Canada Re-Opening Same-Sex Marriage By Stealth?

Thousands of same-sex couples who married in Canada are in doubt over the legality of their marriage, after an abrupt announcement by the Harper Government.

A Department of Justice lawyer said that an Anglo-American lesbian couple who married in Canada in 2005, now seeking divorce, were not legally married because same-sex marriage is not legal in their countries of residence.

This leaves the thousands of couples who travelled to Canada to marry since same-sex marriage was legalized in 2004 in doubt about not only their marriage certificate, but immigration, tax, pension and child custody issues. The burden of not knowing and having no clear guidance on the issue will be, to say the least, confusing.

Not least confused is Conservative Prime Minister Stephen Harper, who said “In terms of the specifics of the story this morning, I will admit to you that I am not aware of the details.”

Very helpful, Mr Harper.

Martha McCarthy, same-sex marriage campaigner and lawyer for the couple being refused a divorce, said, “It is scandalous. It is offensive to their dignity and human rights to suggest they weren’t married or that they have something that is a nullity.”

Indeed, Ms McCarthy. To be married in Canada in good faith, only to find out years later it was all a…scam? Is that the right word?

Criticizing the Harper Government’s reaction after the decision by the Justice Department, McCarthy said:

• “It is appalling and outrageous that two levels of government would be taking this position without ever having raised it before, telling anybody it was an issue or doing anything pro-active about it. All the while, they were handing out licences to perform marriages across the country to non-resident people.”

A scam, then.

Speaking from a foreign relations perspective, former Toronto Mayor David Miller stated; “I’m shocked, I’m saddened and, as a Canadian who does a lot of work abroad, I’m very embarrassed.”

Seconded!

Vancouver Mayor Gregor Robertson, criticizing the position of the Harper Government and the Justice Department, said:

• “The current position of the Justice Department is embarrassing, it’s flat-out wrong, and needs to change. My hope is that the Prime Minister comes out forcefully against the Justice Department’s position and re-affirms his support for same-sex marriage in Canada.”

Hell yeah, Gregor. But don’t hold your breath…

Mr Harper told journalists on Thursday “We have no intention of further re-opening or opening this issue,” (referring to same-sex marriage law) while Justice Minister Rob Nicholson indicated the federal government will look at ways to ensure the right of same-sex couples married in Canada who wish to divorce.

Good heavens, this is confusing. Not least for those in the midst of emotional trauma after finding out via a social networking site their marriage was some sort of hoax.

The Harper Government’s response won’t be well received by couples who celebrated their marriages in Canada in good faith. Columnist Dan Savage, who was married in Canada in 2005 and frequently speaks favourably of Canada’s human rights record, said, “When I got out of bed, I was a married man and as soon as I got on my Twitter feed I realized I had been divorced overnight.”

Canada can expect less endorsement from Savage, who went on to say:

• “…we’re not going to take it lying down. There’ll be lawsuits. There’ll be screaming and yelling. The only way to get gay issues off the front pages of Canadian newspapers is to grant gay and lesbian people our full civil equality and leave it alone.”

Apart from the immediate legal and emotional issues now faced by thousands of couples, there is debate over whether or not the Harper Government wish to re-open the issue of same-sex marriage by stealth. Despite Mr Harper’s immediate statement that the government won’t re-open debate, the government’s position is in doubt. Dan Savage said:

• “Hopefully this is just one rogue lawyer or two and not policy of Canada’s Conservative government. If it is Canada’s Conservative government then the issue has definitely been re-opened.”

Meanwhile, former Prime Minister Paul Martin, whose Liberal government legalized same-sex marriage, said:

• “… The government’s position…is causing an enormous amount of consternation around the world. And I just think for the government to put people through that is wrong.”

As do we, Mr Martin.

Contact the author here: miriam@morningquickie.com