Press Release

April 22, 2003

Ontario Court of Appeal Begins Landmark Hearing Regarding the Exclusion of Same-Sex Couples from Marriage

The Ontario Court of Appeal begins hearings today on two landmark challenges to Canada’s marriage laws. The hearings are expected to continue until Friday, April 25.

The challenges involve an appeal by the Attorney General of Canada to the July 12, 2002 decision of the Ontario Superior Court of Justice. In that decision a three judge panel unanimously declared that the exclusion of same-sex couples from marriage is discriminatory and unconstitutional.

One case involves a challenge to the refusal by the City Clerk of Toronto to issue a marriage licence to seven same-sex couples seeking to marry.

“This marriage case is of utmost importance to both of us because it speaks to equality, dignity and quality of life for us as individuals who belong to the mainstream,” said Barbara McDowall and Gail Donnelly, one of the couples involved in the case. “If we want to live in a world where we can marry the person that we choose to love, then we must do whatever we can to make that happen—and then we will live in that world.”

“Finally, after 25 years of a loving relationship, we will hopefully have validation of that relationship in the eyes of society,” added Tom Allworth and Al Pittman, another of the couples. “We will no longer be just the two men who live quietly on the street, but, taking pride in our lives together, will be recognized as equal contributors to society as a whole.”

Other couples are: Hedy Halpern & Colleen Rogers, Michael Leshner & Michael Stark, Dawn Onishenko & Julie Erbland, Carolyn Rowe & Carolyn Moffatt, Alison Kemper & Joyce Barnett. The 7 couples are represented by Martha McCarthy and Joanna Radbord of Epstein Cole.

Being heard simultaneously is a challenge by the Metropolitan Community Church of Toronto (MCCT). After publishing banns for same-sex couples Kevin Bourassa & Joe Varnell and Elaine & Anne Vautour in accordance with the age-old legal tradition, the MCCT married the couples in a double wedding ceremony on January 14, 2001. The Ontario Government, however, refused to register the marriages, and neither the provincial nor federal governments have been willing to recognize the legal validity of the marriages. The Church has issued legal proceedings to protect its constitutional rights to freedom of religion and equality.

“We look forward to the day when Canada embraces the diversity of all people, and legally recognizes what God already knows—that love has no bounds,” said Rev. Dr. Brent Hawkes, Senior Pastor of the MCCT.

“We’d like to see our relationship treated with the same respect that our married siblings and friends’ relationships receive,” added Anne and Elaine Vautour.

The MCCT is represented by Douglas Elliott, Trent Morris and Victoria Paris of McGowan Elliott & Kim.

The national organization, Egale Canada, has been granted intervenor status, in recognition of the fact that the Court’s decision will impact upon the equality rights of lesbians, gays, bisexuals and transgendered people all across Canada. Egale is represented by Cynthia Petersen and Vanessa Payne of Sack Goldblatt Mitchell.

“Denying same-sex couples the freedom to marry is an antiquated discriminatory rule that has no place in contemporary Canadian society,” explained Ms. Petersen today. “We are confident that the Court will recognize the need to change the law to reflect modern social reality and values.”

Also intervening in support of equal marriage are the Canadian Human Rights Commission and the Canadian Coalition of Liberal Rabbis for Same-Sex Marriage. “Religious life in Canada is changing,” [name removed by request], co-ordinator for the Coalition. “There is a growing constituency of liberal clergy across denominations who are fully in support of civil and religious marriage of same-sex couples as a matter of religious freedom and social justice. No religious group will be compelled to perform or recognize same-sex marriages against their convictions.”

Also supporting the case is Marilyn Byers, of Parents, Family and Friends of Lesbians and Gays. “We love our gay and lesbian children equally with our heterosexual sons and daughters,” said Ms. Byers. “Wouldn’t any parent want their children treated equally? It’s only a matter of time before same-sex marriage is legally recognized.”

On September 7, 2002, the Quebec Superior Court also concluded that denying same-sex couples the equal right to marry is unconstitutional. An earlier ruling by the B.C. Supreme Court upheld the opposite-sex restriction, although the Court recognized that the current definition of marriage is discriminatory. An appeal of the B.C. judgment was heard in February, 2003, and a decision is pending.

In the fall of 2002, the Federal Minister of Justice asked the government Justice and Human Rights Committee to hold public hearings on this issue. Hearings were held in Ottawa during February and March, and across the country earlier this month. The hearings conclude on April 28 and 29 in Montreal and on April 30 in Iqaluit. In addition to the above parties, supportive witnesses have included the Law Commission of Canada, the Ontario Human Rights Commission, the Yukon Human Rights Commission, the Canadian Labour Congress, the Canadian Association of Social Workers, the Vancouver Association of Chinese Canadians, the United Church and the Unitarian Church. The Justice Committee is expected to issue its report in early June. Transcripts are available at www.parl.gc.ca and further information is available from Egale.

While the legal rights and freedoms of vulnerable minorities should never be subject to a popularity contest, it is interesting to note that a majority of Canadians favour extending marriage to same-sex couples (Leger, 2001; Environics, 2001). As noted by government pollster Michael Marzolini, Chairman of Pollara Research, “(t)he writing is on the wall for this issue. It will become more popular. It will become more and more acceptable. Government can lead popular opinion or it can follow it and this is an opportunity to lead rather than follow it.”

For further info, call:
Chris Phibbs, Media Coordinator: 416-392-7903

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Canada's LGBT human rights organization: advancing equality, diversity, education, and justice.