06/28/2005
It's Official: Gays Can Marry Across Canada
Canada today became the third country in the world, along with Belgium and the Netherlands, to legalize same-sex marriage. Legislators voted 158-133 in support of the bill.
Prime Minister Paul Martin spoke out shortly before the vote: "We are a nation of minorities and in a nation of minorities, it is important that you don't cherry pick rights. A right is a right and that is what this vote tonight is all about." Earlier, he had also said, "I rise in support of a Canada in which liberties are safeguarded, rights are protected and the people of this land are treated as equals under the law."
After Martin demanded his cabinet vote for the bill, one cabinet member resigned so that he would be able to vote "no". The next federal elections will be held early next year, and already liberals are fearing a backlash.
Canadian Parliament Approves Same Sex Marriage [reuters]
Historic Commons vote paves way for same-sex marriage across Canada [edmonton journal]
Posted 10:13 PM EST by Andy Towle in Canada, Gay Marriage, News | Permalink
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It used to be America that would take steps forward through a screaming, angry crowd. Now, it's Canada. I applaud them.
Being progressive can be difficult in the face of those that believe that action or thought is wrong. I greatly support Canada for this step forward.
For the battles yet to come.
Posted by: Rob | Jun 28, 2005 10:29:43 PM
Once again, Canada puts us to shame. They are without a doubt a more civilized country.
Posted by: liberal server | Jun 28, 2005 10:39:12 PM
Not to nit pick, but Denmark was actually the first country to legalize same-sex marriages.
Posted by: Johnnie | Jun 28, 2005 10:41:50 PM
As I understand it, while Denmark and other countries like Germany have legalized registered same sex partnerships, those partnerships do not include all the benefits that straight married couples enjoy. The Netherlands, and now Canada, have given same-sex couples equal rights across the board. Belgium, I believe, still will not allow same-sex couples to adopt children. There have been some amendments to these laws over the years so please forgive - I may not be completely accurate. Canada is great news though.
Posted by: andy | Jun 28, 2005 10:57:25 PM
Check out this timeline of same-sex issues in Canada. Interesting, no?
OTTAWA (CP) - Canada will become the third country to formally recognize same-sex marriage. The legislation comes after decades of debate on homosexual rights. Some milestones:
-1967: Supreme Court upholds lower-court ruling that proposes life imprisonment as a maximum penalty for homosexuality.
-1969: Bill C-150 decriminalizes homosexuality.
-1977: Quebec becomes first province to include sexual orientation in its human-rights code, making it illegal to discriminate against gays.
- 1985: The Charter of Rights and Freedoms promises "equal protection and equal benefit" for all citizens.
- 1989: The Canadian Human Rights Commission declares that homosexual couples should be considered families.
- 1992: Gays and lesbians are given the right to serve in the military.
-1999: The House of Commons - including members of the current Liberal government - votes to preserve definition of marriage as a union between man and woman.
- June 2003: The Ontario Court of Appeal issues a landmark ruling that declares traditional marriage laws unconsitutional.
- June 2004: A married lesbian couple in Ontario files the first same-sex divorce petition in Canada.
- December 2004: Supreme Court says Ottawa has the power to redefine marriage, but says religious officials can't be forced to marry same-sex couples.
- February 2005: Bill C-38 sanctioning gay marriage tabled in the House of Commons.
- June 28, 2005: Bill C-38 is adopted by a vote of 158-133.
Posted by: Sean | Jun 28, 2005 11:31:53 PM
I'm pretty sure that PM Paul Martin did not demand any of the cabinet to vote in favour of the bill. It was a Free Vote.
"eh & gay"
Posted by: Rio | Jun 29, 2005 12:11:03 AM
Actually, yes, the cabinet ministers were ordered by Prime Minister Martin to vote yes on the bill. Only the other Liberal MPs could vote their conscience. That's why one MP, Joe Comuzzi, resigned from the cabinet today so he could vote against the bill.
Posted by: Sean | Jun 29, 2005 12:14:41 AM
It's true that in Canada political parties have more authority in forcing members to vote the party line than they do in the U.S. For instance, if a Liberal Party member does not vote with the Prime Minister, the PM has the ability to essentially move them out of the party's caucus, to the "backbench," which gives them little opportunity to speak up or have much of a say in Parliament.
Posted by: Sebastian | Jun 29, 2005 8:58:33 AM
I really like the term "Equal Marriage", and think we should probably start using it more.
Posted by: rob adams | Jun 29, 2005 10:36:55 AM
yay Canada!
Posted by: jase | Jun 29, 2005 10:41:23 AM
Those folks who say that Martin forced his party members to vote 'yea' on the legislation are correct: he issues the order and members must do it or else they will feel sanctions. However, it is really just an institutionalization of the back-door agreements that regularly produce party-line votes in the US senate. A note on Sean's timeline: in 1969, when Trudeau de-criminalized homosexuality, he uttered the famous line (to paraphrase) that 'the government does not belong in the bedrooms of the nation', a watershed moment in thinking about sex and sexuality in Canadian law.
Posted by: Derrick | Jun 29, 2005 10:43:27 AM
There are only a few (10-15) ministers on the liberal cabinet, and they aren't "forced" to vote for equal marriage - they can resign if they don't want to vote with the prime minister (as one minister did). The rest of the party was free to vote against equal marriage and many did (approx 35 or so).
