Lesbians' divorce again attacks Canadian law.Toronto--A lesbian couple made legal history on September 13, 2004, becoming the first divorced same-sex couple A same-sex couple is a pair of people of the same gender who pursue a romantic or sexual relationship together. The term "same-sex relationship" may be used when the sexual orientation of participants in a same-sex relationship is not known. in Canada, and perhaps the world (Toronto Star The Toronto Star is Canada's highest-circulation newspaper, though its print edition is distributed almost entirely within Ontario. It is owned by Toronto Star Newspapers Ltd., a division of Star Media Group, a subsidiary of Torstar Corporation. , Sun Globe, Post, Sep. 14, 2004). The women were granted a divorce by Justice Ruth Mesbur. This judge also declared that the definition of spouse in Canada's Divorce Act Canada's Divorce Act (R.S., 1985, c. 3 (2nd Supp.)) is the federal Act that governs divorce in that country. The Constitution of Canada has explicitly made marriage and divorce the realm of the federal government rather than of the provinces. is "unconstitutional, inoperative Void; not active; ineffectual. The term inoperative is commonly used to indicate that some force, such as a statute or contract, is no longer in effect and legally binding upon the persons who were to be, or had been, affected by it. , and of no force and effect." Less than 24 hours after the couple's divorce petition was publicized, the Justice Department was forced to point out that excluding gays and lesbians from the definition of "spouse" in the Divorce Act would prohibit them from divorcing. Earlier, it had told the judge to delay the case until after the Supreme Court has ruled on the constitutionality of same-sex "marriage", but Ruth Mesbur ignored that advice. The lesbians spent almost ten years together before "marrying" on June 18 2003, only days after the Ontario Court of Appeal The Court of Appeal for Ontario (frequently referred to as Ontario Court of Appeal) is headquartered in downtown Toronto, in historic Osgoode Hall. The Court is composed of 22 judges who hear over 1 500 appeals each year, on issues of private law, constitutional legalized same-sex unions. They separated five days later. Lawyer Martha McCarthy Martha McCarthy is a Canadian lawyer who has represented same-sex couples who have changed the definition of marriage in Ontario and the Yukon. McCarthy passed the Bar in Ontario in 1991, winning the Silver Medal and the Family Law and Advocacy Prizes, and has practiced , who represented one of the women--(whose names have been kept secret by order of Judge Mesbur)--said that they thought marriage would solve all their problems, but quickly realized it was a mistake. The lawyers for the lesbians, and Judge Mesbur also agreed that the existing definition should be struck down immediately. Said Mesbur, "The issue is before me and I must decide." McCarthy described her ruling as a "technical, check-the-box ruling", but said it is another indication that same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world to legalize same-sex marriage nationwide with the approval of the Civil Marriage Act. Court decisions, starting in 2003, had already legalized same-sex marriage in eight out of ten provinces and one of three is here to stay. Comment This divorce scenario may well have been concocted by the two women from the beginning, as part of the ongoing assault on marriage legislation. Needless to say, the Globe and Mail hailed same-sex divorce as "a sign of progress" (editorial, Sep. 17, 04), and Ann Perry of the Toronto Star's editorial board called the ruling "courageous" and "correct" and thought that once again the court was "dragging" Canada out of "the dark ages" (Star, Sept. 18, 04). In our opinion, neither same-sex "marriage" nor same-sex divorce is a human right. See Doug McManaman's articles in our October issue, pp. 22-24. |
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