Gay Marriage in Canada

I am a little late in touching on this subject, so if you did not hear the news last week that Canada nullified thousands of same-sex marriages of foreigners performed in Canada, then I'd suggest you just Google "Canada Gay Marriage Reversal" to get the full story. Below is my summary from things I have heard and read about the issue, to hopefully present as clear a picture as I can as a gay Canadian.

The issue about "reversing" the same-sex marriages came about when a lesbian couple wanted a divorce. They were married in Canada in 2005. They do not reside in Canada. This is where the fundamental problem arises.

I am no lawyer, but from what I have learned, most countries recognize marriages performed in foreign countries as legal, provided that such a union is legal in their own country.
So for example, if a gay couple were to get married in Belgium (where it is legal), and to move to Canada, that marriage would be recognized in Canada.
However, if a gay couple were to get married in Canada and move to anywhere else in the world where same-sex marriage is not legal, that marriage would generally not be recognized.
Therefore for many same-sex couples married in Canada but residing elsewhere, they recognize that their marriage is not legal in their home country. Though it may be used to help fight for legality.

Moving along.
Not all marriages are 'happily ever after' including same-sex ones. So it was when the lesbian couple wanted to divorce that caused all the hubbub.
Since they live in a place that does not recognize sane-sex marriage, the women came back to Canada to get a divorce.
Canadian law however requires that a couple must live in Canada for at least a year before a divorce is granted (this is due to all the custody stuff).

Now is where I bring in the last point about marriage, which is the foundation of the comments that the marriage of many same-sex foreigners in Canada is null.
"Private international law of marriage basically says that Canada only recognizes a "tourist" marriage (one where the couple actually has no connection to Canada) if the marriage will be valid in their home jurisdiction." from http://www.xtra.ca/public/National/The_samesex_marriage_matter-11363.aspx

Basically, even though their marriage was done legally in Canada, because they reside in a place where the marriage is not legal, then their marriage is not recognized by Canada.

This is where Canada is starting to change the law, to find ways around this.


For more on this topic please read any of the following:

• http://unicornbooty.com/blog/2012/01/12/canadian-govt-dissolves-thousands-of-same-sex-marriages-including-dan-savages/
• http://www.cbc.ca/news/canada/thunder-bay/story/2012/01/12/pol-harper-same-sex-marriage.html
• http://slog.thestranger.com/slog/archives/2012/01/12/canadas-conservative-government-turns-my-husband-back-into-my-boyfriend
• http://www.theglobeandmail.com/search/?q=gay+marriage+reversal&start=0

There is a good radio show about how same-sex marriage in Canada is an international game changer, with more information on same-sex marriage in Canada.
If you are interested in same-sex marriages out side of Canada, I'd suggest you listen to this.
http://www.cbc.ca/thecurrent/episode/2012/01/16/the-influential-reach-of-canadas-same-sex-marriage-laws/