex marriage was legally permitted. However, unlike the previous three court decisions, the Court of Appeal did not suspend its decision to allow Parliament to consider the issue. Instead, it ruled that the 2001 marriages were legal and same-sex marriage was available throughout Ontario immediately. The federal government had appealed the trial decisions to the provincial courts of appeal, but following the decision on the Ontario Court of Appeal, Prime Minister Chrétien announced on June 17, 2003, that the federal government would not seek to appeal the decisions to the Supreme Court. Instead, it would propose a draft ''Civil Marriage Act'' and refer it to the Supreme Court for an advisory opinion.


Ontario decision

In 2003, the couples in ''Halpern v. Canada'' appealed the decision, requesting that the decision take effect immediately instead of after a delay. On June 10, 2003, the
Court of Appeal for Ontario The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Soc ...
confirmed that current Canadian law on marriage violated the equality provisions in the ''Canadian Charter of Rights and Freedoms'' in being restricted to heterosexual couples. The court did not allow the province any grace time to bring its laws in line with the ruling, making Ontario the first jurisdiction in
North America North America is a continent in the Northern Hemisphere and almost entirely within the Western Hemisphere. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and th ...
to recognize same-sex marriage. The city of
Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
announced that the city clerk would begin issuing marriage licences to same-sex couples. The first same-sex couple to marry, just hours after the Court of Appeal decision, were Michael Leshner and Michael Stark, long-time advocates for marriage equality for same-sex couples who had been litigants and intervenors in various court cases addressing the issue, including the Court of Appeal decision. The next day, the Ontario Attorney General announced that his government would comply with the ruling. The court also ruled that two couples who had previously had a wedding ceremony in the
Metropolitan Community Church of Toronto The Metropolitan Community Church of Toronto is a congregation of the worldwide Metropolitan Community Church movement located in Toronto, Ontario, Canada and is a welcoming congregation openly affirming lesbian, gay, bisexual, heterosexual and ...
using an ancient common-law procedure called the reading of the banns would be considered legally married. On September 13, 2004, the Ontario Court of Appeal declared the ''Divorce Act'' also unconstitutional for excluding same-sex marriages. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...
.


British Columbia decision

A ruling, quite similar to the Ontario ruling, was issued by the British Columbia Court of Appeal on July 8, 2003. Another decision in B.C. in May of that year had required the federal government to change the law to permit same-sex marriages (see above). The July ruling stated that "any further delay... will result in an unequal application of the law between Ontario and British Columbia". A few hours after the announcement, Antony Porcino and Tom Graff became the first two men to be legally wed in British Columbia.


Quebec decision

On March 19, 2004, the Quebec Court of Appeal ruled similarly to the Ontario and B.C. courts, upholding ''Hendricks and Leboeuf v. Quebec'' and ordering that it take effect immediately. The couple who brought the suit, Michael Hendricks and René 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 Montreal ( ; officially Montréal, ) is the second-most populous city in Canada and most populous city in the Canadian province of Quebec. Founded in 1642 as '' Ville-Marie'', or "City of Mary", it is named after Mount Royal, the triple- ...
. Given the populations of Ontario, British Columbia and Quebec, more than two-thirds of Canada's population lived in provinces where same-sex marriage had been legalized after the Quebec decision.


Yukon decision

On July 14, 2004, in ''Dunbar & Edge v. Yukon (Government of) & Canada (A.G.)'', the
Supreme Court of Yukon The Supreme Court of Yukon (SCY; french: Cour suprême du Yukon) is the superior court having general jurisdiction for the Canadian territory of Yukon. Civil and criminal cases are heard by the court, as well as appeals from the Yukon Territoria ...
issued another similar ruling with immediate effect. Rather than reproducing the Charter equality arguments used by the other courts, the Court ruled that since the provincial courts of appeal had ruled that the heterosexual definition of marriage was unconstitutional, it was unconstitutional across Canada. The position was strengthened by the Attorney General's refusal to appeal those rulings. It further ruled that to continue to restrict marriages in Yukon to opposite-sex couples would result in an unacceptable state of a provision's being in force in one jurisdiction and not another. On August 16, 2004, federal Justice Minister Irwin Cotler indicated that the federal government would no longer resist court cases to implement same-sex marriage in the provinces or territories.


