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by Oliver Moore
Globe and Mail Update
UPDATED AT 12:32 PM EDT Thursday, Sep 16, 2004
A Manitoba judge ruled Thursday that the traditional definition of
marriage is unconstitutional, making the province the fourth in
Canada to allow same-sex marriages.
An equality-rights group, noting that more than three-quarters of
Canadians now live in an area that allows marriage between same-sex
couples, and said that pressure is mounting on the rest of Canada
to likewise broaden its definition of marriage.
"There is no reason for other provinces to refuse to issue marriage
licences to same-sex couples," said University of Manitoba law
professor Karen Busby, a director with EGALE. "In fact, it is
becoming increasingly clear that they have a legal obligation to do
so."
Thursday's ruling stemmed from a lawsuit brought on behalf of three
same-sex couples. It comes after judges in Ontario, Quebec and
British Columbia had likewise acted to broaden the definition of
marriage.
The decision by Mr. Justice Douglas Yard of the Manitoba Court of
Queen's Bench was not unexpected, the lawsuit being unopposed by
both the Manitoba and the federal government.
Judge Yard said that precedents set in other parts of Canada weighed
heavily in his decision, according to a Canadian Press reporter at
the court.
"The cumulative effect and the overwhelming effect of that judicial
authority is to the effect that the traditional definition of marriage
is no longer constitutionally valid in view of the provisions of the
Charter of Rights and Freedoms," he said.
"The traditional definition of marriage in Manitoba is reformulated
to mean a voluntary union for life of two persons at the exclusion of
all others."
The plaintiffs were a gay couple and two lesbian couples, all of them
in extended relationships. Chris Vogel and Rich North had their
Unitarian marriage declared invalid by a Manitoba court shortly after
the 1974 ceremony. Also connected to the case are Stefphany Cholakis
and Michelle Ritchot, who have been together nearly 13 years, and
Laura Fouhse and Jordan Cantwell, who are raising a six-year-old
daughter.
The province's first legal same-sex wedding, that of Ms. Fouhse and
Ms. Cantwell, is scheduled for Saturday.
"Words cannot express how much this means to us as a family. Now our
daughter will grow up knowing that her family is recognized and valued
like those of her friends," Ms. Cantwell said.
Her daughter, Hope, 6, said she was excited. "I really want my moms
to be able to get married."
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