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talkpoliticsIn 2005 a lesbian couple came to Toronto to be wed. Recently they returned to be divorced and found they were not really married.
Toronto has performed same sex marriages since the late 1990s and it became part of federal legislation in 2005 under then Prime Minister Paul Martin (Liberal Party.) Since then 15,000 same-sex marriages have taken place in Canada, 5000 of them citizens of the US or other countries.
Documents from the court case of the couple seeking the divorce reveals that the position of the Department of Justice, under Harper, is that couples can only legally divorce here if they live in the country for one year prior to the divorce and that their marriage is legal here only if it is also legal in their home state or country. This effectively ends the legality of almost all of the 5000 marriages performed, marriages Canada provided licenses for, licenses the government is now refusing to honour.
This goes far beyond an embarrassment to Canada's reputation in regards to same sex rights. Many of these couples used those licenses given to prove married status, to their employers, doctors or just among their community. It is unclear at this point what effect this reversal in federal policy will have on those procedures but it is likely many rights granted due to the official marriage status will now be dissolved. Also at risk are child custody, spousal support and asset division.
This is a shameful act for Canada to do. We granted these marriage licenses with no mention of any need of these new regulations in order to be officially recognized. We should continue to operate under the good faith in which they were granted.
As for Harper, he is claiming little knowledge of the case or the Justice Department's position, a claim many find ridiculous and unlikely. After the immediate uproar both here and all over the world, the Minister of Justice has promised to look into the case and clarify the federal position regarding the the dissolution of these marriages. But he did not address, nor has anyone from the Harper government, the issue of whether these marriages are legal at all. Given how hotly contested the legislation was in 2005, with many Liberals leaving party ranks to vote with the Conservatives against the issue, and with the Conservatives now having a majority, this has become a precarious moment for gay rights in Canada and a major black eye to our reputation as a land of equality.
Oh, and next up on the Harper government agenda? Abortion
Toronto has performed same sex marriages since the late 1990s and it became part of federal legislation in 2005 under then Prime Minister Paul Martin (Liberal Party.) Since then 15,000 same-sex marriages have taken place in Canada, 5000 of them citizens of the US or other countries.
Documents from the court case of the couple seeking the divorce reveals that the position of the Department of Justice, under Harper, is that couples can only legally divorce here if they live in the country for one year prior to the divorce and that their marriage is legal here only if it is also legal in their home state or country. This effectively ends the legality of almost all of the 5000 marriages performed, marriages Canada provided licenses for, licenses the government is now refusing to honour.
This goes far beyond an embarrassment to Canada's reputation in regards to same sex rights. Many of these couples used those licenses given to prove married status, to their employers, doctors or just among their community. It is unclear at this point what effect this reversal in federal policy will have on those procedures but it is likely many rights granted due to the official marriage status will now be dissolved. Also at risk are child custody, spousal support and asset division.
This is a shameful act for Canada to do. We granted these marriage licenses with no mention of any need of these new regulations in order to be officially recognized. We should continue to operate under the good faith in which they were granted.
As for Harper, he is claiming little knowledge of the case or the Justice Department's position, a claim many find ridiculous and unlikely. After the immediate uproar both here and all over the world, the Minister of Justice has promised to look into the case and clarify the federal position regarding the the dissolution of these marriages. But he did not address, nor has anyone from the Harper government, the issue of whether these marriages are legal at all. Given how hotly contested the legislation was in 2005, with many Liberals leaving party ranks to vote with the Conservatives against the issue, and with the Conservatives now having a majority, this has become a precarious moment for gay rights in Canada and a major black eye to our reputation as a land of equality.
Oh, and next up on the Harper government agenda? Abortion
(no subject)
Date: 13/1/12 01:18 (UTC)(no subject)
Date: 13/1/12 02:07 (UTC)We have three more years of this, I'm honestly scared of what he can do in that time. Especially with the opposition party, the NDP, falling apart in the wake of Jack Layton's death.
(no subject)
Date: 13/1/12 02:08 (UTC)(no subject)
Date: 13/1/12 04:53 (UTC)First of all Harper's Government had nothing, nada, ziltch to do with this decision.
Secondly, Harper has kept his promise not to reopen same sex marriage debate, and this is not evidence that he's just done so in some back door way.