Manitoba decision

On September 16, 2004, Justice Douglas Yard of the
Manitoba Court of Queen's Bench The Court of King's Bench of Manitoba (french: Cour du Banc du Roi du Manitoba)—or the Court of Queen’s Bench of Manitoba, depending on the monarch—is the superior court of the Canadian province of Manitoba. The court is divided into two ...
declared the then-current definition of marriage unconstitutional. The judge said that his decision had been influenced by the previous decisions in B.C., Ontario and Quebec. This decision followed suits brought by three couples in Manitoba requesting that they be issued marriage licences. Both the provincial and federal governments had made it known that they would not oppose the court bid. One of the couples, Chris Vogel and Richard North, had legally sought the right to marry, in a high-profile case in 1974, but had been denied.


Nova Scotia decision

In August 2004, three couples in Nova Scotia brought suit in ''Boutilier v. Canada (A.G) and Nova Scotia (A.G)'' against the provincial government requesting that it issue same-sex marriage licences. On September 24, 2004, Justice Heather Robertson of the Nova Scotia Supreme Court ruled the then-current law unconstitutional. Neither the federal nor the provincial governments opposed the ruling.


Saskatchewan decision

Five couples brought suit in Saskatchewan for the recognition of their marriage in a case that was heard by the Saskatchewan Court of Queen's Bench in chambers on November 3, 2004. On November 5, 2004, the judge ruled that excluding same-sex couples from marriage violated the Charter's right to equality and that the common-law definition was discriminatory, thereby bringing same-sex marriage to Saskatchewan.


Newfoundland and Labrador decision

Two lesbian couples brought suit on November 4, 2004, to have Newfoundland and Labrador recognize same-sex marriage. As with the previous decisions, the provincial government did not oppose the suit; moreover, the federal government actually supported it. The case went to trial on December 20 and the next day, Justice Derek Green ordered the provincial government to begin issuing marriage licences to same-sex couples, an order with which the provincial government announced it would comply.


New Brunswick decision

Two same-sex couples brought suit in April 2005 to request an order requiring the Government of New Brunswick to issue same-sex marriage licences. This was granted in June 2005.
Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of governm ...
Bernard Lord Bernard Lord (born September 27, 1965) is a Canadian lawyer, business executive and former politician. He served as the 30th premier of New Brunswick from 1999 to 2006. Lord was appointed as board chair of Ontario Power Generation in 2014. Early ...
, who personally opposed same-sex marriage, pledged to follow a directive to provide for same-sex marriages from the courts or from Parliament.


Proceedings in the Northwest Territories

On May 20, 2005, a gay male couple with a daughter brought suit in the Northwest Territories for the right to marry. Territorial Justice Minister Charles Dent had previously said that the government would not contest such a lawsuit. The case was to be heard on May 27 but ended when the federal government legalized same-sex marriage.


Discussion in Parliament, 1995–2003

The shift in Canadian attitudes towards acceptance of same-sex marriage and recent court rulings caused the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, ...
to reverse its position on the issue. On September 18, 1995, the House of Commons voted 124–52 to reject a motion introduced by openly gay MP
Réal Ménard Réal Ménard (born May 13, 1962) is a Canadian politician, who was a Bloc Québécois member of the House of Commons of Canada from 1993 to 2009. He was the second Canadian member of Parliament to come out as gay. Ménard is a political scienti ...
calling for the legal recognition of same-sex relationships. A 2006 study by Mark W. Lehman suggests that between 1997 and 2004, Canadian public opinion on legalizing same-sex marriage underwent a dramatic shift: moving from minority support to majority support and that this support was the result of a significant shift in positive feelings towards
gays and lesbians Sexuality and gender identity-based cultures are subcultures and communities composed of people who have shared experiences, backgrounds, or interests due to common sexual or gender identities. Among the first to argue that members of sexual m ...
. The first bill to legalize same-sex marriage was a
private member's bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
tabled in the House of Commons by New Democratic MP Svend Robinson on March 25, 1998. Like most private members' bills, it did not progress past first reading, and was reintroduced in several subsequent parliaments. In 1999, the House of Commons overwhelmingly passed a resolution to re-affirm the definition of marriage as "the union of one man and one woman to the exclusion of all others". The following year, this definition of marriage was included in the revised ''Bill C-23'', the ''Modernization of Benefits and Obligations Act 2000'' (french: Loi sur la modernisation de certains régimes d'avantages et d'obligations), which continued to bar same-sex couples from full marriage rights. In early 2003, the issue once again resurfaced, and the House of Commons Standing Committee on Justice and Human Rights proceeded to undertake a formal study of same-sex marriage, including a cross-country series of public hearings. Just after the Ontario court decision, it voted to recommend that the federal government not appeal the ruling. Civil status is of provincial jurisdiction in Canada. However, the definition of marriage is a matter of federal jurisdiction. On June 17, 2003, Prime Minister Chrétien announced that the government would not appeal the Ontario ruling, and that his government would introduce legislation to recognize same-sex marriage but protect the rights of religious groups to decide which marriages they would solemnize. A draft of the bill was issued on July 17. It read:
#Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others. #Nothing in this Act affects the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs.
The draft bill was subsequently referred to the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
. On September 16, 2003, a motion was brought to Parliament by the Canadian Alliance (now the Conservative Party) to once again reaffirm the heterosexual definition of marriage. The same language that had been passed in 1999 was brought to a free vote, with members asked to vote for or against the 1999 definition of marriage as "the union of one man and one woman to the exclusion of all others." Motions are not legislatively binding in Canada, and are mostly done for symbolic purposes. The September vote was extremely divisive, however. Prime Minister Chrétien reversed his previous stance and voted against the motion, as did Paul Martin (who later became prime minister) and many other prominent Liberals. Several Liberals retained their original stance, however, and thus the vote was not defined purely along party lines. Controversially, over 30 members of the House did not attend the vote, the majority of whom were Liberals who had voted against legalizing same-sex marriage in 1999. In the end, the motion was narrowly rejected by a vote of 137–132.


