Same-sex marriage in Alberta

From Wikipedia, the free encyclopedia
Canada-Gay Flag.png  Same-sex marriage in Canada
QC
Canadian Provinces and Territories
Legal
Reference Re Same-Sex Marriage
Halpern v Canada (AG)
Civil Marriage Act
Parliament
38th House · 38th Senate
39th House · 39th Senate
Same-sex marriage by province
Related
Civil unions in Quebec
Adult interdependent relationship in Alberta
Domestic partnership in Nova Scotia
Common-law relationships in Manitoba
  • v
  • t
Part of the LGBT rights series
Legal status of
same-sex unions
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 24 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
Portal LGBT.svg LGBT portal
  • v
  • t

Same-sex marriage in Alberta has been legal since July 20, 2005, upon the granting of royal assent to the federal Civil Marriage Act.[1] Alberta was one of the four Canadian provinces and territories where same-sex marriage had not been legalised prior to the enactment of the Civil Marriage Act, along with Prince Edward Island, the Northwest Territories and Nunavut.

Adult interdependent relationship[]

Main article: Adult interdependent relationship in Alberta

Since 2003, same-sex couples have had access to adult interdependent relationships, providing some of the rights and benefits of marriage. This includes alimony, health care benefits, inheritance, domestic violence protection, etc.

Civil Marriage Act[]

On June 28, 2005, the House of Commons of Canada passed the Civil Marriage Act, an act which defines Canadian civil marriage as a union between "two persons." The bill received royal assent by Deputy Governor General Beverley McLachlin a few weeks later and went into effect on July 20. Premier Ralph Klein responded by saying that the Alberta Government might opt to stop solemnizing marriages entirely, suggesting that in its place, the government would issue civil union licences to both opposite-sex and same-sex couples. Religious groups could still solemnize opposite-sex unions as marriages if they chose, but any civil ceremony would be permitted to recognize only a civil union. The Alberta Government also considered continuing to issue marriage licences to opposite-sex couples only in court, on the grounds that the Federal Government's legislation encroached on the Provincial Government's jurisdiction over the solemnization of marriage.

On July 12, 2005, Klein conceded that the advice given to him by legal experts was that a challenge in court to refuse to marry same-sex couples had no chance, and wasting taxpayers' money to fight it would be "giving false hope." Klein said, "much to our chagrin," the Alberta Government would issue marriage licences to same-sex couples when the bill received royal assent. Klein also said that the Alberta Government would enact provincial legislation to protect religious and civil officials who do not wish to perform a same-sex marriage. This would have meant that an Alberta marriage commissioner who refused to solemnize same-sex marriages would not be liable for dismissal on those grounds.[2] However, no such legislation was passed, indicative of the "sea change" in attitudes towards same-sex marriage in Alberta.[3] This mirrored similar developments in the neighbouring state of Saskatchewan where courts have twice struck down attempts to exempt marriage commissioners from performing same-sex weddings.

Provincial legislation[]

Marriage Act[]

The position of Premier Ralph Klein and the Progressive Conservative government had been to attempt to block same-sex marriages in Alberta should a court case require it or federal legislation pass it nationwide.[4]

On March 16, 2000, the Legislative Assembly of Alberta passed Bill 202 which amended the provincial Marriage Act to include an heterosexual-only definition of marriage. The bill also invoked the Notwithstanding Clause of the Canadian Charter of Rights and Freedoms. This insulated the Marriage Act from any legal challenge based on violation of Charter rights, including the Section 15 equality guarantees. Under the terms of the Notwithstanding Clause, such a declaration is effective for only five years after it comes into force. For the Marriage Act, this period expired on March 23, 2005. Premier Klein sent mixed messages about whether it would be renewed; ultimately, it was not.

While the act could not have been challenged under the Charter, the definition of marriage is outside the power of the Provincial Government, or ultra vires, and therefore invalid. The Constitution Act, 1867 is universally interpreted as giving provinces jurisdiction over only the solemnization of marriage, while all other aspects, including capacity to marry, are under federal jurisdiction. At the time Bill 202 was passed, Justice Minister Dave Hancock did not support it, saying: "In terms of legal effect, I'm convinced it doesn't have any." Hancock subsequently stated that he believed the act to be constitutionally valid and that Alberta would attempt to uphold it. Following the December 9, 2004 Supreme Court response to the federal reference of same-sex marriage, Hancock's successor, Ron Stevens, conceded that the Bill 202 amendments to the Marriage Act would likely be struck down as unconstitutional on account of its encroachment into what had by then been explicitly ruled a matter of federal jurisdiction.

