Canada gay marriage legal
Civil Marriage Act
S.C. , c. 33
Assented to
An Act respecting certain aspects of legal capacity for marriage for civil purposes
Preamble
WHEREAS the Parliament of Canada is devoted to upholding the Constitution of Canada, and section 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination;
WHEREAS the courts in a majority of the provinces and in one region have recognized that the right to equality without discrimination requires that couples of the similar sex and couples of the opposite sex have equal access to marriage for civil purposes;
WHEREAS the Supreme Court of Canada has recognized that many Canadian couples of the same sex have married in reliance on those court decisions;
WHEREAS only same access to marriage for civil purposes would respect the right of couples of the matching sex to equality without discrimination, and civil union, as an institution other than marriage, would not offer them that same access a
In , the Marriage for Civil Purposes Act,[i] also known as Bill C, became law. This Act gives queer couples the legal right to unite, making Canada only the fourth nation in the society to legalize queer marriages.[ii] Prior to this enactment, the courts in eight provinces[iii] struck down the traditional definition of marriage as a violation of section 15 of the Canadian Charter of Rights and Freedoms.[iv]
Traditional Definition of Marriage
The traditional definition of marriage was "the lawful union of one bloke and one girl to the exclusion of all others." In other words, only two people of different sexes could legally marry.[v]
Evolution of the Right to Same-Sex Marriage: A Brief History
(a) Halpern v. Canada
The first landmark case was Halpern v. Canada[vi]. In this case, two same-sex couples were married in a religious ceremony at a Christian Church. The Ontario government, however, refused to register the marriages, arguing that the legal definition of marriage did not include same-sex marriages. The couples took the issue to court.
The Ontari
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and share tools, resources, and lessons learned to enable movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in
Liechtenstein: On May 16, , Liechtenstein's gove
Same Sex Partners Sponsorship
Same sex relationship
Same-sex marriage became legal everywhere in Canada in Most legal rights have been extended to same-sex partners, including pension, tax benefits and inheritance. Canada is a tolerant society that grants improved civil rights to lgbtq+ couples and welcomes such couples with open arms. Whether you wish to immigrate, study, work or simply visit Canada to get married, Canada's kind same-sex immigration laws can turn your dreams into a reality. Do not hesitate and contact us to get started immediately!
Definition of Terms
Married - Legally married in Canada or any other jurisdiction where same-sex marriages are recognized.
Common Law relationships - Living together for at least one year in a marriage-like relationship.
Conjugal relationship - In a affair for at least one year, but have been unable to live together for legal or other reasons.