Supreme Court ''Reference Re Same-Sex Marriage''

In 2003, the Liberal government referred a draft bill on same-sex marriage to the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, essentially asking it to review the bill's constitutionality before it was introduced. The
reference Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a '' name'' ...
as originally posed by the Chrétien government asked three questions:
#Is the annexed Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes within the exclusive legislative authority of the Parliament of Canada? If not, in what particular or particulars, and to what extent? #If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the ''Canadian Charter of Rights and Freedoms''? If not, in what particular or particulars, and to what extent? #Does the freedom of religion guaranteed by paragraph 2(a) of the ''Canadian Charter of Rights and Freedoms'' protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?
The government of Prime Minister Martin later added a fourth question in January 2004:
The addition of a fourth question considerably delayed the opening of the court reference until well after the June 2004 general election, raising accusations of stalling. In its hearings that began in October 2004, the Supreme Court of Canada accused the government of using the court for other goals when it declined to appeal rulings that altered the definition of marriage in several provinces; "Justice Ian Binnie said it 'may not fulfill any useful purpose' to examine traditional marriage all over again, 'given the policy decision of the government'". The Supreme Court of Canada ruled that the government has the authority to amend the definition of marriage, but did not rule on whether or not such a change is required by the equality provisions of the ''Canadian Charter of Rights and Freedoms''. The court stated that such a ruling is not necessary because the federal government had accepted the rulings of provincial courts to the effect that the change was required. The court also ruled that given the freedom of religion provisions in the Charter, and the wording of provincial human rights codes, it was highly unlikely that religious institutions could be compelled to perform same-sex marriages, though because solemnization of marriage is a matter for provincial governments, the proposed bill could not actually guarantee such protections.


Debate prior to C-38's introduction

On December 9, 2004, Prime Minister Martin indicated that the federal government would introduce legislation expanding marriage to same-sex couples. The government's decision was announced immediately following the court's answer in the ''Reference Re Same-Sex Marriage'' reference question. The parliamentary bill caused rifts in the House of Commons, especially among the governing Liberals. Many Liberal MPs indicated that they would oppose the government's position in favour of same-sex marriage at a free vote. The majority of each of the Liberal Party, the
New Democratic Party The New Democratic Party (NDP; french: Nouveau Parti démocratique, NPD) is a federal political party in Canada. Widely described as social democratic,The party is widely described as social democratic: * * * * * * * * * * * * ...
and the
Bloc Québécois The Bloc Québécois (BQ; , " Quebecer Bloc") is a federal political party in Canada devoted to Quebec nationalism and the promotion of Quebec sovereignty. The Bloc was formed by Members of Parliament (MPs) who defected from the federal Prog ...
voted in favour of the bill; the majority of the
Conservative Party The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right. Political parties called The Conservative P ...
voted against the bill. In 2000, Alberta had amended its ''Marriage Act'' to define marriage as being between a man and a woman. The law included a notwithstanding clause in an attempt to protect the amendment from being invalidated under the Charter. However, the amendment was invalid since, under the Canadian Constitution, the definition of marriage is a federal right. (See " Same-sex marriage in Alberta" for further discussion of the issue.) Complicating matters, Conservative Party leader
Stephen Harper Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
indicated that a Conservative government would work to restore the prohibition on same-sex marriage if Parliament voted to do so in a free vote. Following the court decision on December 9, Premier Klein of Alberta suggested that a national
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
be held on same-sex marriage, a measure Prime Minister Martin rejected.


