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glacier76
Manitoba is not the most progressive province in Canada, so this ruling is a real indication of Canada's growing acceptance of gay marriage.

Gay Marriage in Manitoba

QUOTE
On Thursday morning, provincial Judge Douglas Yard ruled in favor of three same-sex couples seeking the freedom to marry. As he did so, Judge Yard acknowledged that the right to marry has become settled law in Canada.


\"The cumulative effect and the overwhelming effect of [Canadian] judicial authority,\" he wrote, \"is to the effect that the traditional definition of marriage is no longer constitutionally valid in view of the provisions of the Charter of Rights and Freedoms.\"


[ September 16, 2004, 05:12 PM: Message edited by: glacier76 ]
bear321
Wow. Given the fact that we live near Orlando, Florida and we have seen a lifetime of hurricanes this season the prospects of moving to Canada sound more and more ideal. I just wish it wasn't so cold up there. biggrin.gif

I guess it will depend on the election this year too. If Shrub wins I don't know if we can stand or afford to live here any longer.
hockeyTom
Here in Washington State, the ban on gay marriage was recently ruled unconstitutional in a lower court. 11 same sex couples including a pair from Spokane sued for the right. Looks like this will now be headed to the State Supreme Court for a ruling.
canmark
Add Saskatchewan to the list.

QUOTE
Saskatchewan became the seventh Canadian province or territory to equalize marriage laws since last June, when the province of Ontario got the ball rolling. The federal government no longer contests marriage lawsuits, and nor do most of the provincial governments. As such, although same-sex marriage was not proactively legalized throughout the country last summer, the courts in most of Canada have done the job in lieu of the politicians.

* * *

\"Eighty-five percent of Canada's population now enjoys full marriage equality,\" said Laurie Arron, director of advocacy for Egale Canada, the national LGBT rights group.
fantomas
So have straight marriages started to fall apart in the gay-marriage-legal provinces, which is to say, as that crackpot from Stanford argued, is Canada going the way of Osama bin Laden's favorite democracy, Sweden?

[ November 06, 2004, 03:15 PM: Message edited by: fantomas ]
sportinlife
They've even had a gay divorce - back in July

Gay Divorce in Canada
canmark
Gay marriage could go national in the new year.

QUOTE
Justice Minister Irwin Cotler says he now plans to introduce a bill to legalize gay marriages \"as soon as possible\" in the new year.

Cotler told the Toronto Star he intends to move quickly, especially if a landmark ruling this week from the Supreme Court of Canada goes in the government's favour.

The ruling this Thursday comes just two months after the court heard arguments in the case, much more swiftly than the government had anticipated.

The minister had been aiming at the fall of next year for the introduction of legislation.

\"It is my intention to put it before the House as soon as we return in January. I want to move quickly, that's what I'm saying, and January is when I would move, as quickly as possible,\" said Cotler.
NoLongerHere
Newt Gingrich was on O'Reilly just the other night and both were fuming at Canada, not just for this reason. Those Canadians are Godless heathens, is what Gingrich and O'Reilly basically said. No surprises from those two, but reading canmark's recent post here made me chuckle thinking about how upset they'd be now.

O'Reilly called Canada a "rogue nation" ...it's almost laughable.
RazorbackTX
QUOTE
The B Man:
Newt Gingrich was on O'Reilly just the other night and both were fuming at Canada, not just for this reason. Those Canadians are Godless heathens, is what Gingrich and O'Reilly basically said. No surprises from those two, but reading canmark's recent post here made me chuckle thinking about how upset they'd be now.

O'Reilly called Canada a \"rogue nation\" ...it's almost laughable.
Newt opposes marriages for gays, but it's ok for him to have 3 of them.

Oh, the republican family values. rolleyes.gif
Lksimcoe
QUOTE
RazorbackTX:
QUOTE
The B Man:
Newt Gingrich was on O'Reilly just the other night and both were fuming at Canada, not just for this reason. Those Canadians are Godless heathens, is what Gingrich and O'Reilly basically said. No surprises from those two, but reading canmark's recent post here made me chuckle thinking about how upset they'd be now.

