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Women's Rights
What's New? - Archive
WomenMatter will continuously post updates on all this and other issues as we monitor the continuing philosophical and practical debates nationwide.
Please check back often for updates. Past updates are available for reference on the Women's Rights Archives page.
Since Women's Rights is in many ways an umbrella issue, WomenMatter will highlight related updates from other Life Issue areas here:
"The Canadian Earthquake": Same-sex marriage legalized by neighbors
Lesbians and gays will soon be able to marry in Canada. The national policy to extend the marriage law won cabinet approval on June 17, 2003 and is expected to pass through the House of Commons and become law in late summer/ early fall 2003.
Canada will be one of only three countries in the world to recognize by law lesbian and gay marriages. The others are the Netherlands and Belgium; however, these countries’ laws are more restrictive than Canada’s new marriage policy.
Canada’s new marriage laws will have a much deeper impact on the United States than those of the Netherlands or Belgium. Of course, this is because Canada is our neighbor, but in addition, Canada has no residency requirements.
This means that residents of any country can go to Canada to get married. Since lesbian and gay couples in the US are denied the right to marry in their own country, many American couples will travel to Canada for their marriage licenses.
Will the US recognize same-sex marriages performed in Canada?
We cannot yet determine the ways in which Canada’s policy will change America and Americans. We do not know to what extent US courts will recognize lesbian and gay marriages.
Typically, the US recognizes foreign marriage licenses, and, conversely, US marriages are recognized abroad. However, US law may prevent recognition of foreign same-sex marriages.
In 1996, Congress passed the Defense of Marriage Act, which declares marriage to be a union between a man and a woman; so, our federal government refuses to recognize same-sex marriages. This means that all benefits and activities that are regulated by the federal government, such as immigration, social security, and income taxes, will not be extended to same-sex couples.
Most likely, a Canadian lesbian couple that decides to immigrate to the US will no longer be recognized as married.
Since immigration is within the jurisdiction of the federal government, it is probable that Canadian same-sex couples will lose their marriage rights if they immigrate to the United States.
At stake in the states
Thirteen states, including the densely-populated states of New York and Ohio, have not adopted their own version of the Defense of Marriage Act. These states are therefore more likely to recognize lesbian and gay marriages. In addition, Vermont, Hawaii, and Connecticut already grant benefits to same-sex partnerships and are expected to honor the Canadian marriage licenses.
Lesbian and gay marriage may become a state versus federal issue. Technically, marriage is regulated by the states, but the Defense of Marriage Act makes it clear that the federal government can control and standardize the institution of marriage as well.
Why Canada, why not US
Lesbian and gay marriage is becoming legal in Canada and not in the US for multiple reasons:
- Canada has a different philosophy behind its policy. Canada tends to take a hands-off approach when it comes to people’s personal life choices. Many Canadians hold the belief that government should not regulate its citizen’s private lives. Canada’s 1982 Charter of Rights and Freedoms brought this philosophy to life. Even representatives who are personally opposed to same-sex marriage have agreed to allow it. They claim that government must protect individual freedom and not impose moral judgments.
- Canada has a much weaker federal government. The Canadian provinces have greater power than the central government. In this case, courts in Ontario, Quebec and British Columbia have ruled current marriage laws discriminatory and therefore unconstitutional, forcing the federal government to change its policy.
- Although we are their powerful neighbors, Canada’s social policies tend to follow the example of progressive Scandinavian countries, not US policy.
- The Canadian people think same-sex marriage should be legally recognized. Polls show that Canadians are in favor of modifying marriage law to include lesbians and gays; polls show Americans are not.
Important details: religious freedom and the problem of divorce
The Canadian cabinet is also interested in protecting religious freedom. Therefore, it decided that religious institutions can refuse to conduct same-sex marriages.
Know before you go: Getting divorced will be much more difficult than getting married, and not just emotionally. Couples must be Canadian residents for one year before the country will grant a divorce.
An issue to watch
Lesbian and gay marriage and adoption of children are going to be on-going discussions in the coming weeks, months, and years. We will track the story as it unfolds. Return to Womenmatter for future updates.
Article Posted on: 6/20/2003
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