One conservative province's leader, Alberta's Ralph Klein, is "thinking about getting out of the marriage business altogether" so that the only institutions capable of granting marriage licenses are religious institutions: the same institutions that are protected by this new law from being forced to perform marriages for same sex couples.
This strategy probably won't succeed as it would contravene provincial responsibilities not just to same sex couples under federal law, but to those who wish to be married in a non-religious context.
Way to go......llloooser.
Posted by: Peter | Jun 29, 2005 1:25:24 PM
>> Canada today became the third country in the world, along with Belgium and the Netherlands, to legalize same-sex marriage. Legislators voted 158-133 in support of the bill. <<
Just to clarify one thing, it's actually not yet true that Canada has now legalized same-sex marriage. The vote yesterday was only in the House of Commons, the equivalent of the US House of Representatives; the bill still has to pass the Senate before it becomes law.
While most observers consider it to be a foregone conclusion that the Senate will approve the bill (and do so by the end of July), which is why the focus has been on what would happen in the House of Commons, the opponents of the bill are still scrambling for ways to somehow delay or even defeat the bill in the Senate. Not likely to happen, but still, all those champagne corks popping are technically premature; legislative surprises have happened before, in all countries.
Posted by: David | Jun 29, 2005 3:03:15 PM
It DOES need Senate approval, but unlike the Senate in the U.S., the Canadian Senate is hand picked by the Prime Minister. It's an unelected body.
Posted by: Sebastian | Jun 29, 2005 4:05:23 PM
Canadian Senators serve until they are 75, so it's not as though the current Senate reflects the choices of the current PM alone; Senators selected by previous PMs (including those of different parties) continue to serve. (Technically, the Governor-General appoints the Senators, though upon the "advice" of the PM, so de facto, yes, PMs choose.)
Moreover, once appointed, Senators vote as they wish (though only rarely do they reject something that was already passed in the Commons). Over the years, some of Reagan and Bush I's judicial appointments in the US have surprised folks with their actual votes; Canadian Senators, analogously, are freed from popular election and can vote their conscience.
The last breakdown I saw had a solid Liberal majority in the Senate of about 2/3, but the party is in fact internally split on the marriage issue, and many Liberal Senators were put in by previous Liberal governments, not this one. Voting with Conservatives and Progressive Conservatives, less-liberal Liberals could (in theory) defeat liberal Liberals on an issue. (And even more conceivable, albeit still unlikely, that internal Senate rules and committee maneuverings could bottle the bill up into autumn. The anti-marriage Canadian groups whose websites I've been monitoring have been pinning their hopes now on bottling the bill up in the Senate so long that the Martin government falls first (he's not exactly a popular PM overall), and a new election gets held that could change the outcome in the Commons, thereby shortcircuiting the bill before it ever becomes law. Farfetched? Yeah. Unlikely? Yeah. Wholly impossible? Naw.)
Don't get me wrong; I'm not at all saying it's likely the bill will be defeated, just that it's not completely impossible or inconceivable, and it's certainly not technically true *yet* that same-sex marriage has been legalized throughout Canada. Until that bill actually becomes law, EGALE and the other marriage-equality groups can't fully let their guard down. (Of course, even then, the anti-equality folks vow they'll still get a new Commons elected, one that will revoke the new law ASAP.)
Posted by: David | Jun 29, 2005 8:21:40 PM
They can vow away. I think Paul Martin can rest knowing that opponents campaigning against ss marriage are going to have an uphill battle.
Posted by: Peter | Jun 30, 2005 2:56:03 AM
Ah, so that's why NPR quoted Spain as being the "3rd" country to legalize. Well, 2nd, 4th, 25th, as long as it happens, I suppose it's a plus. As a Canadian transplant, I am thrilled and hope that the Senate will motion it through without a hitch. I grew up in Vancouver when the slogan was "multiculturalism Canada" - suppose that still applies..
For the record, regarding the US, I'm guessing it will come somewhere after about 50 countries or so..
Posted by: Byron | Jul 2, 2005 4:31:05 PM
i am gay and proud,i would very please if you could help me date a partner.big kisses and smile.
Posted by: yoyo | Jul 6, 2005 9:07:35 AM
i m a young from morocco
i m looking for to marry with a young from canada
can you help me to realize my dream cause it's forbiden here in morocco
Posted by: z mahjoub | Dec 14, 2005 7:44:52 PM
COngratulations Canada! I am an Australian citizen who is not allowed to marry my (German) partner here in Berlin. The German authorites have said it is fine, they just request a "certificate of no impendment to Marriage" as most coutries do when a foreigner wishes to marry under their law. But not only does Australia not allow gay marriage in Australia, or even recognize gay marriages that have taken place legally in other countries -- Australia refuses to issue me (amongst other people with the same intentions) with the appropriate paper work, They have designed the application form so that it must be filled in with the details of the MALE and FEMALE wishing to be married. I have made countless calls to be told the same bullshit every time. Australia will not even let me marry my partner when i dont even live there any more. I have cried and screamed over this...
Posted by: Jessica Vandyk | Sep 25, 2006 12:03:18 PM