Same-sex marriage in British Columbia
This made British Columbia the second province in Canada, the second jurisdiction in North America and the fourth in the world, after the Netherlands, Belgium and Ontario, to legalise same-sex marriage.
[3] In July 1997, the New Democratic Party government of Premier Glen Clark introduced bills to recognise "the marriage-like relationship between persons of the same gender" in the Family Relations Act and the Family Maintenance Enforcement Act, granting same-sex couples the same legal rights as married spouses with regard to child custody and maintenance.
Despite opposition from religious groups, the bills were passed overwhelmingly in the Legislative Assembly, and received royal assent by Lieutenant Governor Garde Gardom.
On October 2, 2001, British Columbia Supreme Court Justice Ian Pitfield ruled against same-sex marriage, arguing it was not allowed under the Canadian Constitution.
[4] On May 1, 2003, justices of the British Columbia Court of Appeal ruled 3–0 that the denial of marriage licences to same-sex couples was a violation of the Canadian Charter of Rights and Freedoms.
"Gay rights have steadily expanded since homosexuality was made legal in Canada in 1969, and these developments have substantial public support, although the matter remains controversial," the court wrote.
The court gave the Government of Canada until July 2, 2004 to change the definition of marriage to include same-sex couples, similar to the ruling issued in Ontario.
Kathleen Lahey, who was a counsel to the couples, said that the court decision "confirms that the new federal law on same-sex marriage applies uniformly across the country -- and immediately.
It also makes it clear that other provinces can and should act now to extend marriage to lesbian and gay couples, instead of putting the issue off until the Supreme Court of Canada and Parliament have confirmed the new law."
The judge, Madame Justice Laura Gerow, with the consent of the Attorney General, Irwin Cotler, changed the Divorce Act to include same-sex couples.
[RSBC 1996, c 282, s 20 (c)]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.
[21] One famous Kutenai two-spirit person was Kaúxuma Núpika, who, after leaving his White fur trader husband, returned to his people and adopted men's clothing and weapons, and took a wife.
They would "participate in gathering berries [and] roots, and also in making baskets and mats, in preparing lily seeds for consumption, and in cooking meals", and would marry men.
[26] In autumn 2016, Bishop Logan McMenamie announced at a diocesan synod meeting that he will "move forward with the marriage of same-sex couples in the diocese".
Pastoral arrangements are made if a same-sex couple wishes to marry in their home congregation and their priest has decided not to officiate at such marriages.