O'Reilly called Canada a \"rogue nation\" ...it's almost laughable.
Newt opposes marriages for gays, but it's ok for him to have 3 of them.

Oh, the republican family values. rolleyes.gif
While it's laughable, it is also very very scary.

O'Reilly gets a LOT more attention than he deserves, and more times than not, has served as a mouthpiece for the GOP party.

If he is now calling Canada a "rogue nation", can official policy be far behind?
hockeyTom
O'Reilley has a big fat mouth, much like Tucker Carlson. I am sick and tired of the arrogance that permeates from these two.
Ms. de Blazer
Canada is a rogue nation? Does that mean Bush is going to invade?
Weapons of mass homosexuality?

On a related note, got a Chanukah card from my cousin Judy in Albany. She and her companion of 14 years, Pat, were married in New Paltz, NY during the spring of our equality. A belated mozel tov to Judy & Pat.
NoLongerHere
Weapons of mass homosexuality.
Priceless.
Lksimcoe
Tomorrow is the date that the Canadian Supreme Court announces it's decision.

I am a firm beleiver, that after 6 provinces and 1 territory has declared that limiting marriage to 1 man and 1 woman is against the charter of rights and freedoms, that the Supreme Court will agree with them.

There will be a few weeks of bullshit from the conservatives, (notice Marc I didn't say Alberta), and then people will learn to live with it.

It will be an issue in the next election in a few ridings, but Canadians tend to be politically very smart. They are able to use their bullshit filters pretty well, and will get down to the real issues soon enough.

Because, it's been the law in Ontario for long enough for people to see the impact.

NONE
CPT_Doom
Well, apparently our neighbors to the North have one less obstacle to full and true marriage equality!

QUOTE
The Supreme Court of Canada gave the federal government the go-ahead Thursday to legalize gay marriage, but stopped short of saying that this was required by the Constitution.

Ottawa had hoped the court would require it to allow gay marriage across Canada, making it politically easier to push draft legislation through Parliament. The high court refused to give an opinion on this issue.

Instead, it declared only that the government had the authority to legislate on marriage and that its proposed definition of marriage as \"the lawful union of two persons\" would not violate the Constitution.

The government has already announced it is drafting such legislation, and it is, at this time, predicted to pass.

Amazing!

Canada's high court clears way for gay marriage
JC
QUOTE
Weapons of mass homosexuality.
Perhaps they fear an army of gay couples will invade from the North, like the Sacred Band of Thebes. It's not clear why the Supremes declined to state whether existing laws banning same-sex marriage were discriminatory--did they view that as a provincial, rather than federal issue? Anyone know?
gmginsfo
Good move, Canadian Justices! Your solution is a fair and simple one and there's no reason why it can't obtain down here as well. But then you were never saddled with snake handlers, tongue talkers and Southern Baptists!
Lksimcoe
QUOTE
JC:
QUOTE
Weapons of mass homosexuality.
Perhaps they fear an army of gay couples will invade from the North, like the Sacred Band of Thebes. It's not clear why the Supremes declined to state whether existing laws banning same-sex marriage were discriminatory--did they view that as a provincial, rather than federal issue? Anyone know?
My understanding is that the Justices declined to answer because the government had already decided to accept the decisions of the lower courts, making an opinion in that matter moot.
That was the one area that could have caused the GLBT area problems. Had the Supreme Court found that the Charter of Rights allowed marriage, but that the Provincial laws were not discriminatory, they that would have left the door open for Provinces to opt out of the Federal Law using the Notwithstanding clause.

By declining to answer it, they put the marriage responsibility fully in the Federal camp, while leaving the jurisdiction of registering them in the Provincial camp.

Basically, it was gays 100, 'phobes 0
canmark
Gay marriage is the lead story on all Canadian media. Woo hoo.

