Four down, nine to go!
Jul. 14th, 2004 04:08 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
c9Three provinces allow equal marriage. Now they are joined by one territory. I've always loved the Yukon.
EGALE CANADA - PRESS RELEASE
for immediate release
July 14, 2004
COURT EXTENDS EQUAL MARRIAGE TO THE YUKON
CRITICIZES FEDS AND YUKON FOR THEIR REFUSAL TO ACCEPT EQUAL MARRIAGE
PAUL MARTIN AND PREMIERS CALLED ON TO TAKE ACTION
More Challenges Expected If Legal Vacuum Persists
Whitehorse, July 14, 2004. Today the Supreme Court of the Yukon Territory ruled that the Yukon Territorial Government must issue a marriage licence to gay couple Rob Edge and Stephen Dunbar and that a marriage between two persons of the same sex is a lawful and valid marriage in the Yukon Territory. The decision was delivered orally, with written reasons to follow tomorrow. The decision makes it even more likely that court challenges in other provinces will succeed, and that governments who fight equal marriage will be liable for costs.
"Stephen and I are very happy," said Rob Edge. "Our wedding this Saturday will be one of the most important days of our lives, symbolic of the commitment we feel for each other and wish to demonstrate to our friends, our family, and our community. It's an odd feeling to be explaining that to others. Hopefully someday nobody will question why same-sex couples want to marry - they'll know it's for the same reasons as everyone else."
"Now Stephen and Rob not only get to have a wedding, they get to have a marriage," said Jim Tucker, the couple's lawyer. "The judge said the federal government took an 'inconsistent approach' in the Yukon given its recognition of the unconstitutionality of excluding same-sex couples from civil marriage and its acceptance of the decisions of the Quebec, B.C. and Ontario Courts of Appeal. The judge went on to order that both the federal government and the Yukon Territorial Government together pay our full legal costs. He said that the Yukon Territorial Government had a choice, and it chose not to issue marriage licences until ordered to do so by the Court."
"The judge agreed that justice delayed is justice denied," said Martha McCarthy, who represented same-sex couples in both the Ontario and Quebec marriage challenges, and who flew to Yukon on Egale's behalf to lend her support to this case. "He rejected the federal government's arguments that courts should stand idly by while Parliament waits for the Supreme Court to decide. As the Supreme Court said in the Vriend case, 'if the infringement of the rights and freedoms of these groups is permitted to persist while governments fail to pursue equality diligently, then the guarantees of the Charter will be reduced to little more than empty words.'"
"This ruling sends a message that governments across the country must now accept the Charter right of same-sex couples to marry in a civil ceremony," said Laurie Arron, Director of Advocacy of Egale. "It is simply unacceptable to maintain the fiction that capacity to marry, which is federal law, is different from one province or territory to the next. There is one law for the whole country, and that law includes same-sex couples. Governments who don't accept that are leaving themselves open to legal challenges and liability for costs."
"The Prime Minister spoke eloquently during the election campaign about the importance of the Charter, and Canadians clearly agreed," said Cicely McWilliam, Outreach Coordinator for Canadians for Equal Marriage. "Mr. Martin has a mandate to move forward and an excellent opportunity to take action to back up his eloquent words. It's time for the Prime Minister to make a clear statement saying that the law has been changed across Canada and that all provinces and territories should comply. It's time for him to direct government lawyers to support us in court rather than fight against us. That would not only demonstrate his support for the Charter, it would also save taxpayers millions of dollars in unnecessary legal costs."
A survey released July 1 by the Centre for Research and Information on Canada and Environics found that the number of Canadians agreeing that gays and lesbians should be allowed to get married has increased. Currently, 57% agree, the highest level since CRIC first asked the question two years ago, and up from 48% in September 2003. The number disagreeing currently stands at 38%, down from 47% in September 2003. (see New Canada survey at http://www.cric.ca/en_html/index.html)
EGALE CANADA - PRESS RELEASE
for immediate release
July 14, 2004
COURT EXTENDS EQUAL MARRIAGE TO THE YUKON
CRITICIZES FEDS AND YUKON FOR THEIR REFUSAL TO ACCEPT EQUAL MARRIAGE
PAUL MARTIN AND PREMIERS CALLED ON TO TAKE ACTION
More Challenges Expected If Legal Vacuum Persists
Whitehorse, July 14, 2004. Today the Supreme Court of the Yukon Territory ruled that the Yukon Territorial Government must issue a marriage licence to gay couple Rob Edge and Stephen Dunbar and that a marriage between two persons of the same sex is a lawful and valid marriage in the Yukon Territory. The decision was delivered orally, with written reasons to follow tomorrow. The decision makes it even more likely that court challenges in other provinces will succeed, and that governments who fight equal marriage will be liable for costs.
"Stephen and I are very happy," said Rob Edge. "Our wedding this Saturday will be one of the most important days of our lives, symbolic of the commitment we feel for each other and wish to demonstrate to our friends, our family, and our community. It's an odd feeling to be explaining that to others. Hopefully someday nobody will question why same-sex couples want to marry - they'll know it's for the same reasons as everyone else."
"Now Stephen and Rob not only get to have a wedding, they get to have a marriage," said Jim Tucker, the couple's lawyer. "The judge said the federal government took an 'inconsistent approach' in the Yukon given its recognition of the unconstitutionality of excluding same-sex couples from civil marriage and its acceptance of the decisions of the Quebec, B.C. and Ontario Courts of Appeal. The judge went on to order that both the federal government and the Yukon Territorial Government together pay our full legal costs. He said that the Yukon Territorial Government had a choice, and it chose not to issue marriage licences until ordered to do so by the Court."
"The judge agreed that justice delayed is justice denied," said Martha McCarthy, who represented same-sex couples in both the Ontario and Quebec marriage challenges, and who flew to Yukon on Egale's behalf to lend her support to this case. "He rejected the federal government's arguments that courts should stand idly by while Parliament waits for the Supreme Court to decide. As the Supreme Court said in the Vriend case, 'if the infringement of the rights and freedoms of these groups is permitted to persist while governments fail to pursue equality diligently, then the guarantees of the Charter will be reduced to little more than empty words.'"
"This ruling sends a message that governments across the country must now accept the Charter right of same-sex couples to marry in a civil ceremony," said Laurie Arron, Director of Advocacy of Egale. "It is simply unacceptable to maintain the fiction that capacity to marry, which is federal law, is different from one province or territory to the next. There is one law for the whole country, and that law includes same-sex couples. Governments who don't accept that are leaving themselves open to legal challenges and liability for costs."
"The Prime Minister spoke eloquently during the election campaign about the importance of the Charter, and Canadians clearly agreed," said Cicely McWilliam, Outreach Coordinator for Canadians for Equal Marriage. "Mr. Martin has a mandate to move forward and an excellent opportunity to take action to back up his eloquent words. It's time for the Prime Minister to make a clear statement saying that the law has been changed across Canada and that all provinces and territories should comply. It's time for him to direct government lawyers to support us in court rather than fight against us. That would not only demonstrate his support for the Charter, it would also save taxpayers millions of dollars in unnecessary legal costs."
A survey released July 1 by the Centre for Research and Information on Canada and Environics found that the number of Canadians agreeing that gays and lesbians should be allowed to get married has increased. Currently, 57% agree, the highest level since CRIC first asked the question two years ago, and up from 48% in September 2003. The number disagreeing currently stands at 38%, down from 47% in September 2003. (see New Canada survey at http://www.cric.ca/en_html/index.html)