During the 2004 provincial election campaign, Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans told him they want it.

In May 2014, the Legislative Assembly amended the Marriage Act to remove the Bill 202 amendments added in 2000, to replace references to "husband and wife" with the gender-neutral term "spouses" and add "or spouse" in section 8(2), nine years after same-sex marriage became legal in Alberta.[5] Several other acts were amended in a similar way. The legislation received royal assent by Lieutenant Governor Donald Ethell on 14 May. Section 8 of the Act states that each of the parties shall, in the presence of the marriage commissioner and the witnesses, declare:

I do solemnly declare that I do not know of any lawful impediment why I,______________, may not be joined in matrimony to ______________.

I call on those persons present to witness that I,______________, do take you,______________, to be my lawful wedded wife (or husband, or spouse).

Adoption Act[]

Same-sex couples have been allowed to adopt their stepchildren since 1999.[6] In February 2007, same-sex couples won the right to adopt children jointly.[7]

Marriage statistics[]

2,485 same-sex couples married in Alberta from 2005 to 2014.[8] The 2016 Canadian census showed that there were 6,110 same-sex couples living in Alberta.[9]

Religious performance[]

In July 2019, the synod of the Anglican Church of Canada passed a resolution known as "A Word to the Church", allowing its dioceses to choose whether to perform same-sex marriages.[10] A few days after the vote, Bishop Jane Alexander of the Anglican Diocese of Edmonton issued a pastoral letter authorising clergy in the diocese to officiate at same-sex marriages. The measure includes a freedom of conscience clause for clergy opposed to performing the marriages. The Anglican Diocese of Calgary does not perform same-sex marriages.[11] In October 2017, the diocesan synod voted with a 57.4% majority to request Bishop Greg Kerr-Wilson to permit parishes to bless civil same-sex marriages.[12][13] The Diocese of Athabasca, encompassing northern Alberta, likewise does not perform same-sex marriages.[14]

Public opinion[]

An EKOS/CBC poll in 2002 indicated that attitudes towards same-sex marriage were more supportive in Alberta than they were in the provinces of Manitoba and Saskatchewan, both of which had recognized same-sex marriage earlier.[15]

An October 2011 poll conducted by the Citizen Society Research Lab at Lethbridge College found that 72.1% of Albertans supported same-sex marriage, while 27.9% were opposed.[16][17]

See also[]

  • Same-sex marriage in Canada
  • LGBT rights in Canada

References[]

  1. ^ "Debate about SSM in Alberta". Kingston: Ontario Consultants on Religious Tolerance. 21 January 2005. Retrieved 10 March 2011.
  2. ^ "Alberta backs down on same-sex marriage". CTV. 13 July 2005. Archived from the original on May 14, 2011. Retrieved 10 March 2011.
  3. ^ Fortney, Valerie. "'A sea change' in attitudes toward Alberta gay marriages," Calgary Herald, 20 September 2012, accessed 6 October 2013.
  4. ^ "Bound by Law". The Economist. 11 November 2004. Retrieved 10 March 2011.
  5. ^ "Bill 12: Statutes Amendment Act, 2014". Legislative Assembly of Alberta. Retrieved February 10, 2016.
  6. ^ Sexual Orientation and Legal Rights
  7. ^ "Gay couple leaps 'walls' to adopt son". Postmedia News. Archived from the original on March 3, 2016. Retrieved February 10, 2016.
  8. ^ "Marriage Events Vital Statistics – Same-Sex Marriages". Alberta Government.
  9. ^ "Families, households and marital status: Alberta". www12.statcan.gc.ca.
  10. ^ Zeidler, Maryse (13 July 2019). "Anglican Church rejects same-sex marriage approvals in vote". CBC News.
  11. ^ "Statement from Bishop Greg Kerr-Wilson" (PDF). 2019.
  12. ^ Folkins, Tali (24 October 2017). "Calgary synod asks bishop to consider allowing same-sex blessings". Anglican Journal.
  13. ^ "Inclusion at St. Laurence". St. Laurence Anglican Church.
  14. ^ "Diocese of Athabasca will abide by Marriage Canon vote". Anglican Samizdat. July 26, 2019.
  15. ^ "Canadian Public Opinion Polls 1996 - 2002". Kingston: Ontario Consultants on Religious Tolerance. 12 February 2005. Retrieved 10 March 2011.
  16. ^ Albertans’ Opinion Structure on Six Policy Issues
  17. ^ Is Alberta shifting left?

External links[]

Retrieved from ""