Same-sex marriage in Saskatchewan
.svg){kind=small} Same-sex marriage in Canada |
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| Legal | |
| Civil Marriage Act Reference re Same-Sex Marriage |
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| Parliament | |
| 38th House · 38th Senate 39th House · 39th Senate |
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| Same-sex marriage by province | |
| Related | |
| Civil unions in Quebec Adult interdependent relationship in Alberta Domestic partnership in Nova Scotia Common-law relationships in Manitoba |
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Saskatchewan has recognized same-sex marriage, as of November 5, 2004.[1]
On September 27, 2004, Saskatchewan Justice Minister Frank Quennell told CBC News that neither he nor the province will take a stand on the issue of same-sex marriage.
Five same-sex couples appeared before Justice Donna Wilson on 3 November 2004, asking for a judgment requiring marriage licence issuers appointed by the provincial government to issue marriage licences to same-sex couples. Neither the federal nor provincial government challenged the suit.
"Greg Walen, lawyer for one of the couples, had filed a statement of claim seeking a declaratory judgment that the common-law definition of marriage be changed to include the wording 'two people to the exclusion of others,' rather than 'two people of the opposite sex.'"[2]
On 5 November 2004, Justice Wilson ruled that the common-law opposite-sex definition of marriage violated the equality rights of same-sex couples under the Charter rights, and that "the common-law definition of marriage for civil purposes is declared to be 'the lawful union of two persons to the exclusion of all others.'"[1]
In 2005, Orville Nichols, a 30-year marriage commissioner and devout Baptist, refused to marry a gay couple because it conflicted with his religious beliefs. The Saskatchewan Human Rights Tribunal ordered him to pay $2,500 in compensation to the couple for infringing thir right under The Saskatchewan Human Rights Code to access to public services without discrimination. In 2009, the Saskatchewan Court of Queen's Bench dismissed his appeal.[3][4] The government followed by proposing legislation which would allow marriage commissioners to refuse for this reason. In January 2011, on a reference question, the Saskatchewan Court of Appeal ruled that such a law would be unconstitutional.[5][6]
[edit] References
- ^ a b "Same-sex marriage in Saskatchewan, Canada" (in English). Ontario Consultants on Religious Tolerance. 11 October 2004. http://www.religioustolerance.org/hom_marb33.htm. Retrieved 10 March 2011.
- ^ "Sask. court to rule on gay marriage this week" (in English). Toronto: CTV. 3 November 2004. http://www.ctv.ca/CTVNews/Canada/20041103/sask_gay_marriage041103/. Retrieved 10 March 2011.
- ^ Nichols v. M.J., 2009 SKQB 299.
- ^ "Commissioner who refused to marry same-sex couple loses appeal" (in English). Ottawa: CBC. 23 July 2009. http://www.cbc.ca/news/canada/saskatchewan/story/2009/07/23/marriage-ruling.html. Retrieved 10 March 2011.
- ^ Marriage Commissioners Appointed Under The Marriage Act (Re), 2011 SKCA 3.
- ^ Saskatchewan government accepts same-sex marriage decision.
[edit] External links
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