Legislative progress of the ''Civil Marriage Act''

''Bill C-38'', the ''Civil Marriage Act'' (french: Loi sur le mariage civil), was introduced to Parliament for its first reading in the House of Commons on February 1, 2005. Prime Minister Martin launched the debate on February 16. The bill passed
second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
on May 4 and third reading on June 28, with votes of 164–137 and 158–133, respectively. It then moved to the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, and received its first reading on June 29. Debate was launched on July 4, and a Liberal closure motion limited debate on the bill to only four hours. Second reading and committing the bill occurred on July 6, with a vote of 43–12. The Senate passed the legislation on third reading by a margin of 47 to 21 on July 19, 2005. It received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
at the hand of the Rt. Hon. Beverley McLachlin (in her capacity as the
Deputy of the Governor General of Canada A Deputy of the Governor General (french: Gouverneur général suppléant) is, per the ''Constitution Act, 1867'', one of any individuals appointed by the Governor General of Canada, with the Canadian monarch's consent, to act in his or her stead, ...
) on July 20, 2005.


Same-sex marriage in the 39th Parliament

The Conservative Party, led by Harper, won a
minority government A minority government, minority cabinet, minority administration, or a minority parliament is a government and cabinet formed in a parliamentary system when a political party or coalition of parties does not have a majority of overall seats in t ...
in the federal election on January 23, 2006. Harper had campaigned on the promise of holding a free vote on a motion to re-open the debate on same-sex marriage. The motion would re-open the same-sex marriage debate, but did not prescribe restoring the opposite-sex definition of marriage. A news report from
CTV News CTV News is the news division of the CTV Television Network in Canada. The name ''CTV News'' is also applied as the title of local and regional newscasts on the network's owned-and-operated stations (O&Os), which are closely tied to the national ...
on May 31, 2006, showed that a growing number of Conservatives were wary about re-opening the debate on same-sex marriage. One cabinet minister stated he just wanted the issue "to go away", while others including Chuck Strahl and
Bill Casey William D. Casey (born February 19, 1945) is a Canadian politician from Nova Scotia who served as a Member of Parliament (MP) in the House of Commons of Canada. First elected as a Progressive Conservative in 1988, he later sat as Conservative ...
were undecided, instead of directly opposed. Foreign Affairs Minister
Peter MacKay Peter Gordon MacKay (born September 27, 1965) is a Canadian lawyer and politician. He was a Member of Parliament from 1997 to 2015 and has served as Minister of Justice and Attorney General (2013–2015), Minister of National Defence (2007� ...
noted that not a single constituent had approached him on the issue, and Minister for Fisheries and Oceans Loyola Hearn was against re-opening the debate. By November 2006, the debate had shifted and it was the supporters of same-sex marriage that were arguing for a fall vote on the issue and the opponents who were lobbying for a delay. On December 6, 2006, the government brought in a motion asking if the issue of same-sex marriage debate should be re-opened. This motion was defeated the next day in a vote of 175 (nays) to 123 (yeas). Prime Minister Harper afterwards told reporters "I don't see reopening this question in the future".


Recognition of foreign legal unions

In ''Hincks v. Gallardo'', the
Ontario Superior Court of Justice The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. ...
decided on January 7, 2013, that same-sex partners who entered into UK civil partnerships are to be treated as married for the purposes of Canadian law.


Marriage statistics

From June 2003 (date of the first same-sex marriages in Ontario) to October 2006, 12,438 same-sex marriages were contracted in Canada. By 2011, 21,015 same-sex marriages had been performed in Canada. There were an additional 43,560 cohabiting same-sex couples in the country. According to the 2016 census, there were 72,880 same-sex couples residing in Canada, of which 24,370 (33.4 percent) were married. In British Columbia, 38.5 percent of all same-sex couples were married, compared to 38.2 percent in Ontario and 22.5 percent in Quebec. 10,020 children were living in same-sex families.


