Same-Sex Marriage Ruled Legal In Manitoba

by Oliver Moore
Globe and Mail Update
UPDATED AT 12:32 PM EDT Thursday, Sep 16, 2004

A Manitoba judge ruled Thursday that the traditional definition of marriage is unconstitutional, making the province the fourth in Canada to allow same-sex marriages.

An equality-rights group, noting that more than three-quarters of Canadians now live in an area that allows marriage between same-sex couples, and said that pressure is mounting on the rest of Canada to likewise broaden its definition of marriage.

"There is no reason for other provinces to refuse to issue marriage licences to same-sex couples," said University of Manitoba law professor Karen Busby, a director with EGALE. "In fact, it is becoming increasingly clear that they have a legal obligation to do so."

Thursday's ruling stemmed from a lawsuit brought on behalf of three same-sex couples. It comes after judges in Ontario, Quebec and British Columbia had likewise acted to broaden the definition of marriage.

The decision by Mr. Justice Douglas Yard of the Manitoba Court of Queen's Bench was not unexpected, the lawsuit being unopposed by both the Manitoba and the federal government.

Judge Yard said that precedents set in other parts of Canada weighed heavily in his decision, according to a Canadian Press reporter at the court.

"The cumulative effect and the overwhelming effect of that judicial authority is to the effect that the traditional definition of marriage is no longer constitutionally valid in view of the provisions of the Charter of Rights and Freedoms," he said.

"The traditional definition of marriage in Manitoba is reformulated to mean a voluntary union for life of two persons at the exclusion of all others."

The plaintiffs were a gay couple and two lesbian couples, all of them in extended relationships. Chris Vogel and Rich North had their Unitarian marriage declared invalid by a Manitoba court shortly after the 1974 ceremony. Also connected to the case are Stefphany Cholakis and Michelle Ritchot, who have been together nearly 13 years, and Laura Fouhse and Jordan Cantwell, who are raising a six-year-old daughter.

The province's first legal same-sex wedding, that of Ms. Fouhse and Ms. Cantwell, is scheduled for Saturday.

"Words cannot express how much this means to us as a family. Now our daughter will grow up knowing that her family is recognized and valued like those of her friends," Ms. Cantwell said.

Her daughter, Hope, 6, said she was excited. "I really want my moms to be able to get married."