Same-sex marriage in Alberta

The bill received royal assent by Deputy Governor General Beverley McLachlin a few weeks later and went into effect on July 20, 2005.

In December 2004, Klein had suggested conducting a nationwide referendum on the legalisation of same-sex marriage, but this was opposed by Prime Minister Paul Martin, saying that "this is an issue that Parliamentarians ought to decide".

"[1] On July 12, 2005, Klein conceded that the advice given to him by legal experts was that a challenge in court to refuse to marry same-sex couples had no chance, and wasting taxpayers' money to fight it would be "giving false hope".

Klein said, "much to our chagrin", the Alberta Government would issue marriage licences to same-sex couples when the bill received royal assent.

Klein also said that the Alberta Government would enact provincial legislation to protect religious and civil officials who do not wish to perform a same-sex marriage.

[3] This mirrored similar developments in the neighbouring province of Saskatchewan where courts have twice struck down attempts to exempt marriage commissioners from performing same-sex weddings.

"[1][4] The position of Premier Ralph Klein and the Progressive Conservative government had been to attempt to block same-sex marriages in Alberta should a court case require it or federal legislation pass it nationwide.

This insulated the Marriage Act from any legal challenge based on violation of Charter rights, including the Section 15 equality guarantees.

The report further stated that if Alberta renewed the declaration in the Act by using the Notwithstanding Clause, the "government would be needlessly wasting time and money".

At the time Bill 202 was passed, Justice Minister Dave Hancock did not support it, saying: "In terms of legal effect, I'm convinced it doesn't have any."

[8] While there are no records of same-sex marriages as understood from a Western perspective being performed in First Nations cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.

Many of these cultures recognised two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.

[9] Among the Plains Cree people, two-spirit individuals were regarded as "esteemed persons with special spiritual powers" and were "noted shamans".

[10] It was likely that they were able to marry cisgender men, though David G. Mandelbaum reported in 1940 that an iyîhkwêw named Clawed Woman had remained unmarried her entire life.