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Gay and Lesbian
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NOTE: On Friday, February 11th, 2000 the Government of Canada tabled the Modernization of Benefits and Obligations Act to ensure that common-law relationships (both opposite and same-sex) are treated equally under federal law. Check out the government's press release and Backgounder to see what they said they are intending to do and why.
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Proposed Legislative Changes: the Modernization of Benefits and Obligations Act
Canadian Newspaper Articles Dealing With Same Sex Issues
Proposed Legislative Changes: the Modernization of Benefits and Obligations Act
The price of equality - The Globe and Mail Saturday, March 18, 2000
Alberta bill bans same-sex marriages - The National Post Friday, March 17, 2000
Common-law relationships appear popular but more unstable: study -The National Post Friday, March 17, 2000
Gay-rights groups don't want equal treatment - National Post Saturday, March 11, 2000
Gay, heterosexual couples equal under law: Vermont court - The National Post Tuesday, December 21, 1999
American Gay News Reports
Proposed Modernization of Benefits and Obligations Act:
The Canadian Government introduced omnibus legislation on February 11th, 2000, to ensure that, in keeping with the Supreme Court of Canada decision in M. v. H. (May 1999), same-sex common-law couples have the same obligations and benefits as opposite-sex common-law couples. The legislation is designed to provide them with the same access as other Canadian couples to social benefits programs to which they have contributed. The legislation would extend benefits and obligations to same-sex common-law couples on the same basis as opposite-sex common-law couples.
Sixty-eight statutes involving some 20 departments are affected. Amendments will be made to statutes such as the Income Tax Act, the Canada Pension Plan, the Criminal Code and the Old Age Security Act.
The proposed legislation maintains the clear distinction between married and unmarried relationships and, wherever possible, uses neutral terms and language to define relationships and the partners in them. The term "spouse" refers to married couples only, and the term "common-law partner" encompasses people in common-law relationships, both same-sex and opposite-sex. The definition of marriage has not changed. The Government made it clear that it has no intention of changing the legal definition of marriage. Although a few European countries have limited recognition of same-sex relationships, a clear distinction is maintained in the law between marriage and same-sex partnerships.
FLC Case Comments
These are papers delivered by a variety of well known family law Professors,
articles and case comments available through the Cases
and Comments section of the FLC site. Obviously, these all deal with the
law as it is in Canada. The situation in the United States of America is different
and the comments here should not be relied upon in the American situation, just
as American comments about the legal status of same sex and gay couples in their
country should not be relied upon in Canada.
Alternatives For Extending Spousal Support
in Canada
By Prof. Nick Bala
This paper reviews the history of the current Canadian situation and considers various alternatives. Charter litigation and the advocacy of gays and lesbians is forcing Canadian lawmakers to deal with issues related to the regulation and support of domestic relationships, and in particular to consider how to extend legal recognition to same sex relationships. Prof. Bala believes that a legislative response would be preferable in terms of consistency, fairness and expense. There is a substantial financial and psychological burden placed on those who make individual Charter based claims, and, as recognized by the Supreme Court of Canada in M v. H, the courts are not well structured as institutions for developing coherent legal regimes to deal with the myriad of issues that arise. The regulation and support of same sex relationships, and other domestic relationships, requires some combination of marriage, contract, and ascription. There may also be a role for the enactment of registered domestic partnership (RDP) legislation. This paper identifies and comments on some issues that lawmakers will need to address as they consider alternatives and respond to the challenge posed by M. v. H. to extend the concept of "spouse."
Intimate Relationships In The New Millennium: The
Assumption of Marriage and Cohabitation?
By Prof. Winnifred Holland
This paper was delivered by Professor Holland at the Conference, "Domestic Partnerships", held at Queen's University, Kingston on October 21st- 23rd, 1999, and focusses on one option for reform: "the Cohabitation Model" Professor Holland suggests that marriage is far from being a static institution and it has gone through extensive changes during the past 30 years and asks if further changes are required. She argues that the most pressing issue facing us is the nature and function of marriage itself and that it is vitally important that we address the discriminatory impact of the capacity rules on same-sex partners. In the absence of such reform Prof. Holland believes it is difficult to equate opposite sex and same sex cohabitation based on autonomous choice and explores several reform options of which the two basic choices are "the Cohabitation Model" involving a further extension of rights and obligations to cohabitants based on a status deemed to arise on the basis of cohabitation, and the "Contract Model", which would require express agreement of the parties.
Representing Gay and Lesbian Clients in Family Law
By Kelly D. Jordan
Kelly Jordan is a practitioner with experience in representing gay and lesbian couples and has identified a number of practical concerns to be kept in mind when you are in that situation.
Same Sex Partners Now Get "Spousal Support" in
Ontario - M v. H Comment, Decision and News Reports
By Joel Miller
This is has the headnote and access to the full decision of the landmark SCC decision forcing Ontario to change its legislation to afford same sex couples the same rights to spousal support as couples in common law relationships.
The Supreme Court of Canada's Head Note in the Vriend v. Alberta case
The title says it all. From here yo can access the full decision. In this case the SCC read the words "sexual orientation" into Alberta's Individual's Rights Protection Act (IRPA).
