Citizendia

Gay rights in Canada
Civil Marriage Act
Re Same-Sex Marriage
38th House · 38th Senate
39th House · 39th Senate
Same-sex marriage in Canada
Civil unions in Quebec

Civil unions in Quebec: Pursuant to a range of activism and to the M. v. H. decision, the National Assembly of Quebec voted unanimously to create a status of civil union, available to both opposite-sex and same-sex couples and largely having the same rights as marriage, by modifying the Civil Code of Quebec. Canada has provided more legal rights for LGBT people than many other liberal nations The Civil Marriage Act (full title " An Act respecting certain aspects of legal capacity for marriage for civil purposes " was Legislation legalizing Background Prior to this case the issue regarding the constitutional validity of same-sex marriage had been considered by several of the provinces appeal courts all of them holding This article lists the The Civil Marriage Act was approved by the Canadian House of Commons on Third reading on June 28 2005 (see Members of the 38th This article lists the The Civil Marriage Act received Royal assent on July 20 2005. On July 20, 2005, Canada became the fourth country in the world to legalize same-sex marriage nationwide with the approval of the Civil Marriage Act. Same-sex marriage in British Columbia Background On July 08th 2003 the Canadian province of British Columbia became the second region in Canada to legalize Same-sex marriage in Alberta: The province of Alberta began granting marriage licences to same-sex couples on July 20, 2005 upon the granting of Royal Saskatchewan has recognized Same-sex marriage, as of November 5, 2004. Same-sex marriage in Manitoba began on September 16, 2004, when Manitoba became the fifth jurisdiction in Canada to legalize Same-sex marriage The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell and Elaine Vautour to Anne Vautour by Rev On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B Same-sex marriage in New Brunswick The province of New Brunswick began issuing marriage licences to same-sex couples on July 4, 2005, pursuant to a Same-sex marriage in Prince Edward Island: The Canadian province of Prince Edward Island began the process of updating its laws to recognize Same-sex marriage after Same-sex marriage in Nova Scotia: In August 2004, three couples in Nova Scotia brought the suit Boutilier et al Same-sex marriage in Newfoundland and Labrador: Newfoundland and Labrador has issued marriage licences to same-sex couples since December 21, 2004 Same-sex marriage in Yukon began on July 14, 2004, when Yukon Territory became the fourth jurisdiction in Canada to legalize Same-sex marriage Same-sex marriage in the Northwest Territories: The Northwest Territories began granting Marriage licences to same-sex couples on July 20, Nunavut Territory began granting marriage licences to same-sex couples upon the passage of the federal Civil Marriage Act on July 20, 2005 A civil union is a legally recognized union similar to Marriage. Quebec (kwɨˈbɛk M v H 2 SCR 3 is a landmark decision of the Supreme Court of Canada on the rights of same-sex couples to equal treatment under the Constitution of The National Assembly of Quebec (Assemblée nationale du Québec is the name for the legislative body of the province of Quebec, Canada. NOTICE TO WOULD-BE ROMEOS ************** The Civil Code of Québec ( Code civil du Québec) is the Civil code in force in the province of Quebec, Canada. The law was enacted on June 24, 2002. Events 972 - Battle of Cedynia, the first documented victory of Polish forces takes place See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. See: Civil Code of Quebec [CCQ] (Book 2: 'The Family', Title One. 1, arts. 521. 1 to 521. 19).

A civil union is contracted into by same-sex or opposite-sex partners 18 years of age and older, who are not otherwise married, not in another civil union, or who are not closely related, following prescribed formalities similar to the regime of marriage. The civil union carries obligations and benefits equivalent to that of marriage including the obligation of support (CCQ art. An obligation is a requirement to take some course of action whether legal or moral. Alimony, maintenance or spousal support is an obligation established by Law in many countries that is based on the premise that both spouses have an absolute 585) and the establishment of a family patrimony and family residence (CCQ art. Family patrimony is a type of civil law Patrimony that is created by Marriage or Civil union (where recognized which creates a bundle of entitlements 521. 6) and may otherwise be modified by a contract (CCQ 521. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law 8) similar to a pre-nuptial agreement and may agree to a particular property regime similar to available matrimonial regimes. A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a Contract entered Matrimonial regimes are the property ownership regimes that are set forth in the law to which couples may prescribe under civil law Marriage law It creates a family connection between the spouses and their relatives (CCQ art. 521. 7).

