Re: Rezistenca!
Same-sex marriages to be allowed in B.C.
ROD MICKLEBURGH
From Friday's Globe and Mail
Vancouver — Society's notion of marriage has changed and governments need to recognize that, the B.C. Court of Appeal declared yesterday as it strongly endorsed the right of gay and lesbian couples to marry.
The appeal court gave the provincial and federal governments until July 12, 2004, to change existing marriage laws. But on that date, regardless of whether governments comply, same-sex marriages must be allowed, the court indicated.
The unanimous ruling was the highest court verdict so far on the emotional issue that has caused deep divisions at all levels of church and state in Canada.
Advocates hailed the decision. "We won. We're very happy, and there should be no more debate," said lawyer Joseph Arvay, who fought the case on behalf of eight same-sex couples denied marriage licences in the province.
"Until now, gays and lesbians have been treated as second-class citizens. Now they will have the right to choose to get married if they want to, a right that so-called straight couples have always had," he said.
Earlier lower-court rulings in Ontario and Quebec also upheld the right of gays and lesbians to marry, but were less firm than the B.C. Court of Appeal on when and how existing restrictions should be changed.
Tanya Chambers, 29, who took part in the appeal, said she can hardly wait for the chance to marry her long-time partner, Melinda Roy, 34. "July 12, 2004. That will be the day. The second it's legal, we're going to do it."
The B.C. Court of Appeal decision overturned a 2001 ruling by Mr. Justice Ian Pitfield of the B.C. Supreme Court, who said the long-standing common law definition of marriage as the union between a man and a woman "to the exclusion of others" should remain.
"Since the decriminalization of homosexual relationships in 1969, there has been a steady expansion of the rights of gay, lesbian and bisexual persons reflected in human rights legislation and Charter jurisprudence," Judge Mackenzie said.
"Many Canadians will be concerned about this decision. This isn't a rights issue. Marriage is a public institution that has served Canada very well," Mr. Martens said. "And marriage is the union between one man and one woman. That should not be changed
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