CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
Less than 24 hours after a lesbian couple's divorce petition became public, the federal government in Canada issued a statement backing divorce rights for same-sex couples, reports the Toronto Star. The justice department conceded that denying gay and lesbian couples the right to divorce by excluding them from the definition of spouse in Canada's Divorce Act is unconstitutional. "I guess [the federal officials] didn't want to be under fire," Martha McCarthy, a Toronto family lawyer representing the petitioner, M.M., told the Star. She was notified of Ottawa's position in writing Wednesday, after the Star reported that M.M. and J.H., the respondents in the case, have asked Ontario's superior court of justice to grant them a divorce, reported to be the first since Ontario allowed gay marriage in June 2003. According the the Star, McCarthy, who has been at the forefront of litigation involving same-sex couples, said it's the first time she's seen the federal government, in a contested court proceeding, admit one of its laws violates the equality rights of gays and lesbians. The women, whose identities are protected by a court order, were married June 18, 2003, but they separated five days later, bringing to an end their relationship of more than five years, said Julie Hannaford, a lawyer representing J.H. Although both parties want a divorce, that's still not an option for same-sex couples in Canada. The Divorce Act restricts the definition of spouse to "a man or woman who are married to each other." In conjunction with the divorce petition, the couple launched a constitutional challenge to the law, saying the definition violates gays' and lesbians' equality rights under the Charter of Rights. In its material, which was served on McCarthy in response to the constitutional challenge, the government on Wednesday conceded that the definition of spouse is unconstitutional and that it should be declared as such by a court and a remedy provided, she said. The government also suggested a court might want to allow those opposed to giving marriage and divorce rights to gays and lesbians to have a voice in the court proceedings, McCarthy added. "I can tell you, we will be resisting that suggestion," she said. Legal arguments are set to begin on the case on September 13.
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
Meet all 37 of the queer women in this season's WNBA
April 17 2024 11:24 AM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: Advocate Channel
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Latest Stories
Black trans woman África Parrilla García shot to death in Puerto Rico
April 18 2024 4:55 PM
Marjorie Taylor Greene has sunk so low even Fox News can't stand her anymore
April 18 2024 4:04 PM
Single lesbians are avoided by straight women, but not straight men. Here's why.
April 18 2024 3:18 PM
The LGBTQ+ movie fan's guide to the 2024 TCM Classic Film Festival
April 18 2024 2:44 PM
The federal government failed on mpox. Ritchie Torres's new bill addresses that (exclusive)
April 18 2024 1:21 PM
True
In the face of tweets and turmoil, why I left the South as a medical student
April 18 2024 7:30 AM
Trans man Tee Arnold shot to death in Florida
April 17 2024 4:41 PM
Can scientific research on the causes of homosexuality be used against LGBTQ+ people?
April 17 2024 4:02 PM