Judicial conciliation is merited "when the spouses cannot agree on their rights and performance of their duties" (CCQ art. 521. 9). Such union may be annulled within three years if irregularly contracted (CCQ arts. Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract 521. 10-521. 11). A civil union ends at death of one of the partners or may be dissolved by judicial dissolution or by a 'transaction agreement' and 'joint declaration' before a civil law notary and recorded en minute if both partners consent and they settle all the consequences of the dissolution (CCQ arts. Civil law notaries are trained Jurists who often receive the same training as advocating jurists &mdash those with a legal education who become litigators such as Barristers 521. 13-521. 16).

Legal recognition of
Same-sex unions
Same-sex marriage

Belgium
Canada
Netherlands

Norway (eff. On January 30, 2003, Belgium became the second country in the world to legally recognise Same-sex marriage, with some restrictions On July 20, 2005, Canada became the fourth country in the world to legalize same-sex marriage nationwide with the approval of the Civil Marriage Act. The Netherlands has allowed Same-sex marriage since 1 April 2001, the first nation in the world to do so 2009-1-1)
South Africa
Spain

Recognized in some regions

United States (MA, CA eff. Same-sex marriage became legal in South Africa on 30 November 2006 when the Civil Unions Bill was enacted after having been passed Same-sex marriage in Spain was legalized in 2005 In 2004 the nation's newly elected Socialist government led by President José Luis Rodríguez Zapatero Same-sex marriage, also referred to as gay marriage, is a Marriage between two persons of the same sex Same-sex marriage in the US state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court Same-sex marriage in the United States - editing that article for size and clarity 2008-6-16 at 5:01 p. m. PDT)

Foreign marriages recognized

Aruba
Israel
Netherlands Antilles
United States (NM, NY, RI)

Civil unions and
registered partnerships

Andorra
Czech Republic
Denmark
Finland
France
Germany
Hungary (eff. The recognition of Same-sex marriages became legal in Aruba after three Courts all ruled gay marriages must be recognized Same-sex marriage in Israel is currently unlikely since all marriages in Israel are performed under the auspices of the religious authority of the religion to which the couple belongs In April 2007, the Netherland's Supreme court, the Hoge Raad der Nederlanden, ruled in favor of two lesbians who sought to register their marriage in Same-sex marriage, also referred to as gay marriage, is a Marriage between two persons of the same sex Same-sex marriages are not performed in the state of New Mexico, which also does not provide Civil unions or Domestic partnerships New Mexico Same-sex marriage cannot legally be performed in New York. While one intermediate appellate court in New York has held that the state must recognize foreign same-sex Same-sex marriages cannot currently be performed under the laws of the state of Rhode Island. In March 2005, the Principality of Andorra first recognized the right of Same-sex couples to join in Civil unions. The Czech Republic grants unregistered Cohabitation status to "persons living in a common household" that gives couples inheritance and succession Civil unions in Finland were created for same-sex couples in the form of Registered partnerships in 2002 In France, a pacte civil de solidarité ( English: "civil pact of solidarity" commonly known as a PACS /paks/ (or 2009-1-1)
Iceland