Other same-sex partner benefits in Canada


Other kinds of partnership

As mentioned above, Canadian cohabiting same-sex couples are entitled to many of the same legal and financial benefits as married opposite-sex couples. In 1999, after the court case ''M v H'', the Supreme Court of Canada declared that same-sex partners must also be extended the rights and benefits of common-law relationships. The province of Quebec also offers civil unions to same-sex couples. Nova Scotia's
domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee ...
s offer similar benefits. Legislative changes in 2001–2004 extended the benefits of common-law relationships in Manitoba to same-sex couples as well as those of different sex. In 2003, Alberta passed a law recognizing adult interdependent relationships. These relationships provide specific financial benefits to interdependent adults, including blood relations.


Recognition in other provinces and territories

The legal status of same-sex marriages in provinces and territories that did not perform them was uncertain prior to the passage of the ''Civil Marriage Act''. One of the couples that brought suit in Nova Scotia acted so that their Ontario marriage would be recognized. Premier Klein wanted to prevent same-sex marriages from being performed or recognized in Alberta, but eventually admitted that the province's chances of doing so were slim to none, and said Alberta would obey the legislation. By contrast, the other remaining province without same-sex marriage, Prince Edward Island, announced that it would voluntarily bring its laws into compliance with the federal legislation. In October 2003, Premier
Paul Okalik Paul Okalik ( iu, ᐹᓪ ᐅᑲᓕᖅ, ; born May 26, 1964) is a Canadian politician. He is the first Inuk to have been called to the Nunavut Bar. He was also the first premier of Nunavut. On November 4, 2010, he was elected Speaker of the Legi ...
announced that Nunavut would recognize same-sex marriages performed in other provinces and territories.


Immigration

The Department of
Citizenship and Immigration Canada Immigration, Refugees and Citizenship Canada (IRCC; french: Immigration, Réfugiés et Citoyenneté Canada)Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Departm ...
(CIC) acknowledges same-sex marriages contracted in Canada between immigration applicants and Canadian citizens or permanent residents. Canadians may also sponsor their same-sex common-law or civil union partners for family-class
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, ...
, provided they meet various requirements, including proof of legitimacy and cohabitation for at least one year. After the enactment of the ''
Civil Marriage Act The ''Civil Marriage Act'' is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta, Prince Edward ...
'', CIC adopted an interim immigration policy which did not recognize same-sex marriages conducted outside of Canada. For example, a Canadian citizen, legally married in the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
to his or her same-sex Dutch partner, might not sponsor his or her Dutch partner for immigration as a spouse, despite the fact that both Dutch law and Canadian law made no distinction between opposite-sex and same-sex civil marriages, and despite the fact that CIC did recognize a Dutch opposite-sex marriage. On December 12, 2006, New Democratic Party MP
Bill Siksay William Livingstone Siksay (born March 11, 1955) is a Canadian politician. He was the Member of Parliament (MP) who represented the British Columbia riding of Burnaby—Douglas for the New Democratic Party from 2004 to 2011. Early life Siksa ...
introduced a motion in the House of Commons of Canada Standing Committee on Citizenship and Immigration calling on the CIC to immediately rescind the interim policy and "recognize legal marriages of gay and lesbian couples performed in jurisdictions outside Canada for purposes of immigration in exactly the same way as the legal marriages of heterosexual couples are recognized"; the committee voted to recommend that the government do this. In late January 2007, Citizenship and Immigration Minister Diane Finley informed the committee that this would be done. In February 2007, the CIC website was updated to reflect the fact that the policy had been updated.


Military

Since September 2003, military
chaplain A chaplain is, traditionally, a cleric (such as a minister, priest, pastor, rabbi, purohit, or imam), or a lay representative of a religious tradition, attached to a secular institution (such as a hospital, prison, military unit, intelligence ...
s have been allowed to bless same-sex unions and to perform these ceremonies on a military base.


Survivor benefits

On December 19, 2003, an Ontario court ruled that survivor benefits for Canadians whose same-sex partners died should be retroactive to April 1985, the date the ''Canadian Charter of Rights and Freedoms'' came into effect. The federal government appealed. On March 1, 2007, the Supreme Court of Canada ruled that the federal government must pay
Canada Pension Plan The Canada Pension Plan (CPP; french: Régime de pensions du Canada) is a contributory, earnings-related social insurance program. It forms one of the two major components of Canada's public retirement income system, the other component being Ol ...
benefits to surviving same-sex spouses. Initial news reports indicated that the court limited retroactive benefits to only 12 months' worth, but in fact, some survivors may be entitled to benefits dating back to 2000.


