| Topic: |
Science > Abortion |
| User: |
"Xomicron" |
| Date: |
22 Jul 2004 07:23:52 AM |
| Object: |
Queers seek first ***** marriage in Canada |
TORONTO (CP) - Barely a year after an Ontario court gave its blessing to
same-sex marriage, a lesbian couple is trying to untie the knot in what
critics dismissed Wednesday as little more than a judicial stunt to test
the limits of Canada's divorce laws.
The pair, identified in court documents only as J.H. and M.M., were
together for five years prior to their decision to get married last June,
but were separated just five days later - two weeks after the Ontario Court
of Appeal legalized same-sex marriages.
"It's clearly a set-up case after five days where they are intentionally
trying to push their agenda," said Brian Rushfeldt, executive director of
the Canada Family Action Coalition.
Rushfeldt dismissed the application as "judicial rot" and assailed the
courts for agreeing to hear the divorce petition, which was filed last
month in Ontario Superior Court.
"I don't see how you could have a judge hearing a case of two (same-sex)
people, when legally in Canada, we don't even have the Supreme Court nor
the Parliament legitimizing homosexual marriage."
While courts in three provinces and the Yukon have ruled that the freedom
of gays and lesbians to marry is guaranteed by the Charter of Rights, the
Divorce Act hasn't been amended to apply to same-sex couples.
It's believed to be the first time in Canada that a legally married
same-sex couple has filed for divorce, but it shouldn't come as a surprise,
said Julie Hannaford, a Toronto lawyer representing one of the women.
Indeed, preventing same-sex couples from getting divorced would be an even
greater violation of their constitutional rights than barring them from
getting married, Hannaford said.
"You can't say to people that we're going to punish you for being in a
same-sex marriage by never allowing you out of that marriage," she said.
"That just doesn't make sense."
Hannaford dismissed accusations that the divorce is anything more than the
"sad end of a marriage," just like any typical divorce proceeding.
"Our clients were in a long-term relationship, and they had a short term -
a very short-term - marriage," she said.
Hannaford said she expects the petition will result in amendments to the
Divorce Act that would complement the marriage rights that same-sex couples
have.
Currently, the law defines "spouse" as "a man or woman who are married to
each other." The complainants say they want the definition amended to
reflect that men and women need not be married to each other to be legally
married.
Federal Justice Minister Irwin Cotler doesn't think the issue is all that
complicated.
"It's really basically the same principle as in the same-sex marriage
reference, and mainly, gays and lesbians should have the right to divorce
as they should have the right to marry," Cotler said on Wednesday night.
Court documents argue the couple is seeking rights already afforded to
heterosexual couples.
"Same-sex couples are entitled to the equal respect, recognition and
benefit of the law, including all family-law rights and obligations
guaranteed to heterosexual couples," M.M. says in supporting court
documents.
She and her lawyer, Martha McCarthy, are asking the court to grant the
divorce and issue an order that the definition of "spouse" under the
Divorce Act is unconstitutional and offensive to their equality rights
under the Charter.
Federal lawyers have asked the court to defer hearing the case until after
the Supreme Court of Canada delivers its landmark decision this fall on the
constitutionality of same-sex marriage.
But Superior Court Justice Ruth Mesbur has already established a strict
schedule of trial-management conferences throughout the summer and set
Sept. 13 as a date to hear the motion.
For his part, Ontario Premier Dalton McGuinty suggested Wednesday that the
case should be allowed to continue.
"We certainly support same-sex marriages and logically what flows from that
are divorces," he said.
http://cnews.canoe.ca/CNEWS/Canada/2004/07/21/551610-cp.html
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| User: "Adam H." |
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| Title: Re: Queers seek first ***** marriage in Canada |
22 Jul 2004 11:16:11 AM |
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On Thu, 22 Jul 2004 08:23:52 -0400, Xomicron <xomicron@wp.pl> wrote:
TORONTO (CP) - Barely a year after an Ontario court gave its blessing to
same-sex marriage, a lesbian couple is trying to untie the knot in what
critics dismissed Wednesday as little more than a judicial stunt to test
the limits of Canada's divorce laws.
Did you have a point, Xomi, besides demonstrating that you can't even
RTFA?
[snip]
---
"Question with boldness even the existence of a god;
because, if there be one, he must more approve of
the homage of reason, than that of blindfolded fear."
- Thomas Jefferson
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| User: "Jody Cuslidge" |
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| Title: Re: Queers seek first ***** marriage in Canada |
22 Jul 2004 02:38:00 PM |
|
|
Adam H. wrote:
| On Thu, 22 Jul 2004 08:23:52 -0400, Xomicron <xomicron@wp.pl> wrote:
|
|| TORONTO (CP) - Barely a year after an Ontario court gave its
|| blessing to same-sex marriage, a lesbian couple is trying to untie
|| the knot in what critics dismissed Wednesday as little more than a
|| judicial stunt to test the limits of Canada's divorce laws.
|
| Did you have a point, Xomi, besides demonstrating that you can't even
| RTFA?
|
| [snip]
|
| ---
| "Question with boldness even the existence of a god;
| because, if there be one, he must more approve of
| the homage of reason, than that of blindfolded fear."
| - Thomas Jefferson
Adam, that's a proper fucking queers name.
--
For my own part, I have never had a thought which I could not set down
in words with even more distinctness than that with which I conceived
it. There is, however, a class of fancies of exquisite delicacy which
are not thoughts, and to which as yet I have found it absolutely
impossible to adapt to language. These fancies arise in the soul, alas
how rarely. Only at epochs of most intense tranquillity, when the
bodily and mental health are in perfection. And at those weird points
of time, where the confines of the waking world blend with the world of
dreams. And so I captured this fancy, where all that we see, or seem,
is but a dream within a dream.
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