Gay Marriage Legalized In Can. Prairie Province
by Rich Peters 365Gay.com Western Canada Bureau Chief
Posted: November 5, 2004 11:22 am ET, Updated 12:08 pm ET


(Saskatoon, Saskatchewan) Canadian bans on same-sex marriage are falling like a house of cards with Saskatchewan Friday becoming the seventh area to declare that preventing gays and lesbians from obtaining marriage licenses to be unconstitutional.

The ruling, by Madam Justice Donna Wilson of the Law Division of the Saskatchewan Court of Queen's Bench, comes the same week that 11 states in the US amended their constitutions to bar gay marriage.

"The common-law definition of marriage for civil purposes is declared to be `the lawful union of two persons to the exclusion of all others,' '' Wilson wrote in a five page ruling.
She also ordered that a total of $10,000 in legal costs be paid to the five couples making the application. The tab was split evenly between the two levels of government.
The Saskatchewan case was brought by five same-sex couples . Four of the couples are seeking the right to marry and the fifth couple want legal recognition of their marriage performed in British Columbia where gay marriage is already legal.

"Marriage signifies societal recognition and affirmation of a relationship between two people who love each other and are committed to each other," said Lenore Swystun, whose partner is Kelley Moore. "Kelley and I had a commitment ceremony January 25, 2002, but for us, equal marriage is simply about acknowledging our basic human rights."

"We are committed to one another and wish to be together for the rest of our lives," said Lisa Stumborg, who had a covenanting ceremony with her partner Erin Scriven on October 9, 2004 at St. Thomas-Wesley United Church in Saskatoon. "Now we'll have a civil ceremony to 'legalize' our marriage. We leave for our honeymoon on Sunday, and now we can be legally married before we leave! To me, the right to marry is important because we would like to have children and we see this as a way of solidifying our family."

"It's nothing revolutionary," said Nicole White, who plans to marry her partner Julie Richards next summer. "I've found the person that I want to spend the rest of my life with." Julie added: "My father was there when I proposed to Niki. He said it was one of the happiest moments of his life. He'll be thrilled that now he can be there for our wedding."

"What this means to me is peace of mind," said James Hein-Blackmore, who married his husband William Hein-Blackmore in B.C. on July 6, 2004. "The day we were married was a great day of happiness as we professed our love to one another. But not having our marriage recognized here in Saskatchewan was a great burden. Now I know that no matter what happens in our lives or our health, I can rest assured that my husband will have all the legal rights to handle things the way we want them."

In addition to British Columbia, Ontario, Quebec, Manitoba, Nova Scotia, and the Yukon territory also allow gay marriage. A lawsuit in Newfoundland was launched this week.
The Newfoundland case involves two lesbian couples who were denied a marriage licenses.
The couples say provincial rules that don't allow same-sex couples to wed violate the Constitution and previous rulings of the Supreme Court of Canada.

Both the federal government which has jurisdiction over marriage and the province of Saskatchewan which is responsible for the issuing of marriage licenses, were named in the suit. Neither level of government opposed the case.

The Canadian government has pending legislation that would legalize gay marriage across the country. The draft bill is currently before the Supreme Court for a constitutional review. But, as the federal definition of marriage as being between a man and a women continues to be struck down in each province where it is challenged federal legislation may become virtually moot.

©365Gay.com 2004