Same-sex divorce in Canada

On September 13, 2004, a lesbian couple known as "M.M." and "J.H." (the initials of their respective lawyers) in Ontario were granted Canada's first same-sex divorce. Their initial divorce application had been denied based on the fact that the federal '' Divorce Act'' (french: Loi sur le divorce) defines spouse as "either of a man or a woman who are married to each other". However, Madam Justice Ruth Mesbur of the
Ontario Superior Court of Justice The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. ...
ruled in ''M.M. v J.H''. that the definition of "spouse" in the ''Divorce Act'' was unconstitutional. In June 2005, a lesbian couple residing in British Columbia obtained a similar ruling. The ''
Civil Marriage Act The ''Civil Marriage Act'' is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta, Prince Edward ...
'' in 2005 amended the ''Divorce Act'' to permit same-sex divorce. However, prior to 2013, a married couple (same-sex or opposite-sex) could file for divorce in Canada only if at least one spouse was then residing in Canada and had been for at least one full year when the divorce was filed. In 2012, after the
Attorney General of Canada The asterisk ( ), from Late Latin , from Ancient Greek , ''asteriskos'', "little star", is a typographical symbol. It is so called because it resembles a conventional image of a heraldic star. Computer scientists and mathematicians often v ...
suggested in a divorce case brought in the Ontario Superior Court of Justice that non-residents of Canada did not have valid marriages if such marriages were not recognized by their home jurisdictions, the Conservative government announced that they would fix this "legislative gap". A government bill, the ''Civil Marriage of Non-residents Act'' (french: Loi sur le mariage civil de non-résidents), positively declaring such marriages legal in Canada and allowing non-residents to divorce in a Canadian court if prohibited from doing so in their home jurisdictions, was introduced and received first reading on February 17, 2012, and passed third and final reading on June 18, 2013. The bill then received a quick passage through the Senate and passed third and final reading on June 21, receiving royal assent on June 26. The law came into effect on August 14 by Order of the
Governor General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...
in Council made the previous day.


