June 10, 2003

Press Release

Ontario Court Of Appeal Unanimously Affirms: Same-Sex Couples Have Equal Right To Marry—Effective Immediately!

The Ontario Court of Appeal ruled unanimously today that same-sex couples have a constitutional right to equal marriage. This judgment affirms similar unanimous Court rulings in British Columbia and Quebec, and goes further in that does not suspend its ruling, meaning that the opposite-sex restriction on marriage is invalid, effective immediately. The Ontario cases were brought by Martha McCarthy and Joanna Radbord on behalf of seven couples seeking civil marriage, by Doug Elliott and Trent Morris on behalf of the Metropolitan Community Church of Toronto, and were supported by Cynthia Petersen representing Egale Canada and by the Canadian Human Rights Commission and the Coalition of Liberal Rabbis in Support of Same-Sex Marriage.

The Court ruling also affirmed that permitting same-sex couples to marry will not limit religious freedom. As the Court stated at para. 138 of its judgment:

“Freedom of religion under s. 2(a) of the Charter ensures that religious groups have the option of refusing to solemnize same-sex marriages.”

“This historic ruling means that same-sex marriage is now a reality in Canada,” said Lisa Lachance, Egale’s President. “Four Courts and ten judges in a row have unanimously ruled that same-sex couples have a constitutional right to celebrate their love and their lives on equal terms. The House of Commons Justice Committee and the Justice Minister have spent more than enough time debating the issue while couples across Canada have continued to be denied equality. This ruling now affirms that our right to equal marriage can no longer be put on hold while we wait for Parliament to act.”

Egale and Committee MPs called upon the federal government to respect today’s judgment and to affirm the right of same-sex couples to equal marriage.

At Egale's recent Press Conference for party leaders and leadership candidates, Minister Sheila Copps, PC, MP and Deputy Prime Minister John Manley, PC, MP expressed support for same-sex marriage, and the Hon. Paul Martin, PC, MP stated that with a win in Ontario there should be “no more appeals.”

“There can be no justification for the federal government continuing to waste taxpayers’ money fighting to discriminate against its own citizens,” said John Fisher, Egale’s Director of Advocacy. “Government needs to act immediately to confirm its support of this ruling, and to clarify the situation of couples seeking to marry in other provinces and territories.”

For further info, call: John Fisher, Egale Canada: 613-230-1043; cell: 613-291-5187

Don't miss our Equal Marriage page.

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