Post #5- Love as a Diversity Issue

Link to article: Ottawa tables legislation to ensure foreign gay marriages recognized

Ottawa tables legislation to ensure foreign gay marriages recognized
By: Tobi Cohen

I am not sure what the irony behind timing with this law is, but it seems a bit peculiar to me.
I remember I read an article a number of years ago about how a lesbian couple, one from Florida and the other from the UK, wanted to get married. Like most same-sex couples living in America who want to tie the knot legally, they headed to Canada. However, when the relationship didn’t turn out as expected, the couple were unable to divorce because Canada has a law that requires married couples who want to divorce in Canada, to live here for at least one year. 

Same-sex couple Heather Gass and Lisa Lachange in 2003 

Recently, and a few days before Valentine’s Day, I read an article pertaining to this problem once again. This article explained that, finally, the government was considering altering the law so these foreign couples weren’t legally trapped in their marriages.

In 2003 Liberal politician Paul Martin was sworn in as Prime Minister of Canada. In 2004, same-sex marriage became legal in Canada. This new law however didn’t seem to have all the kinks worked out for foreigners since one-year residency was required for divorce. Matrimonial lawyer, Rain Henderson, claimed the marriage application forms indicated that you cannot marry family members, and “it doesn’t say be cautious, because you might not be able to get divorced,” she said, “marriage application forms should include a new warning for same-sex couples,”(Henderson, 2009). Today however, there is a glimmer of hope for this loophole to be fixed.

The government tabled legislation today to amend the Civil Marriage Act, which would allow foreign same-sex couples to divorce in Canada. (Since most likely their home countries do not allow it). NDP representative Jack Harris encourages this legislation. Harris expressed concerns about a clause that required both spouses to reside in a jurisdiction that doesn’t recognize that they are married. According to National Post reporter Tobi Cohen, Harris said, “When heterosexuals seek a divorce, only one applicant must reside in the jurisdiction in which they are seeing the dissolution… Obviously, we need to study this in some detail,” (Cohen, 2012).

There are many controversies with the lesbian couple and the story had made several international headlines. Especially since when same-sex marriage was legalized in Canada it was often advertised to foreigners that it was the place to be to say your “I dos.”

Same-sex cake toppers

According to CTV reporter Sonja Puzic “Egale Canada, a human rights organization advocating equality for lesbian, gay, bisexual and transgender communities, called the apparent flip-flop ‘a direct insult to gays and lesbians both in Canada and abroad’,” (Puzic, 2012).

As someone who has read the story and followed it from day 1, I am shocked to find that only today are considerations being made to change the law for these couples. Although a couple is able to get married, they should be able to get divorced! What I find most surprising is that as North American’s living in the 21 century I find that we often pride ourselves on equality, yet the law seems so out-dated. Today, what we see is more emphasis on living and loving whoever you want, but our legal system does not reflect that.

Everyone should have the right to get married, and divorced. Whether they want to or not, it should be an option they can choose if it's an option for the rest of the population. 

References

CBC News (2012, September 25). Gay U.S. couples can’t get divorces for Canadian marriages. Retrieved February 17, 2012, from http://www.cbc.ca/news/canada/british-columbia/story/2009/09/25/bc-gay-couples-divorce-canada-marriage.html

Cohen, T. (2012, February 17). Ottawa tables legislation to ensure foreign gay marriages recognized. National Post. Retrieved from http://news.nationalpost.com/2012/02/17/ottawa-tables-legislation-to-ensure-foreign-gay-marriages-recognized/

Sonja, P. (2012, January 12). Ottawa to explore same-sex divorce options. CTV News. Retrieved from http://www.ctv.ca/CTVNews/TopStories/20120112/harper-same-sex-marriage-debate-questions-120112/