July 21, 2004

Stuck on You

Thanks to Serge for bringing this to my attention.

Just over a year ago, the Ontario Court of Appeal legalised same-sex marriage. A week after the court's decision and eager to pledge their undying love for one another, M.M. and J.H. were joined in unholy matrimony, notwithstanding the lack of a Y chromosome between them. They separated five days later.

Now they can't get a divorce. Ontario may have married them, but it doesn't have the power to put them asunder. Even though British Columbia, Quebec and the Yukon have joined Ontario in removing the gonadal diversity requirement for legal union, disunion will require action in Ottawa. The Divorce Act, which is federal legislation, defines spouses as "either of a man or a woman who are married to each other."

The lawyer for one of the women is using the opportunity to challenge the constitutionality of the Divorce Act. It looks to me like this is a prime opportunity to force gay marriage on all of Canada through the back door.

Posted by david at July 21, 2004 11:30 PM | TrackBack
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