Same-sex marriage in Ontario
[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.
One of the judges in the most recent case wrote "with respect, the decisions to which I have referred assumed, without analysis, that the inability of persons of the same sex to marry was a question of capacity.
"[7][8] The Equality Rights Statute Amendment Act, which would have granted same-sex couples a status comparable to civil unions, was proposed by the provincial government in 1994, but was defeated.
[9] In October 1999, the Legislative Assembly of Ontario enacted a bill providing same-sex couples with the same statutory rights and responsibilities as opposite-sex common-law spouses under 67 provincial laws, as required by the Supreme Court of Canada's ruling in M v H. It introduced the term "same-sex partner", while maintaining the opposite-sex definition of "spouse".
[11] On July 12, 2002, in a 3–0 decision of the Ontario Superior Court, same-sex couples won the right to marry in the case of Halpern v Canada (AG).
Justice Harry LaForme wrote, "The restriction against same-sex marriage is an offence to the dignity of lesbians and gays because it limits the range of relationship options available to them.
This in turn conveys the ominous message that they are unworthy of marriage....I find that there is no merit to the argument that the rights and interests of heterosexuals would be affected by granting same-sex couples the freedom to marry.
This can only enhance an individual's sense of self-worth and dignity.Although the definition of marriage is governed by federal law, the court only had jurisdiction to implement the ruling within Ontario.
A spokesperson for Focus on the Family said, "Today's court ruling on same-sex marriage ignores centuries of precedent, and renders ordinary Canadians' views irrelevant."
An opinion poll published by The Globe and Mail a few days after the decision showed that a majority of Canadians supported same-sex marriage.
Meanwhile, a spokesman for the Evangelical Fellowship of Canada said they were disappointed, "We have lost an important opportunity to express the concerns of millions of Canadians.
The marriage caught media attention and a representative of the Office of the Registrar General sent a letter to the United Church requesting that DiNovo lose her licence.
[16][17] The Assembly of Catholic Bishops of Ontario supported the legislation, releasing the following statement: "Priests will have some protection, they won't find themselves in court.
The Bishops wanted to be sure that religious bodies could not be compelled to allow their properties to be used for purposes associated with same-sex unions if such are contrary to their teachings, as is true for the Catholic Church.
"[18] On November 29, 2016, the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 passed the Legislative Assembly by 79 votes to 0.
1990, c. M.3, s. 24 (3)]On September 13, 2004, the Ontario Court of Appeal declared the Divorce Act unconstitutional for excluding same-sex couples.
[22] 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 recognized 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.
[25] Among the Moose Cree, two-spirit individuals were regarded as "esteemed persons with special spiritual powers" and were "noted shamans".
[29] The Mohawk people call two-spirit individuals onón:wat (pronounced [oˈnũ̌ːwat]),[23] translating to "I have the pattern of two spirits inside my body.
In July 2016, Bishop John Chapman issued a letter allowing local parishes to perform same-sex marriages.
