Canadian province OKs same-sex marriage

Tim Pelzer

Another victory for equal rights was won in the Canadian province 
of Saskatchewan on November 5 when a judge ordered the government 
to legalise same-sex marriage.

Justice Donna Wilson of the Court of Queen's Bench declared 
marriage to be the "lawful union of two persons to the exclusion 
of all others". Refusing a marriage licence to gay and lesbian 
couples would violate the Charter of Rights and Freedoms, she 
said. Both the provincial and federal governments did not oppose 
the judge's ruling. Five same-sex couples had launched the legal 
challenge.

Laurie Arron, director of EGALE, Canada's gay advocacy group, 
welcomed the court ruling. "Eighty-five percent of Canada's 
population now enjoys full marriage equality. Equal marriage 
diminishes no one. Canada is being strengthened by the inclusion 
of these loving, committed couples."

Saskatchewan becomes the seventh Canadian province to allow same-
sex marriage. Alberta, New Brunswick, Prince Edward Island, 
Newfoundland and the Northwest Territories are the only remaining 
provinces that retain discriminatory marriage laws.

Activists believe that governments will not oppose planned court 
challenges in these provinces and territories, with the exception 
of Alberta, which has passed legislation defining marriage as 
between a man and woman. Two gay couples last week filed a court 
action in Newfoundland, asserting that the province's ban on 
same-sex marriage violates their constitutional rights.

In related news, the New York State and Local Retirement System 
announced that it will treat American gay and lesbian couples 
married in Canada the same as opposite sex couples in respect to 
retirement benefits and obligations. The decision was 
communicated in a letter from the state comptroller to Mark 
Daigneault, a state employee. He asked in September how getting 
married in Canada would affect retirement benefits for him, his 
same-sex partner and their two children.

The comptroller told Daigneault, "Based on current law, the 
Retirement System will recognise a same-sex Canadian marriage in 
the same manner as an opposite-sex marriage, under the principle 
of comity. That principle has been legal practice pursuant to New 
York Court of Appeals rulings for many years."

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People's Weekly World