Prenuptial Agreement - Prenuptial Agreements - Prenuptial Forms - Prenuptial Contract - Legal Forms - Prenup
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British Columbia Court Strikes Down Marriage Law.
Marriage, defined as the lifelong union of one man and one woman, violates the Canadian Charter of Rights and Freedoms, according to a decision issued Thursday by the Court of Appeal for British Columbia. The ruling reverses Justice Pitfield's trial decision concluding Marriage was embedded in the Canadian Constitution and could be redefined only by constitutional amendment. On appeal, both the plaintiffs and the Attorney General's office disclaimed that argument, leaving the British Columbia Coalition for Marriage and Family and the Interfaith Coalition for Marriage alone in arguing for an originalist view of the Constitution.
The three-judge panel on the Court of Appeal unanimously agreed that, although Canadian common law tradition recognizes Marriage only as a male-female union, that definition of Marriage discriminates against lesbians and gay men. After concluding that existing law is discriminatory, the court unilaterally redefined Marriage, adopting the statement that Marriage is "the lawful union of two persons to the exclusion of all others." The court delayed implementation of its ruling until July 12, 2004, ostensibly giving the federal and provincial legislatures time to bring statutory enactments into accord with the ruling.
The British Columbia Court of Appeal is the highest court in the province. The case may be appealed to the Canadian Supreme Court, though Justice Minister Martin Cauchon indicates that the government has not decided whether to appeal the decision.
Sources: Barbeau v. British Columbia (Attorney General), 2003 BCCA 251 (May 1, 2003); Canadian Press, "B.C. Court Approves Same-sex Marriages," May 2, 2003.
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