Why was gay marriage legalized in canada
When Canada’s Civil Marriage Act (Bill C) came into effect on July 20, , making same-sex marriage legal from coast to coast to coast, the country became the fourth in the world to legally treat homosexual couples the same as heterosexual ones. The passage of the act put Canada a decade ahead of our southern neighbour, where the Supreme Court legalized same-sex marriage nationally in , and capped an often-tense debate about the place of queer people in Canadian society. When the Liberal government introduced the legislation that February, then-prime minister Paul Martin declared, “I believe in, and I will fight for, a future in which generations of Canadians to come, Canadians born here and abroad, will own the opportunity to value the Charter as we act today—as an essential pillar of our democratic freedoms.”
But while the passage of the act was a celebratory moment, it did not instantly make all LGBTQ2 Canadians touch equal to their straight counterparts in all aspects of life. Indeed, the symbolism around Bill C, which passed in Parliament a few weeks e
In , the Marriage for Civil Purposes Act,[i] also known as Bill C, became law. This Act gives same-sex couples the legal right to unite, making Canada only the fourth state in the world to legalize same-sex marriages.[ii] Prior to this enactment, the courts in eight provinces[iii] struck down the traditional definition of marriage as a violation of section 15 of the Canadian Charter of Rights and Freedoms.[iv]
Traditional Definition of Marriage
The traditional definition of marriage was "the lawful union of one dude and one noun to the exclusion of all others." In other words, only two people of different sexes could legally marry.[v]
Evolution of the Right to Same-Sex Marriage: A Brief History
(a) Halpern v. Canada
The first landmark case was Halpern v. Canada[vi]. In this case, two same-sex couples were married in a religious ceremony at a Christian Church. The Ontario government, however, refused to register the marriages, arguing that the legal definition of marriage did not include same-sex marriages. The couples took the issue to court.
The Ontari
Civil Marriage Act
S.C. , c. 33
Assented to
An Act respecting certain aspects of legal capacity for marriage for civil purposes
Preamble
WHEREAS the Parliament of Canada is committed to upholding the Constitution of Canada, and section 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is equal before and under the law and has the right to equal protection and equal boon of the law without discrimination;
WHEREAS the courts in a majority of the provinces and in one territory own recognized that the right to equality without discrimination requires that couples of the same sex and couples of the opposite sex have equal access to marriage for civil purposes;
WHEREAS the Supreme Court of Canada has recognized that many Canadian couples of the same sex include married in reliance on those court decisions;
WHEREAS only equal access to marriage for civil purposes would respect the right of couples of the alike sex to equality without discrimination, and civil union, as an institution other than marriage, would not offer them that equal access a
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and give tools, resources, and lessons learned to empower movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in
Liechtenstein: On May 16, , Liechtenstein's gove