Same-sex marriage in British Columbia

Same-sex marriage in British Columbia

Background

On July 08th, 2003, the Canadian province of British Columbia became the second region in Canada to legalize same-sex marriage, behind Ontario, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licenses.

Canada became the fourth country in the world to legalize same-sex marriage with the passage of Bill C-38, the Civil Marriage Act, which made same-sex marriage legal in the remaining provinces and territories of Nunavut, the Northwest Territories, Alberta, and Prince Edward Island.

Timeline

October 02, 2001: British Columbia Supreme Court judge Ian Pitfield rules against gay couples seeking to get married saying it was not allowed under the Constitution. "Parliament may not enact legislation to change the legal meaning of marriage to include same-sex unions," he said. "I concur in the submission of the Attorney General of Canada that the core distinction between same-sex and opposite-sex relationships is so material in the Canadian context that no means exist by which to equate same-sex relationships to marriage while at the same time preserving the fundamental importance of marriage to the community." Judge Pitfield would be the sole judge in Canada to rule against same-sex couples.

May 01, 2003: Justices of the British Columbia Court of Appeal rule 3-0 that denial of marriage licences to same-sex couples was a violation of the Canadian Charter of Rights and Freedoms. "Gay rights have steadily expanded since homosexuality was made legal in Canada in 1969, and these developments have substantial public support, although the matter remains controversial," the Court wrote. "This evolution cannot be ignored. Civil marriage should adapt to contemporary notions of marriage as an institution in a society which recognizes the rights of homosexual persons to non-discriminatory treatment." The Court gave the Canadian Government until July 02, 2004, to change the definition of marriage so that it includes gays and lesbians, similar to the ruling in Ontario.

June 10, 2003: The Ontario Court of Appeal, in a unanimous 3-0 upheld a lower court ruling which struck down the traditional definition of marriage. The lower court had given the federal government 2 years to comply with the ruling, but the Ontario Court of Appeal did not stay its decision and brought the ruling into force immediately.

July 08, 2003: The British Columbia Court of Appeal issues another ruling, lifting the stay it had put on the government in its May decision. The Court said it was "satisfied" and noted the Ontario Court of Appeal ruling in its decision lifting the stay immediately. The ruling stated that "any further delay… will result in an unequal application of the law between Ontario and British Columbia."

July 08, 2003: A few hours after the Court of Appeal ruling, Antony Porcino and Tom Graff became the first two men to be legally wed in British Columbia.

June 15, 2005: A B.C. Supreme Court judge in Nanaimo granted British Columbia's first gay divorce. [http://Vancouver.cbc.ca/regional/servlet/View?filename=bc_gay-divorce20050615] Although gay marriage had been legal in British Columbia for two years, the "Divorce Act" still defined marriage as being between a man and a woman.

Facts & Figures

In 2003, there were 735 same-sex marriages in British Columbia. Of those 1470 married, more couples resided in the United States than in Canada. [http://www.vs.gov.bc.ca/stats/annual/2003/pdf/marriages.pdf]

Public Opinion Polls

A June 12-July 06, 2003 Environics Research poll finds a 53%-43% margin nationwide in favour of same-sex marriage. The poll concludes British Columbia shows one of the highest levels of support, but doesn't give a figure. [http://erg.environics.net/news/default.asp?aID=528 Most Canadians Support Gay Marriage]

A December 14-January 05, 2005 Environics Research poll finds a 54%-43% margin nationwide in favour of same-sex marriage. 214 British Columbians were surveyed in the poll, and 60% of respondents said they were in favour of same-sex marriage, while 38% were opposed. [http://erg.environics.net/news/default.asp?aID=570 Environics Poll]

External links

* [http://samesexmarriage.ca Same Sex Marriage in Canada]
* [http://www.canlii.org/bc/cas/bcca/2003/2003bcca406.html "Barbeau v. British Columbia (A.G.) 2003 BCCA 406"] (Court of Appeal for BC 8 July 2003) - text of the ruling (canlii.ca)
* [http://www.globeandmail.com/servlet/story/RTGAM.20030708.wmarr0708/BNStory/National/ "The Globe and Mail"]