Luxembourg
New Zealand
Slovenia
Sweden
Switzerland
United Kingdom
Uruguay

Recognized in some regions

Argentina (C, R, VCP)
Australia (TAS, SA, ACT, VIC eff. Registered partnerships for Gay and Lesbian couples were introduced in Iceland in 1996. Civil unions in Luxembourg for same-sex and opposite-sex couples were legalised through legislation in 2004 ("loi relative aux effets légaux de certains Slovenia currently recognizes same-sex Civil unions giving same-sex partners access to one another's pensions and property Registered partnership was granted in Sweden in 1995. Sweden was the third country to legally recognise same-sex unions after Denmark and Norway In a nationwide Referendum on June 5, 2005, the Swiss people approved by 58% a Registered partnership law granting On January 1, 2008, Uruguay became the first Latin American country to have a national Civil union law In Argentina, Marriage is allowed only between a man and woman Buenos Aires is the Capital and largest city of Argentina. It is geographically located on the southern shore of the Río de la Plata, on the southeastern Río Negro is a province of Argentina, located at the northern edge of Patagonia. Villa Carlos Paz is a city in the center-north of the province of Córdoba, Argentina, in the south of the Punilla Valley, lying on the western Tasmania 's Relationships Act 2003 provided for registration and recognition of a type of Registered partnership in two distinct categories Significant Relationships South Australia is a state of Australia in the southern central part of the country } The Australian Capital Territory (ACT is the Capital territory of the Commonwealth of Australia and its smallest self-governing internal territory 2008-12-1)
Brazil (RS)
Canada (QC)
Mexico (Coah., DF)
United States (CA, CT, DC, HI, ME, NH, NJ, OR, VT, WA)

Unregistered co-habitation

Australia
Austria
Brazil
Colombia

Croatia
Israel
Portugal

Recognition debated

Argentina
Austria
Australia (QLD)
Brazil
Chile
China
Colombia
Costa Rica
Croatia
Cuba
Estonia
Ecuador
Faroe Islands

Greece
Ireland
Italy
Jersey
Latvia
Liechtenstein
Lithuania
Poland
Romania
Slovakia
Taiwan
United States
   (IA, IL, MD, NM, NY, RI)

Same-sex marriage debated,
recognition granted

Czech Republic
Denmark
France
Hungary
Iceland

New Zealand
Portugal
Sweden
United Kingdom

United States (CT, DC, HI, ME, NH, NJ, OR, VT, WA)
See also

Same-sex marriage
Civil union
Registered partnership
Domestic partnership
Timeline of same-sex marriage
Listings by country