Church and state

Based on the 2001 census, 80 percent of the Canadian population were initiated into one of the three main
Abrahamic The Abrahamic religions are a group of religions centered around worship of the God of Abraham. Abraham, a Hebrew patriarch, is extensively mentioned throughout Abrahamic religious scriptures such as the Bible and the Quran. Jewish traditi ...
religions (
Judaism Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in th ...
,
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...
, and
Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global popula ...
).Statistics Canada website
Population by religion, by province and territory (2001 Census)
, URL accessed May 14, 2006
2001 Canadian Census – Long Form
Question 22
, URL accessed December 21, 2011
All three have texts interpreted by some to declare sexual relations between people of the same sex as forbidden and sinful, and have been opposed to the recognition of same-sex unions. However, some major religious groups spoke in favour of legalizing same-sex marriage. The largest
Protestant Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
denomination in the country, the
United Church of Canada The United Church of Canada (french: link=no, Église unie du Canada) is a mainline Protestant denomination that is the largest Protestant Christian denomination in Canada and the second largest Canadian Christian denomination after the Catholi ...
, offers church weddings to same-sex couples and supports same-sex marriages, testifying to this effect during the cross-country Justice Committee hearings. Unitarian Universalist congregations also solemnize same-sex marriages, as do the
Religious Society of Friends Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abili ...
(Quakers), the
Metropolitan Community Church The Metropolitan Community Church (MCC), also known as the Universal Fellowship of Metropolitan Community Churches (UFMCC), is an international LGBT-affirming mainline Protestant Christian denomination. There are 222 member congregations in 37 ...
and the
Evangelical Lutheran Church in Canada The Evangelical Lutheran Church in Canada (ELCIC; french: Église évangélique luthérienne au Canada) is Canada's largest Lutheran denomination, with 95,000 baptized members in 519 congregations, with the second largest, the Lutheran Church– ...
. Some progressive Jewish congregations have also supported same-sex marriage. The General Synod of the
Anglican Church of Canada The Anglican Church of Canada (ACC or ACoC) is the province of the Anglican Communion in Canada. The official French-language name is ''l'Église anglicane du Canada''. In 2017, the Anglican Church counted 359,030 members on parish rolls in 2,2 ...
passed an initial motion in July 2016 to perform same-sex marriages in their churches. The measure had to be approved a second time at the next General Synod in 2019 to come into force. The Anglican Church of Canada does not specifically prohibit same-sex marriage. On July 12, 2019, its general assembly did not approve the motion at its second reading. In spite of support by the laity and clergy, the motion did not pass because it was not supported by a full two-thirds of the bishops. Director of Communications Meghan Kilty said that many dioceses have been performing same-sex marriages, such as that of Bishop
Kevin Robertson Kevin George Robertson (born February 8, 1959) is an American former water polo player, who won two Olympic silver medals during his career: in 1984 and 1988. He was affiliated with the University of California. In 1994, he was inducted into ...
at the Cathedral Church of St. James in Toronto. Kilty added that many dioceses would continue to perform such services since there is no specific prohibition by the Church. In July 2003, the hierarchy of the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
in Canada protested the Chrétien government's plans to include same-sex couples in
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...
. This was significant because Catholicism has a larger number of adherents in Canada than any other religion or denomination, with 43.6 percent of the population identifying themselves as Catholic. The church criticisms were accompanied by Vatican claims that Catholic politicians should vote according to their personal beliefs rather than the policy of the government. Amid a subsequent backlash in opinion, the Church remained remarkably quiet on the subject, at least in public, until late 2004, when two Catholic bishops clearly stated their opposition to same-sex marriage. The Bishop of Calgary, Frederick Henry, in a pastoral letter urged Catholics to fight against the legalization of same-sex marriage, calling homosexual behaviour "an evil act". Bishop Henry's letter also seemed to urge the outlawing of homosexual acts, saying "Since homosexuality, adultery, prostitution and pornography undermine the foundations of the family, the basis of society, then the State must use its coercive power to proscribe or curtail them in the interests of the common good." Two human rights complaints were filed against Henry soon afterward under the ''Alberta Human Rights Act'', one of which was dropped at the conciliation stage. The
Hutterite Hutterites (german: link=no, Hutterer), also called Hutterian Brethren (German: ), are a communal ethnoreligious branch of Anabaptists, who, like the Amish and Mennonites, trace their roots to the Radical Reformation of the early 16th centu ...
Brethren spoke out against same-sex marriage in a letter written to Prime Minister Martin in February 2005. The group has historically not involved themselves with politics. The Humanist Association of Canada, which endorses a non-theistic, non-religious ethical philosophy to life and full
separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular s ...
, has been supportive of same-sex marriage. Local affiliate groups of the Humanist Association offer officiancy (marriage commissioner) services across Canada. Representatives of the
World Sikh Organization World Sikh Organization (WSO) is a Sikh religious and non-profit organization whose 1984 founding goal was "to provide an effective, credible voice to represent Sikh interests on the world stage", after Operation Blue Star. Its stated goal is ...
testified before the Senate Committee on Legal and Constitutional Affairs in favour of the ''Civil Marriage Act''.