Thirdly, if you had bothered to research this issue at any time today you would have read the news from 1030 eastern standard time this morning when considering the circumstances, Harper himself said he was looking into this very issue to find ways that these couples could legally divorce.
I think you owe a retraction, apology or something because of the way you framed this entry as being somehow Harper's fault.
(no subject)
Date: 13/1/12 11:19 (UTC)(no subject)
Date: 13/1/12 15:41 (UTC)Fear mongering begins when people suggest that their marriages are not valid. This has become an issue because there's a residency requirement for divorce, gay or straight. An it's an issue for GLBT because straight couples don't travel abroad to get divorced because we don't have to. Straight marriages are recognized in Florida.
(no subject)
Date: 13/1/12 03:56 (UTC)(no subject)
Date: 13/1/12 11:20 (UTC)(no subject)
Date: 13/1/12 13:49 (UTC)(no subject)
Date: 13/1/12 04:37 (UTC)A marriage is only as good as those that recognize that marriage. If two first cousins got married in Alabama, it would not be recognized in Canada where it is still prohibited by law. First cousins who marry would not have the rights a privileges afforded to recognized marriages... such as divorce.
If I a straight person, married my partner in Vegas, or Honolulu, or Paris or anywhere outside Canada, I would have to register that marriage here in Canada for it to be entered in the system. If we don't, it might be good enough for my friends and family to recognize, but it would be tough trying to get a legal divorce for a marriage that was never registered.
(please note there are common-law marriages but they each province has different criteria to meet and they are recognized differently by each province, if a province recognizes common-law at all. Common-law is often considered quite different then registered marriage as well)
As for my opinion, I'm not sure we should allow divorce proceedings for foreigners. This isn't Las Vegas (well, with the exception that Niagara Falls seems to want to be).
I mean there is a real fundamental difference between marriage and divorce. Marriage is the celebration of two people union together and that celebration can be anything a couple dreams up, including anywhere. It's an event that takes about 10mins but most folks stretch it out over a day, maybe even a weekend or a few weeks. But a divorce can take years.
I never heard of people flying off to Rio to have their divorce finalized. Maybe future divorcees should go to Albania, I hear it's lovely. But to go to Canada to get a divorce that's not recognized in their place of residence seems mighty foolish. Maybe they just like poutine. But it would be far easier just to part ways without all the hububaloo of travelling across an international border.
It maybe a black eye on gay rights. I just don't see it that way.
BTW this has nothing to do with Harper. Dept of Justice transcends the Government sitting in Parliament. The same Dept of Justice heads were sitting there under previous governments.
Besides, now that this issue has been in the news a full 12hrs,The Harper government is considering how to make divorce possible for same-sex couples who had to come to Canada to get married. (http://www.cbc.ca/news/canada/thunder-bay/story/2012/01/12/pol-harper-same-sex-marriage.html)
(no subject)
Date: 13/1/12 11:21 (UTC)(no subject)
Date: 13/1/12 15:28 (UTC)Really, you should read the news regarding this issue, because you seem rather misinformed.
(no subject)
Date: 13/1/12 15:42 (UTC)(no subject)
Date: 14/1/12 00:21 (UTC)The fact that a couple is suing the Canadian government for $30,000 because they didn't bother to understand that there is a residency requirement for divorce?
Or that certain media is trying to mislead the public with the idea that some/all same sex marriages are somehow invalid?
Or that the Liberals didn't anticipate the foreigners wed in Canada would come back to Canada to get divorced when they allowed same sex marriage?
Or that some media are blaming this problem on Stephen Harper, when the ruling clearly came from the Dept of Justice (a non-political office)?
(no subject)
Date: 14/1/12 02:23 (UTC)(no subject)
Date: 14/1/12 04:29 (UTC)Even a micro-manager like Harper couldn't possibly review every case before the courts personally. With 26 Ministers in his cabinet, Justice issues are less then 5% of the business that he is being updated on. Suggesting that the PM was aware of the case, or personally involved in it's decisions is the stuff of conspiracy.
(no subject)
Date: 13/1/12 04:40 (UTC)(no subject)
Date: 13/1/12 06:52 (UTC)(no subject)
Date: 13/1/12 11:24 (UTC)(no subject)
Date: 13/1/12 08:33 (UTC)(no subject)
Date: 13/1/12 11:23 (UTC)