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Judicial dissolution is merited when "the interests of the common children of the spouses are at stake" or where the parties cannot otherwise agree (CCQ art. There is continued debate in the Brazilian legislative and judicial branches about the legal status of same-sex couples (ʁiu ˈgɾɐ̃de do ˈsuɫ lit "Large River of the South" is the southernmost State of Brazil, and the State with the fourth highest Human Development Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Coahuila, formally Coahuila de Zaragoza is one of Mexico 's 31 component states. Mexico City (in Spanish: Ciudad de México, México DF, México or simply Méjico) is the Capital city of Mexico A civil union is a legally recognized union similar to Marriage. A California domestic partnership is a legal relationship available to same-sex couples and to certain opposite-sex couples in which at least one party is at least 62 years Washington DC, has recognized domestic partnerships since June 11, 1992, when the Health Benefits Expansion Act DC Law 9-114 was passed allowing In April 2004 the Maine Legislature passed a bill to establish Domestic Partnerships. Civil unions in New Hampshire are permitted under state law between unrelated same-sex individuals and are intended to provide the same "'rights responsibilities and obligations' In April and May 2007 following a previous attempt in 2005 the Oregon state legislature passed legislation to make virtually all of the rights afforded to married couples available The State Registered Domestic Partners Registry (SRDP was created on April 10, 2007, by the Washington Legislature. There is continued debate in the Brazilian legislative and judicial branches about the legal status of same-sex couples Croatia has allowed unregistered Cohabitation for same-sex couples since 2003 Israel has granted unregistered Cohabitation for Same-sex couples since 1994, in the form of Common-law marriage, a status Civil unions in Portugal were introduced for opposite-sex couples in 1 July 1999 and extended to same-sex couples by the act of 15 March Queensland is a state of Australia, occupying the north-eastern corner of the mainland continent There is continued debate in the Brazilian legislative and judicial branches about the legal status of same-sex couples Gay Civil unions are not legal in Costa Rica; however the issue is being considered by the Legislative Assembly. Croatia has allowed unregistered Cohabitation for same-sex couples since 2003 Cuban law does not currently recognize same-sex relationships and the Cuban Constitution reserves marriage only for men and women Age of consent Homosexuality has been legal in the Faroe Islands since 1933 when it was decriminalized in Denmark Currently the British Crown dependency of Jersey has no legislation recognising same-sex civil partnerships The pressure group Progress In December 2005, Latvia became the third member state of European Union (after Poland and Lithuania) to constitutionally define marriage as In December 2001 the FLay (a local organisation and a local political party (Freie Liste worked on a draft for a same-sex partnership law Same-sex marriages are not legal in Lithuania, with the Civil Code defining Marriage as a voluntary agreement between a man and a woman Romania does not recognise same-sex unions either in the form of same-sex marriage or civil unions Slovakia, unlike its liberal counterpart Czech Republic, is more conservative on issues dealing with Homosexuality. In 2003 the Executive branch of the Republic of China government ( Executive Yuan) proposed legislation granting marriages to same-sex couples under the Same-sex marriage, also referred to as gay marriage, is a Marriage between two persons of the same sex Same-sex marriage in the US state of Iowa was allowed for a short time from August 30 to August 31, 2007, Although Illinois does not currently have a civil union law the 2005 Illinois Policy Survey (conducted by Northern Illinois University) revealed that 31% of residents supported Same-sex marriages are not performed in the state of New Mexico, which also does not provide Civil unions or Domestic partnerships New Mexico Same-sex marriage cannot legally be performed in New York. While one intermediate appellate court in New York has held that the state must recognize foreign same-sex Same-sex marriages cannot currently be performed under the laws of the state of Rhode Island. The Czech Republic is considered to be one of the most liberal Central Europe countries Same-sex marriage is not legal in France. As of 2006, one Same-sex marriage ceremony has been conducted in France and was declared void Registered partnerships for Gay and Lesbian couples were introduced in Iceland in 1996. New Zealand does not allow same-sex marriage proper but allows Civil unions that provide virtually all the rights and responsibilities of Marriage but there The Portuguese civil code currently bans same-sex marriage but civil unions have been legal since 2001 Same-sex marriage is not legal in Sweden due to a 1987 law that defines marriage between one man and one woman but Civil unions are offered permitting the benefits Different laws and procedures apply to marriage in the different countries of the United Kingdom. Same-sex marriage, also referred to as gay marriage, is a Marriage between two persons of the same sex Washington DC, has recognized domestic partnerships since June 11, 1992, when the Health Benefits Expansion Act DC Law 9-114 was passed allowing In April 2004 the Maine Legislature passed a bill to establish Domestic Partnerships. LGBT rights in New Hampshire refers to the Civil rights specifically relating to Lesbian, Gay, Bisexual and Transgender individuals In April and May 2007 following a previous attempt in 2005 the Oregon state legislature passed legislation to make virtually all of the rights afforded to married couples available Same-sex marriage is not recognized in Washington state The Washington Supreme Court would have made Washington the second U Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same A civil union is a legally recognized union similar to Marriage. Registered partnership is one of several terms synonymous with a Civil union or Civil partnership similar to Marriage, typically created in order to provide A domestic partnership is a legal or Personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional A timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide in modern history followed by a timeline of notable same-sex marriages and unions 521. 17 para. 1). Provisional orders of support, custody and access may be entered during the pendancy of the dissolution action (CCQ art. 521. 71 para. 2) and the court may, upon or after pronouncing dissolution decide maintenance, custody and education issues in the best interests of and with due regard to the rights of the children (CCQ art. Best interests or best interests of the child is the doctrine used by most Courts to determine a wide range of issues relating to the well-being of Children 521. 17, para. 3).

The act establishing the regime of civil union also modified rules creating filiation for biological children of one of the partners, and for adopted children as well as the recognition of parental authority and child support obligations so they will apply to civil union couples as well as married couples.

In March 2004, Quebec same-sex couples won the right to marry. On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B Today, couples (both opposite- and same-sex) can choose between civil marriage and civil unions.

See also

External links

Canada has provided more legal rights for LGBT people than many other liberal nations
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