Gay Marriage Rights

In Canada, there are two laws prohibiting same sex couples from obtaining a marriage license. These are the Ontario Marriage Act and The Federal Marriage Act. The Federal Marriage Act specifically restricts marriage to one man and one woman. In other words, gays can still get married, just not to each other.

The Charter of Rights and Freedoms states that a person cannot be discriminated against because of their gender. This is very contradictory considering our laws on marriage. In addition, the Supreme Court of Canada has ruled repeatedly that individuals in Canada cannot be discriminated against on the basis of their sexual orientation. Therefore, it is upheld that gays should not be discriminated against, but the laws do clearly discriminate by taking away certain rights that heterosexuals are en

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As well Senator Laurier LaPierre said, “To vote for this bill [Bill S-9] would be to accept the Neanderthal idea that common law is static and incapable of expanding to meet the changing needs of society. Nova Scotia has also created legislation recognizing same sex relationships. Perhaps the most significant change in same sex marriages has occurred in the Netherlands. Another example of a possible law is Bill S-9. ” (CITE) These common-law partners have the same tax benefits, and the same obligations, as married couples and heterosexual common law couples. Opinions are a big step in moving towards legalization of gay marriage licenses. This act states that marriage is “a legal union of one man and one woman as husband and wife” (CITE) So far it seems as If our laws pertaining to same sex marriages are still outdated, and are not advancing, However, on July 31, 2000 the Canadian Federal Government introduced and passed Bill C-23, “Modernization of Benefits and Obligations Act”. Bill S-9 is currently in its first reading. It states: “Marriage has the meaning declared in 1866 decision of Hyde v. The Netherlands was the first nation to offer full marriage rights to homosexuals. She called it an anti-gay initiative, targeted against couples seeking same-sex marriage. ” (CITE) Similarly in the United States, Bill Clinton signed Defense of Marriage Act (1996). Among other changes, the Income Tax Act was amended to define a same-sex, common law couple. July 2001-- 8 Same sex couples who were denied marriage licenses launched a petition to overturn the Federal Marriage Act because it allows marriages only between men and woman

Quebec 2001– A gay couple asked a Quebec superior Court assistant for a marriage license

The Clerk read the section of the Civil Code that defines a marriage

Their application was rejected, they are taking their case to the Supreme Court of Canada

First Gay Marriage

Ontario 2001– 2 gay couples were married by reading of the banns

this process includes announcenemnt of the marriage on 3 consecutive Sundays in church

One of the people must be a member of that church

Only applies to those who have not been married previously

Both couples are currently seeking registration of their marriages

. British Columbia has recognized gay partnerships by setting up a system that is parallel to heterosexual marriage, as well some rights are granted.

Common topics in this essay:
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Approximate Word count = 898
Approximate Pages = 4 (250 words per page double spaced)

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