Canada legalize same sex marriage
A History of Same-Sex Marriage in Canada
Written on behalf of Shariff & Associates
Canada is known around the world for its liberal and progressive laws. Although same-sex marriage was first declared legal in The Netherlands in , Canada quickly followed suit by
However, the road to legalizing same-sex marriage was a elongated one. This article will search how homosexuality became legal in Canada and how it became legal for same-sex couples to marry all across Canada. And although same-sex marriage was made legal in Canada in , many laws as they relate to the LGBTQ2 family demand much-needed updates for equality to fully be realized.
Homosexuality used to be illegal in Canada
Homosexuality was illegal in Canada until , when it was decriminalized by the Criminal Law Amendment Act of The bill decriminalized sexual acts of consenting adults over the age of 21 years, regardless of their gender.
The decriminalization of homosexuality is one of former Prime Minister Pierre Elliott Trudeau’s most notable contributions to Canadian law. As he famously stated in in defe
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 verb 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
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 adj 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 benefit of the law without discrimination;
WHEREAS the courts in a majority of the provinces and in one territory have recognized that the right to equality without discrimination requires that couples of the identical 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 have married in reliance on those court decisions;
WHEREAS only equal access to marriage for civil purposes would respect the right of couples of the identical sex to equality without discrimination, and civil union, as an institution other than marriage, would not offer them that equal access a
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 marry, making Canada only the fourth country 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 male and one woman 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