Canadian Sites:
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MacMillan
Binch's M. v. H. collection of items
Martha McCarthy of MacMillan Binch represented M. in M. v. H. and her firm's site has a fabulous collection of material regarding that case. You can see a copy of the Supreme Court of Canada factum on behalf of M. , read a most informative paper from Kathleen Lahey, Professor of Law, Queen's University titled Ontario Bill 5: Fact and Fiction which casts strong doubt on the Ontario Government's legislative response to the Supreme Court's requirements, various "Backgrounders" as well as numerous news reports about the case and the plan to ask the SCC for a rehearing to consider whether Bill 5 meets its requirements and a statement from M, herself.
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The
Law Commission of Canada paper: Marriage and Marriage-like Relationships
This site has a number of papers posted. Amongst them is the one: Marriage and Marriage-like Relationships by Dr. Martha Bailey, Assistant Professor, Faculty of Law, Queenís University. Prof. Bailey argues that the provinces and the federal government, which share legislative authority in relation to marriage and marriage-like relationships, should resume responsibility in this area rather than leaving to the courts and that, at the least, laws that are patently vulnerable to a successful challenge under the Canadian Charter of Rights and Freedoms should be amended to bring them into line with Charter values. The test for extending marital rights and obligations to cohabiting couples varies from jurisdiction to jurisdiction, and within each jurisdiction according to the purpose of the legislation. Legislators should review the various tests to ensure that they express a coherent policy. Further extension of marital rights and obligations on the basis of cohabitation would avoid many Charter challenges but may be inconsistent with generally held values and legitimate state objectives.
This site has all sorts of resources for the Canadian community including a listing of the numerous chapters of Parents and Friends of Lesbians and Gays throughout the country.
American Sites:
Keep in mind that the American situation exists under different laws and procedures. While the legal circumstances are different, the basic questions are the same and the quest for full recognition without regard to sexual orientation is identical. Many of the comments and concerns expressed in American sites are common to the gay and lesbian community in Canada. Indeed, some of the concepts and principles outlined in the various Canadian legal papers referred to above may be of value to Americans. Keeping the distinctions in mind, you may find some of these sites to be of value.
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Partners Task Force for Gay
& Lesbian Couples
What a terrific site this is! Full and informative on many, many issues of concern to the gay and lesbian community. It describes itself as "A national resource supporting the diverse community of committed gay and lesbian partners through a variety of media." And it does just that. It has sections devoted to Legal Marriage Issues, Legal Marriage Data, Domestic Partnership, Legal Necessities, Relationship Tips, Parenting, and Resource Lists, amongst others. While there are a lot of gay and lesbian sites available, this is surely one of the top ones.
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Lesbian, Gay, and Bisexual
Catholic Handbook
A huge site dealing with the touchy subject of organized religion and the gay community. This site is an attempt to organize and present a great deal of information, discussion, and argumentation that will be helpful to lesbian, gay, and bisexual Catholics but is of value to people of other faiths as well. It is divided into 12 "Chapters" with a very large selection of links and has People with a History which presents the history of lesbians, gay men, bisexuals and transgendered people with hundreds of original texts and discussions addressing lesbian, gay, bisexual and transsexual history in all periods and in all regions of the world.
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Beverly's Home
Page
I found the background disconcerting and some of the material propagandistic but this is a fun site with all kinds of information but not much of a legal nature. As Beverly says up front: "WARNING! You are now entering into lesbian space. If you have a problem with that, please leave NOW! Everyone else, please come on in and enjoy your visit!" To let straight people get an idea of what it feels like to be gay you can try the Heterosexual Questionnaire (Is it possible that your heterosexuality is just a phase you may grow out of? If you've never slept with a person of the same sex, how do you know that you wouldn't prefer that? If heterosexuality is normal, why are a disproportionate number of mental patients heterosexual? etc.) or the Gay For A Day programme. Beverly's site has a great set of links on a wide ranging group of topics.
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Gay Marriage:The Arguments
and the Motives
This site attempts to put forth both sides of the case. Although it clearly is an argument in favour of Gay Marriage, the site raises many of the most commonarguments agains the idea and analyses them thoughtfully. As the author says: "Many of the reasons offered for opposing gay marriage are based on the assumption that gays have a choice in who they can feel attracted to, and the reality is quite different. Many people actually believe that gays could simply choose to be heterosexual if they wished. But the reality is that very few do have a choice -- any more than very few heterosexuals could choose which sex to find themselves attracted to. Additionally, many people continue to believe that homosexuality is about nothing but sex, considering it to be merely a sexual perversion. The reality is that homosexuality is multidimensional, and is much more about love and affection than it is about sex. And this is what gay relationships are based on -- mutual attraction, love and affection. Sex is a means of expressing that love, just the same as it is for heterosexuals. Being gay is much more profound than simply a sexual relationship; being gay is part of that person's core indentity, and goes right the very center of his being. It's like being black in a society of whites, or a blonde European in a nation of black-haired Asians. Yes, being gay is just that profound to the person who is. This is something that few heterosexuals can understand unless they are a minority themselves."
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Nolo.com's
Lesbian and Gay Couple's Articles and Q&A Section
Nolo has been publishing American legal material and information for about 30 years and their website contains a wealth of information on all sorts of law. This link is to a series of articles and Q&A's they have on Lesbian and Gay issues as part of their section on Marriage & Living Together. Good material.
Please submit any information regarding other gay and lesbian issues sites which you think should be added to this Directory. Thanks. Joel Miller
One of the most notable things about the Internet is how often sites you really like disappear. Everyone of the sites referred to above was operational and accessible at the time it was reviewed - but there is no guarantee it's still there. If you tried to click onto a site and had difficulty, please send us an e-mail so we can look into it. Thanks, Joel Miller
