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Same-sex marriage in Quebec

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Same-sex marriage in Canada
      
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Reference Re Same-Sex Marriage
Halpern v Canada (AG)
Civil Marriage Act
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Same-sex marriage by province
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Civil unions in Quebec
Adult interdependent relationship in Alberta
Domestic partnership in Nova Scotia
Common-law relationships in Manitoba
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Marriage

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See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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Same-sex marriage in Quebec has been legal since March 19, 2004. Quebec became the third Canadian province (after Ontario and British Columbia) and the fifth jurisdiction in the world to open marriage to same-sex couples.

Court ruling

On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and British Columbia courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately.[1] The couple who brought the suit, Michael Hendricks and René Leboeuf, immediately sought a marriage licence; the usual 20-day waiting period was waived, and they were wed on April 1 at the Palais de justice de Montréal. The couple had brought suit against Quebec in November 2001, alleging that its refusal to perform and recognise same-sex marriage violated the Canadian Charter of Rights and Freedoms.[a] The Quebec Superior Court ruled in the couple's favour on September 6, 2002, though the ruling would not take effect until March 19, 2004, when the Court of Appeals ruled that same-sex marriage licenses must be issued immediately.

The Quebec decision meant that more than two-thirds of the Canadian population were living in provinces where same-sex marriage is legal. Subsequent cases, as well as federal legislation, have expanded this number to cover the entire country.

Provincial legislation

Civil unions

Main article: Civil unions in Quebec

In 2002, the National Assembly of Quebec unanimously legalized civil unions (French: union civile) for both same-sex and opposite-sex partners.[4] The law includes the right for couples in civil unions to adopt children jointly.

Marriage

In November 2004, An Act to amend the Civil Code as regards marriage (French: Loi modifiant le Code civil relativement au mariage) was enacted, replacing the words "husband and wife" with "spouses".[5] Quebec became the first province in Canada to bring its laws in line with the legalisation of same-sex marriage and add a gender-neutral definition of spouse in its marriage laws.

Marriage and civil union statistics

From 2004 to 2019, 8,766 same-sex marriages were performed in Quebec, representing about 2.4% of the total marriages.[6][6] There were also 1,218 same-sex civil unions (from 2002 to 2019), representing about 28% of all civil unions.

The following table shows the number of marriages and civil unions celebrated in Quebec, as per data published by the Institut de la statistique du Québec.

Marriages and civil unions in Quebec[6]
Year Same-sex marriages Total marriages % same-sex Same-sex civil unions Total unions % same-sex
Female Male Total Female Male Total
2002 - - - - - 69 87 156 166 94.0%
2003 - - - - - 134 140 274 342 80.1%
2004 97 148 245 21,279 1.15% 31 48 79 179 44.1%
2005 173 278 451 22,244 2.03% 24 35 59 172 34.3%
2006 272 349 621 21,956 2.83% 19 34 53 216 24.5%
2007 216 251 467 22,147 2.11% 17 26 43 241 17.8%
2008 186 262 448 22,053 2.03% 25 44 69 270 25.6%
2009 222 291 513 22,588 2.27% 26 28 54 239 22.6%
2010 234 281 515 23,199 2.22% 19 36 55 280 19.6%
2011 256 237 493 22,903 2.15% 27 32 59 240 24.6%
2012 259 255 514 23,504 2.19% 26 33 59 288 20.5%
2013 306 286 592 23,181 2.55% 23 27 50 290 17.2%
2014 291 286 577 22,429 2.57% 20 17 37 240 15.4%
2015 285 315 600 22,441 2.67% 15 22 37 228 16.2%
2016 317 343 660 21,958 3.01% 13 13 26 223 11.7%
2017 336 343 679 22,883 2.97% 17 22 39 219 17.8%
2018 385 323 708 22,841 3.10% 18 17 35 237 14.8%
2019 365 318 683 22,246 3.07% 14 20 34 207 16.4%

Public opinion

A 2017 CROP poll showed that Quebec had the highest popular support for same-sex marriage in Canada, at 80%. Nationwide, 74% of Canadians found it "great that in Canada, two people of the same sex can get married". 26% disagreed.[7][8]

Notes

  1. ^ French: Charte canadienne des droits et libertés; Cree: ᑳᓈᑖ ᑲᔅᒋᐦᐆᓐᐦ ᑲᔦᐦ ᑲᔦᐦ ᐃᐦᑑᑕᒧᐧᐃᓐᐦ ᐁᑳ ᒉ ᒌ ᐃᒉᓇᐦᑲᓅᑦ ᐊᐧᐁᓐ, Kānātā kaschihūnh kayeh kayeh ihtūtamuwinh ekā che chī ichenahkanūt awen;[2] Mohawk: Aoianerénhsera ne Iakoianerenhserá꞉ien tánon Aiontatewenní꞉iohake.[3]

References

  1. ^ Same-sex marriage in Quebec
  2. ^ "ᐁ ᐋᐸᒋᐦᑖᑲᓅᒡ ᐁᑎ ᐃᑎᔅᑳᓀᓯᒥᑯᒡ ᐊᔨᒧᐧᐃᓐ ᐁ ᐅᐦᒋ ᓂᔥᑐᐧᐄᔥᑕᑲᓅᒡ ᒉᐧᑳᓐ ᐊᓂᑌᐦ ᒋᔐᐅᒋᒫᐅᐧᐋᔅᑳᐦᐄᑲᓐ ᑲᔦᐦ ᐊᓂᒌ ᑳ ᒫᒨᐱᔥᑕᐧᑳᐤᐦ". ourcommons.ca (in Cree).
  3. ^ "Tiohtià:ke Aoianerénhsera ne Iakoianerenhserá:wis tánon Iakoterihwaíen:nis" (PDF). ville.montreal.qc.ca (in Mohawk).
  4. ^ "Bill n°84 : An Act instituting civil unions and establishing new rules of filiation". National Assembly of Quebec. Retrieved February 12, 2016.
  5. ^ "Bill n°59 : An Act to amend the Civil Code as regards marriage". National Assembly of Quebec. Retrieved February 12, 2016.
  6. ^ a b c "Mariages et unions civiles selon le sexe des conjoints, Québec, 2002-2018". Institut de la statistique du Québec (in French).
  7. ^ I find it great that in our society, two people of the same sex can get married, CROP Panorama
  8. ^ Are you in favour of same-sex marriage? 74% of Canadians and 80% of Quebecers support it (and Death in Venice by Benjamin Britten)

External links

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