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British Columbia Supports Same-Sex Marriage Rights

Attorney General: 'It's the Right and Fair Thing to Do'

An Issue of Fundamental Human Rights for Canadians

Compiled By GayToday

Victoria, British Columbia--The Attorney General of British Columbia has issued a written statement supporting the right of same-sex couples to marry, in response to an application for a marriage license last Friday by EGALE Board-member Cynthia Callahan and her partner Judy Lightwater.

B.C. Attorney General Andrew Petter has pledged to provide a legal opinion as soon as possible on whether a marriage license could be issued. The written statement (see below) makes clear that in the opinion of the B.C. government, same-sex couples should have the equal right to marry:

"In a modern society there is no justification for denying same sex couples the same option to form marital bonds as are afforded to opposite sex couples."

The Attorney General of B.C. also called upon the federal government, which is constitutionally responsible for questions of capacity to marry, to "resolve the matter by clarifying its legislation and offering same-sex couples the same opportunity to marry as is available to heterosexual couples."

"When I heard Andrew Petter's speech, I cried," said Cynthia Callahan. "It's so wonderful to hear that our government is behind us. Support for our right to marry is consistent with the long-time commitment of British Columbia's Government to equality for gays and lesbians."

This is the first time a Canadian government has ever expressed the view that same-sex couples should have an equal right to marry.

"We are delighted that British Columbia is considering the possibility of issuing a marriage license," said Cynthia Petersen, legal counsel for EGALE.

"EGALE will be forwarding legal submissions to the Attorney General's office as soon as possible, and we urge the Government to do the right thing and respect the constitutional guarantee of equality for all Canadians."

Attorney General's Statement on Same Sex Marriages

Earlier today, a same sex couple made application to the B.C. Executive Director of Vital Statistics for a marriage license.

The Executive Director deferred his decision and asked for a legal opinion from the Ministry of Attorney General.

My Ministry will provide that opinion as soon as possible.

It is unfortunate that the law in this area is uncertain.

The federal Marriage Act is ambiguous but has traditionally been interpreted in light of common law principles that have not allowed same sex marriages.

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Recently, however, the Supreme Court of Canada has held that equality rights under section 15 of the Charter protect against discrimination on the basis of sexual orientation.

As yet, there has not been a definitive court determination on the application of section 15 with respect to the Marriage Act.

v This area of the law requires clarity. This is a question of dignity and fundamental human rights for a number of Canadians, and an issue of fairness for all.

While it is possible to leave the issue of same sex marriages to be determined through years of litigation, it would be far better in my view for the federal government to resolve the matter by clarifying its legislation and offering same sex couples the same opportunity to marry as is available to heterosexual couples.

In a modern society there is no justification for denying same sex couples the same option to form marital bonds as are afforded to opposite sex couples.

Rather than waiting for the courts to determine this issue, the federal government should change the federal law to allow for equality for all couples who are in a committed relationship.

As a province, we have taken action to eliminate discrimination on the basis of sexual orientation within our areas of competence. We are continuing to remove legislative barriers that discriminate on the basis of sexual orientation.

Over the past 5 years we have amended more than 20 pieces of provincial legislation to eliminate this form of discrimination, and we will continue with our legislative initiatives in the near future.

We have taken these steps because it is the right and the fair thing to do.

May 26, 2000