Paul Martin, Prime Minister of Canada said:

QUOTE
\"We are proceeding because quite simply, we believe in the Charter of Rights and the guarantee it provides to equality,\" Martin said in a statement read to reporters in Ottawa.

\"I do not believe you can have two classes of citizens.\"
I feel quite proud to be Canadian. smile.gif

As well as the Netherlands and Belgium (which have same sex marriage), I heard that New Zealand has just passed civil unions, plus

QUOTE
\"Just last week, South Africa expanded civil marriage to include same-sex couples. Spain will soon follow....\" (said Gilles Marchildon, executive director of the gay-rights group Egale Canada.)
From the Court's opinion:

QUOTE
“Several centuries ago, it would have been understood that marriage should be available only to opposite-sex couples.

“The recognition of same-sex marriage in several Canadian jurisdictions as well as two European countries belies the assertion that the same is true today.”

Opinions sent to the Toronto Star.
Lksimcoe
Now the feds appear to be openly supporting it. Gay marriage could be legal in another province as early as next Monday


http://www.thestar.com/NASApp/cs/ContentSe...ol=968350116467
canmark
The dominoes are falling. Gay marriage approved in Newfoundland
KeyWest Guy
Great news! The article says this makes the 8th province or territory to legalize same-sex marriage. Forgive my ignorance of things Canadian, but how many does this leave still to go?
hockeyTom
Way to go Canada, thats all I have to say! biggrin.gif biggrin.gif
Lksimcoe
QUOTE
KeyWest Guy:
Great news! The article says this makes the 8th province or territory to legalize same-sex marriage. Forgive my ignorance of things Canadian, but how many does this leave still to go?
There are 3 provinces: Alberta, New Brunswick and Nova Scotia, and 2 territories: North West Territory and Nunavut that still have to allow it, but 85% of the Canadian population have access to gay marriage in their home provinces.

Even ALberta has said that there is nothing they can do to stop it. It's a last-gasp grasping at straws by a dying conservative movement
KeyWest Guy
Thanks for the info. Now risking going off-topic (I never do that rolleyes.gif ), can you give a brief explanation what the difference is between a territory and a province. I think I have a general idea, but I could be entirely wrong (that never happens either. biggrin.gif )
glacier76
The provinces have a bit more power than territories, the biggest power being the ability to vote on changes on the Constitution.

With the exception of Alberta, these provinces and territories have rather small populations. So I think the reason the other provinces and territories haven't followed suit is because there may not be a gay couple living in those areas who is willing and able to bear the costs of suing the legislation.
Lksimcoe
QUOTE
glacier76:
The provinces have a bit more power than territories, the biggest power being the ability to vote on changes on the Constitution.

With the exception of Alberta, these provinces and territories have rather small populations. So I think the reason the other provinces and territories haven't followed suit is because there may not be a gay couple living in those areas who is willing and able to bear the costs of suing the legislation.
Actually, I have 2 friends, (well, aquaintences) that live in Iqualiut, (the capital of Nunavut) and want to get married, but the legal cost is too great. If they were an aboriginal couple, legal aid would pay, but they're not, so they're gonna wait..

With regards to Provinces and Territories, Provinces havve the right to control their own resources, health care, levy taxation etc.

In territories, the Federal Government does it on their behalf.

But remember, until 1904, with the exception of a tiny square for Manitoba, all of what is now Manitoba, Sasketchewan, Alberta, NWT was known as either the NWT in the west, and the District of Keewatin in the Centre, so the laws that were governed for the territories were designed for large areas, easily double what the territories are now.

Even most of Northern Quebec was part of the Territories.
Lksimcoe
http://atlas.gc.ca/site/english/learningre...grd8_1.html#top

This is a link to various historical Canadian Maps.

(I know it's off topic, but it does show the evolution of Canada, and it's weaning away from Britain, while retaining the British Ideals, which is benefiting GLBT peoples today.
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