Same-sex marriage in British Columbia

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  1. Performed statewide in 24 states and Mexico City, in certain municipalities in two other states, 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. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  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. Recognition of foreign marriage for parental rights
  11. Unregistered cohabitation or Maitri Karar–type contractual relationships
  12. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  13. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent
  14. Limited to spouses of foreign diplomatic officials.
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Same-sex marriage in British Columbia became legal on July 8, 2003, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licenses. This made British Columbia the second province in Canada, as well as the second jurisdiction in North America (and the fourth worldwide), to legalize same-sex marriage, behind Ontario.[1]

Timeline[]

On July 4, 1995, the Legislative Assembly of British Columbia approved the Adoption Act, permitting cohabiting same-sex couples to adopt children jointly. British Columbia became the first province in Canada to allow same-sex couples to adopt.[2] The law took effect on November 4, 1996.[3]

In July 1997, the New Democratic Party Government of Premier Glen Clark introduced bills to recognise "the marriage-like relationship between persons of the same gender" in the Family Relations Act and the Family Maintenance Enforcement Act, granting same-sex couples the same legal rights as married spouses with regards to child custody and maintenance. Despite opposition from religious groups, the bills were passed overwhelmingly in the Legislative Assembly, and received royal assent by Lieutenant Governor Garde Gardom.[4]

In July 2001, eight same-sex couples filed a lawsuit in court, arguing that the denial of marriages rights to same-sex couples violates the Charter rights of gays and lesbians. On October 2, 2001, British Columbia Supreme Court Justice Ian Pitfield ruled against same-sex marriage, arguing it was not allowed under the Canadian 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." Justice Pitfield would be the sole judge in Canada to rule against same-sex couples. The couples appealed the decision to the Court of Appeal.[4]

On May 1, 2003, justices of the British Columbia Court of Appeal ruled 3–0 that the 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 Government of Canada until July 2, 2004 to change the definition of marriage to include same-sex couples, similar to the ruling issued in Ontario. On July 8, 2003, the Court of Appeal issued 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 lifting the stay in its own ruling in June 2003. The ruling stated that "any further delay will result in an unequal application of the law between Ontario and British Columbia." 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. Two conservative religious groups attempted to appeal the decision to the Supreme Court of Canada, but as they only had party intervenor status in the case, their attempt was unsuccessful.[4]

In August 2003, Celia Kitzinger and Sue Wilkinson married in Yaletown. They returned to England and demanded that it recognize their marriage. This was the beginning of the marriage equality movement in the United Kingdom.

On June 15, 2005, a B.C. Supreme Court judge in Nanaimo granted British Columbia's first same-sex divorce in the case of J.S. v. C.F..[5] Although same-sex marriage had been legal in British Columbia for two years, the Divorce Act still defined marriage as being between a man and a woman. The judge, Madame Justice Laura Gerow, with the consent of the Attorney General, Irwin Cotler, changed the Divorce Act to include same-sex couples.[6]

On November 23, 2011, the Legislative Assembly enacted the Family Law Act, which uses gender-neutral language with regards to married spouses. The Assembly also amended the Marriage Act to replace references to "husband and wife" with "spouses" in various sections and add "or spouse" in section 20(c).[7] The legislation, which received royal assent by Lieutenant Governor Steven Point, amended provincial law to read that each of the parties to a marriage, in the presence of a marriage commissioner and at least two witnesses, says to the other:

I call on those present to witness that I, A.B., take C.D. to be my lawful wedded wife (or husband) (or spouse). [RSBC 1996, c 282, s 20 (c)]

Marriage statistics[]

In 2003, 735 same-sex marriages were performed in British Columbia. Most were between persons who resided in the United States rather than in Canada.[8]

British Columbia has become a popular marriage destination for same-sex couples, and Vancouver was listed in the "Top 10 Gay Wedding Destinations" by Lonely Planet in 2014.[9]

Public opinion[]

A June 12–July 6, 2003 Environics Research poll found a 53%–43% margin nationwide in favour of same-sex marriage. The poll concluded that British Columbia had one of the highest levels of support in the country, but did not give a figure.[10]

A December 14–January 5, 2005 Environics Research poll found 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.[11]

References[]

  1. ^ "Developments about homosexual (Same-Sex) marriage in B.C., Canada". Kingston: Ontario Consultants on Religious Tolerance. 2 November 2006. Retrieved 11 March 2011.
  2. ^ "BILL 51 -- 1995 ADOPTION ACT". Legislative Assembly of British Columbia. Retrieved January 20, 2015.
  3. ^ Adoption Act; Financial Administration Act Adoption Regulation
  4. ^ a b c "Same-Sex Marriages in Canada–British Columbia (BC)". Religious Tolerance.
  5. ^ B.C.'s first gay divorce granted
  6. ^ "J.S. v. C.F., 2005 BCSC 1011".
  7. ^ "BILL 16 — 2011 FAMILY LAW ACT". Legislative Assembly of British Columbia. Retrieved 29 January 2016.
  8. ^ "Marriage-related Statistics" (PDF). Archived from the original (PDF) on April 7, 2014. Retrieved March 12, 2021.
  9. ^ Zimmerman, Karla (February 2014). "Top 10 gay wedding destinations". Lonely Planet. Archived from the original on 5 June 2020. Retrieved 5 June 2020.
  10. ^ Most Canadians Support Gay Marriage Archived 2006-08-23 at the Wayback Machine
  11. ^ Environics Poll Archived 2006-06-16 at the Wayback Machine

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