Canadians for Equal Marriage

Press Release

July 21, 2004

Canadians for Equal Marriage Urges Feds to Consent to Divorce

It’s a legal no-brainer, Opposing it makes no sense

Toronto—It was widely reported today that a same-sex couple in Toronto is seeking a divorce, but that the Divorce Act as currently written does not contemplate that. The federal government sought to delay the hearing but the Ontario Superior Court rejected any delay and scheduled an expedited hearing for September 13, 2004.

“This is a legal no-brainer. Same-sex couples have the legal right to marry. If they can marry, then obviously they must have the legal right to divorce,” said Laurie Arron, lawyer and Political Coordinator for Canadians for Equal Marriage. “Everyone knows the divorce law must be amended. The government’s proposed legislation even contains the note that ‘consequential amendments will be added in the bill that is introduced in Parliament.’ There is no reason in the world for the federal government not to support prompt action by the court to remedy this obvious injustice.”

“Just last week the Yukon Supreme Court criticized the federal government’s position that courts should wait until after the Supreme Court reference before hearing equal marriage cases. The Court said it’s well-established that excluding same-sex couples is unconstitutional and justice should not be delayed. Delay hurts people, and there’s no reason for it.”

“Some may try to seize this opportunity to criticize equal marriage, but I’m sure that would backfire,” said Gilles Marchildon, Executive Director of Egale. “We all know that if same-sex couples can get married, some of those marriages will end in divorce. We don’t reject heterosexual marriage when that happens, no matter what the circumstances. So how could this justify rejecting equal marriage for same-sex couples?”

“I am sure that once the government reflects on this situation, they will direct government lawyers to consent to the divorce,” added Cicely McWilliam, Outreach Coordinator for Canadians for Equal Marriage (CEM). “I hope that the Prime Minister and the Justice Minister will also consent to the inevitable legal challenges in other provinces following last week’s decision by the Yukon Supreme Court.”

“The Prime Minister spoke eloquently during the election campaign about the importance of the Charter, and Canadians clearly agreed,” added Ms. McWilliam. “Mr. Martin has a mandate to move forward and an excellent opportunity to take action to back up his eloquent words. 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 )

For more info:
Laurie Arron, Canadians for Equal Marriage, 416-928-1238 (o), 416-839-7178 (c)
Cicely McWilliam , Canadians for Equal Marriage, 416-928-1238 (o)
Gilles Marchildon, Egale Canada, 613-230-1043 (o), 613-864-1133 (c)

Egale Canada ©2011

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