Same-sex marriage in Ontario

Same-sex marriage has been unambiguously legal in Ontario since June 10, 2003. The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Reverend Brent Hawkes on January 14, 2001.^[1] The legality of the marriages was questioned and they were not registered until after June 10, 2003,^[2] when the Court of Appeal for Ontario in Halpern v Canada (AG) upheld a lower court ruling which declared that defining marriage in heterosexual-only terms violated the Canadian Charter of Rights and Freedoms.

Ontario was the third jurisdiction in the world, after the Netherlands and Belgium, as well as the first jurisdiction in the Americas to legalize same-sex marriage.^[3] The first legal same-sex marriage registered in Ontario was that of Paula Barrero and Blanca Mejias, married at the Emmanuel Howard Park United Church on September 29, 2001 by Reverend Cheri DiNovo. The Office of the Registrar General apparently did not recognize the names on the Record of Marriage form (which did not otherwise specify the parties' sexes) as both being women and issued a marriage certificate.^[4]^[5]

All of these marriages were authorized by calling the banns of marriage in the spouses' churches, a procedure which does not require a government-issued licence. The first civil marriage licence issued to a same-sex couple was to Michael Leshner and Michael Stark, who had the usual waiting period waived and completed the formalities of marriage just hours after the court ruling, on June 10, 2003.^[6]

^ "Record of Marriage" (GIF). 2001-01-14. signed by Rev. Brent Hawkes. Note that form does not describe the parties' sexes.
^ "The first legal gay marriage is now certified". Certificate of marriage, issued June 11, 2003.
^ Larocque, Sylvain (2006). Gay Marriage: The Story of a Canadian Social Revolution. James Lorimer & Co. Ltd. ISBN 1550289276.
^ Mackenzie, Ian (2003-06-10). "Who's on first?". Xtra. Archived from the original on 2007-08-11.
^ Demian (December 2003). "Canadian Suits for Legal Marriage".
^ "Ontario men wed following court ruling". CBC News. 2003-06-13. Archived from the original on October 17, 2006.

[kon-2] Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[3] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[4] Neither performed nor recognized in six British Overseas Territories.

[usa-5] Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

[israel-6] Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-7] 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.

[8] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[9] Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.

[10] Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[11] Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[12] Some cities and prefectures issue partnership certificates, but they are not legally binding.

[13] Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.

[14] Hospital visitation rights through a "legal representative" status.

[notyet-1] Not yet in effect.

[15] "Record of Marriage" (GIF). 2001-01-14. signed by Rev. Brent Hawkes. Note that form does not describe the parties' sexes.

[16] "The first legal gay marriage is now certified". Certificate of marriage, issued June 11, 2003.

[17] Larocque, Sylvain (2006). Gay Marriage: The Story of a Canadian Social Revolution. James Lorimer & Co. Ltd. ISBN 1550289276.

[18] Mackenzie, Ian (2003-06-10). "Who's on first?". Xtra. Archived from the original on 2007-08-11.

[19] Demian (December 2003). "Canadian Suits for Legal Marriage".

[June_10-20] "Ontario men wed following court ruling". CBC News. 2003-06-13. Archived from the original on October 17, 2006.

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