Thanks to an Ontario Court of Appeal decision, Canada has become the latest nation to affirm equal marriage rights for gays and lesbians, and the Canadian government has decided not to appeal that decision and similar decisions by courts in British Columbia and Quebec. It will instead introduce legislation recognizing same-sex marriages.
      The Ontario court unanimously set aside Canada’s federal heterosexual-only definition of marriage and ordered the Toronto city clerk to immediately issue marriage licenses to the sevengay couples who had applied for them. The three-judge panel, including Chief Justice Roy McMurtry and justices James MacPherson and Eileen Gillese, said that denying gays and lesbians the ability to marry offends their dignity, discriminates on the basis of sexual orientation and violates their equality rights under the Charter of Rights and Freedoms.
      The court ordered the legal definition of marriage to be changed to “the voluntary union for life of two persons to the exclusion of all others” and ruled that any delay in implementation would be a denial of constitutional rights.
      “The ability to marry, and to thereby participate in this fundamental societal institution, is something that most Canadians take for granted. Same-sex couples do not; they are denied access to this institution simply on the basis of their sexual orientation,” according to the Court of Appeal.
      “Preventing same-sex couples from marrying perpetuates the view that they are not capable of forming loving and lasting relationships and not worthy of the same respect and recognition as heterosexual couples,” the court added. According to a report on Star.com, “The judges systematically disposed of Ottawa’s arguments for preserving marriage as a heterosexual domain, saying they were filled with irrelevancies, stereotypes and ‘circular reasoning.’”
       Friday’s court challenge was initially brought by seven Toronto couples who had been refused marriage licenses. The two couples – Anne and Elaine Vautour and Kevin Bourassa and Joe Varnell – who had sued the government of Ontario for not accepting their church marriages as legally valid, joined the legal challenge.
      The Vatours and Bourassa and Varnell wed during a joint service at Metropolitan Community Church of Toronto in January 2001. They had used an old Canadian law of reading banns – formally asking the congregation for three consecutive Sundays if anyone objected to the couple’s marriage – in order to get city-issued marriage licenses. But when the officiant, the Rev. Dr. Brent Hawkes, tried to register the unions with the province, the minister of consumer affairs refused.
      The Ontario Court of Appeal recognized the marriages and ordered that certificates of registration be issued to the two couples. In addition, Michael Leshner, a Crown Attorney, and his partner Michael Stark, who were plaintiffs in the suit, obtained immediate licenses and were married by a judge. The two men, who had been together for 20 years, managed to shop for rings before the ceremony, according to several reports. There was so much excitement in the air that their miniature schnauzer threw up in the jewelry store.
      Leshner, 55, and Stark, 45, were married in a jury room accompanied by about 50 friends, family and well-wishers, including Leshner’s 90-year-old mother Ethel. The two men, it was reported, did not wait for the justice to invite them to kiss after pronouncing them “lawfully wedded spouses.”
      The pressure on the federal government to legalize gay marriage is building with the Ontario Court of Appeal ruling and previous rulings in Quebec and British Columbia in favor of same sex marriage. It is unique, however, in that the court explicitly required that its ruling be implemented immediately. Other rulings have stayed their effect for more than a year until the federal government can study the issue and enact new laws.
      The Justice Committee of the Canadian House of Commons narrowly voted 9-8, with a tie-breaking vote by the committee chairman, in favor of supporting the ruling, passing a resolution (offered by openly gay member Svend Robinson) urging the government not to appeal. The committee is nearing completion of a broader report on the social impact of gay marriage to Prime Minister Jean Chretien.
      The federal government which in this case lost its appeal of a lower-court ruling, had 30 days from June 10 to “seek leave” to appeal to the Canadian Supreme Court. The government decided as we went to press not to appeal.
      Because Ontario’s marriage regulations contain no residency requirements (although obtaining a divorce decree requires a one-year residency), American same- and discordant-sex couples may cross the border to be married. The cost of a license is about $100 U.S. “How convenient,” commented one Vermont lesbian at the Pride Fest in Burlington. “We can go see Niagara Falls, cross the border, get married, and be right there for our honeymoon!”
      In a press release, MCC’s founder Rev. Troy Perry announced his intention to fly with his partner Phillip De Blieck to Canada, “in the near future to be legally married under Canadian law – then we will return to the United States to carry on the fight for justice and equality in the U.S.” The marriage ceremony will be performed by Rev. Dr. Brent Hawkes at a date to be announced later.
      In a joint advisory statement offered by GLAD, Lambda Legal, the National Center for Lesbian Rights, the ACLU Lesbian & Gay Rights Project, and Freedom to Marry, American gays and lesbians were cautioned to think through their decision before rushing across the border to marry.
      “American couples who go to Canada to marry should realize that the decision is not just a political gesture, but rather is about taking on all the responsibilities, legal obligations, joys, and wonder of being married,” read the press release. “When couples who marry in Canada come home – although they might face uncertainties and discrimination – they will be as married as any people on the planet. That means, for example, the couples will identify as married on applications/forms for jobs, apartments, credit, mortgages, insurance, medical treatment, and taxes.”
      It is unclear as yet whether the U.S. “Defense of Marriage Act” (DOMA) will apply to same-sex marriages performed in another country, or even whether the law is legal under the U. S. Constitution.
      “Some but not all businesses, states, and others will refuse to honor these lawful marriages, along with the federal government,” according to the advisory statement. “And couples with a member in the military, or on public assistance, or in the U.S. on a visa will face particular complexities.
      “For those who contemplate litigation as a response to discrimination against their marriage, it is critical to remember that any legal case has profound implications beyond the individuals involved. ...Couples should absolutely not race across the border just to set up lawsuits; the wrong cases could set us back for years.
      “Again, this is a civil rights struggle, and we must bring all of our resources to each part of the struggle: telling stories, politically organizing, engaging non-gay allies, working in legislatures, and very selectively litigating. Together we can win marriage equality here in the United States.”
      Meanwhile newspapers across Ontario from Kingston to Sault St. Marie are running articles with variations on a single headline: First Gay Marriage License Issued.

Compiled from news reports and press releases.