Same-sex marriage laws leaves couples confused
Ever since same-sex couples were legally allowed to marry under Canadian law, the nation has gained a special status among gays and lesbians. However, recently, many couples married under the same-sex marriage laws in Canada found themselves in a state of confusion.
The issue arose in the fact that non-resident couples married under the Canadian same-sex marriage laws, whose country of residence did not recognize same-sex marriage, were unable to obtain a divorce.
Furthermore, confusion continued as the Canadian Government claimed that same-sex marriages of non-residents are legal only if they are also valid in the couple’s home country. The Department of Justice also contends that couples who came to Canada to be married must live here for at least a year before they can obtain a divorce.
Last Thursday, Justice Minister Rob Nicholson said that Ottawa will consider changing the law to ensure non-residents married in Canada can obtain divorces. He also said the government “has no intention of reopening the debate on the definition of marriage.”
“We will change the Civil Marriage Act so that any marriages performed in Canada that aren’t recognized in the couple’s home jurisdiction will be recognized in Canada,” a senior government official told Postmedia News last Friday.
The legislative change will apply to all marriages performed in Canada, regardless of the laws of the jurisdiction in which the couple live, the official said.
“The confusion and the pain that is resulting from this gap is completely unfair to those who are affected, and I think we saw that yesterday in the coverage of these poor people who woke up to this news,” the official said.
Stephen Harper has closed the issue of same-sex marriage. The Prime Minister is unlikely to revisit or reverse it.
Tim Powers of The Globe and Mail wrote, “From a policy perspective, stepping back after a right is gained and entrenched would be extremely difficult.”
There is some confusion between what the government is saying and what may actually happen.
