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Canada grants world's first same-sex divorce
Tue Sep 14, 4:06 AM ET
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TORONTO (AFP) - A court in Canada has granted what is believed to be the world's first same sex divorce to a lesbian couple, barely a year after the country gave the green light for gays and lesbians to wed.
AFP/File Photo
A landmark ruling Monday by Judge Ruth Mesbur of the Ontario Supreme Court found that the definition of a spouse in the country's marital laws was unconstitutional.
Canadian law currently specifies that only a couple, defined as a man and a woman may seek divorce.
The two women, who were not identified in court documents other than as "M.M." and "J.H." tied the knot on June 18, 2003, a week after Ontario's court of Appeal cleared the way for gay marriage in Canada's most populous province.
"The definition of a spouse is unconstitutional, inoperative and of no force and effect," Mesbur said in her decision.
Martha McCarthy, who represented one of the women, said "we believe that this is not just the first gay or lesbian divorce in Canada, but actually the first gay or lesbian divorce in the world."
Canada has emerged as one of the most liberal nations regarding civil same-sex marriage, which is permitted in three provinces, Ontario, Quebec and British Columbia.
The federal government has asked the Supreme Court to rule on whether the definition of marriage as a union between a man and a woman violates Canada's Charter of Rights and Freedoms.
A ruling is not expected until October, and Judge Mesbur refused to delay the case until then.
sure you'll like PL
Canada grants world's first same-sex divorce
Tue Sep 14, 4:06 AM ET
Add World - AFP to My Yahoo! TORONTO (AFP) - A court in Canada has granted what is believed to be the world's first same sex divorce to a lesbian couple, barely a year after the country gave the green light for gays and lesbians to wed.
AFP/File Photo
A landmark ruling Monday by Judge Ruth Mesbur of the Ontario Supreme Court found that the definition of a spouse in the country's marital laws was unconstitutional.
Canadian law currently specifies that only a couple, defined as a man and a woman may seek divorce.
The two women, who were not identified in court documents other than as "M.M." and "J.H." tied the knot on June 18, 2003, a week after Ontario's court of Appeal cleared the way for gay marriage in Canada's most populous province.
"The definition of a spouse is unconstitutional, inoperative and of no force and effect," Mesbur said in her decision.
Martha McCarthy, who represented one of the women, said "we believe that this is not just the first gay or lesbian divorce in Canada, but actually the first gay or lesbian divorce in the world."
Canada has emerged as one of the most liberal nations regarding civil same-sex marriage, which is permitted in three provinces, Ontario, Quebec and British Columbia.
The federal government has asked the Supreme Court to rule on whether the definition of marriage as a union between a man and a woman violates Canada's Charter of Rights and Freedoms.
A ruling is not expected until October, and Judge Mesbur refused to delay the case until then.
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