Public opinion

A 1996 Angus Reid Institute/Southam News opinion poll, conducted across Canada, found that 49 percent of Canadians supported same-sex marriage, while 47 percent were opposed. Support was highest in Quebec (58 percent) and among 18–34-year-olds (67 percent), and lowest in Alberta (38 percent) and people over the age of 54 (25 percent). In 1999, the group found support at 53 percent with 44 percent opposed. An April 2001
Environics Environics Research is a fully Canadian-owned company that has been providing consulting and market research services for businesses, governments and not-for-profit organizations for more than 50 years. Environics is a full-service research firm ...
Research Group survey showed that 45 percent of Canadians supported same-sex marriage (29 percent "strongly" and 16 percent "somewhat"), while 41 percent opposed (30 percent "strongly" and 11 percent "somewhat"). A June 2002 survey conducted by Focus on the Family Canada, a group opposed to same-sex marriage, found that 46 percent of Canadians agreed same-sex marriage should be legalised, whereas 44 percent disagreed. A poll conducted by the Centre for Research and Information on Canada in October 2002 showed that 53 percent of Canadians supported same-sex marriage, while 41 percent were opposed. A November 2002 Ekos/ CBC poll asked respondents if they would vote "yes" or "no" in a referendum on the issue of same-sex marriage. 47 percent answered "no" and 45 percent answered "yes". 8 percent did not know. A 2005 opinion poll taken shortly before the Parliament voted on the ''Civil Marriage Act'' found that 42 percent of Canadians favoured the nationwide legalisation of same-sex marriage, while 40 percent were opposed. 18 percent did not respond or were undecided. A June 2006 poll, conducted by Ekos, asked respondents if the debate on same-sex marriage should be reopened. 62 percent considered same-sex marriage settled, 27 percent wanted to reopen the issue, and 11 percent either had no opinion or did not respond. In 2012, a poll by
Forum Research Forum Research is a Canadian market research and polling firm founded in 1993 by Dr. Lorne Bozinoff. Forum Research Inc. is headquartered in Toronto, Ontario and has offices throughout Canada (Edmonton, Toronto and Vancouver) and around the world ( ...
showed that 66.4 percent of Canadians approved of legalized same-sex marriage, while 33.6 percent were opposed. Support for same-sex marriage was highest in Quebec (72 percent) and British Columbia (70.2 percent), while lowest in Alberta (45.6 percent). A May 2013 Ipsos poll of residents of 16 countries found that 63 percent of respondents in Canada were in favour of same-sex marriage and another 13 percent supported other forms of recognition for same-sex couples. After same-sex marriage was
legalized Legalization is the process of removing a legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crime A victimle ...
in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
by their
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in June 2015, a poll by Forum Research showed that 70 percent of Canadians approved of same-sex marriage, while 22 percent disapproved. In May 2016, members of the Conservative Party of Canada voted 1,036–462 to change the party's political platform from defining marriage as "a union between one man and one woman" to a neutral stance. As a compromise, the party did not elect to support the right to same-sex marriage, allowing members "the freedom to hold personal opinions against same-sex marriage". A 2017
CROP A crop is a plant that can be grown and harvested extensively for profit or subsistence. When the plants of the same kind are cultivated at one place on a large scale, it is called a crop. Most crops are cultivated in agriculture or hydropon ...
poll showed that 74 percent of Canadians found it "great that in Canada, two people of the same sex can get married". 26 percent disagreed. Support for same-sex marriage was higher among women (79 percent) than among men (70 percent) and higher among French speakers (82 percent) than English speakers (73 percent). Those with a higher income, a university degree or who were born in Canada were also more likely to support same-sex marriage. When divided by age, young people were overwhelmingly in support (82 percent among 18–24-year-olds and 86 percent among 25–34-year-olds) and, while people over 65 were less likely to be in favour, same-sex marriage still enjoyed 66 percent popular support among people of that age group. The most supportive province was Quebec (80 percent), followed by 78 percent in the four Atlantic provinces, 75 percent in British Columbia, 73 percent in Ontario, 70 percent in Manitoba and Saskatchewan and 68 percent in Alberta. The 2017 AmericasBarometer showed that 76 percent of Canadians supported same-sex marriage. A 2020 Research Co. poll found that 67 percent of Canadians supported same-sex marriage remaining legal. A 2022 Research Co. poll found that number had remained quite stable, at 66 percent.


See also

* LGBT rights in Canada *
Marriage in Canada The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of the ''Constitution Act, 1867''. However section 92(12) of the Constitution Act, 1867 gives the provincial legislatures the pow ...
* Members of the 38th Canadian Parliament and same-sex marriage * Members of the 39th Canadian Parliament and same-sex marriage *
Religion in Canada Religion in Canada encompasses a wide range of groups and beliefs. Christianity is the largest religion in Canada, with Catholicism being its largest denomination. Christians, representing 53.3% of the population in 2021, are followed by peo ...
*
Timeline of LGBT history A timeline is a display of a list of events in chronological order. It is typically a graphic design showing a long bar labelled with dates paralleling it, and usually contemporaneous events. Timelines can use any suitable scale representin ...
**
2005 in LGBT rights This is a list of notable events in the history of LGBT rights that took place in the year 2005. Events January * 1 ** California law AB 205, which extends many rights and responsibilities of marriage to registered domestic partners, goes int ...
* Recognition of same-sex unions in the Americas * He never married


References


Bibliography

* * *


External links


Egale Canada Inc.Canadians for Equal MarriageSame-Sex Marriage CanadaMarriage Vote CanadaDefend Marriage Canada

Redefining Marriage? A Case for Caution
Brief to the Parliamentary Justice Committee


Full text of NFO CF Group survey (PDF)

"Nova Scotia legalizes same-sex marriage," CTV News, Sep. 24 2004 2:46 PM ETMarriage Vote Canada
*
Institute of Marriage and Family Canada
{{LGBT topics in Canada Paul Martin 2005 in LGBT history