A few days before the June 17 announcement that Canada would
become the first nation outside of Europe to grant equal marriage
rights to gay men and lesbians, Beth Hayes and Pam Trainor of
Spencer, Ind., drove across the border to exchange vows. The
announcement came a week after a court in Ontario, where Hayes and
Trainor were headed, ruled that equal marriage rights had to be
granted in that province immediately.
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Upon arriving in Leamington, a small town of 26,000, the women
made a series of phone inquiries. After locating the local
Unitarian Universalist church and the Ontario provincial
government office that would issue them a marriage license, they
set a date. And on Friday, June 13, Hayes and Trainor became one
of the first American same-sex couples to be legally married.
Theirs was not a civil union, nor was it solely a symbolic church
ceremony. The act was a legal one and on completely equal
footing with the marriage of any heterosexual couple in Canada.
"We were so happy. It was a beautiful ceremony," says Hayes, a
Ph.D. candidate in Indiana University’s music department. "Here’s
a society where we’re equal. We think that’s phenomenal." Though
the wedding took place in Canada, the reverend conducting the
ceremony was an American expatriate, Christine Hillman, who now
lives in southern Ontario. "I was thrilled to conduct this
ceremony," Hillman says. "It felt like we were making history."
Indeed, they were. By getting married, Hayes and Trainor became
one of the first couples to take advantage of the June 10 decision
by the Ontario court of appeals. That decision was made permanent
that the Canadian government would not exercise its right to
appeal the ruling to the country’s supreme court. "There is
evolution in society," the prime minister said. By declining to
appeal, the Canadian government also agreed to extend equal
marriage rights nationwide, not just in Ontario—a process that has
already begun.
Building on previous decisions by courts in both Quebec and
British Columbia that favored equal marriage rights for same-sex
couples, the 61-page Ontario declaration was sweeping in its
ramifications. "Exclusion perpetuates the view that same-sex
relationships are less worthy of recognition than opposite-sex
relationships," the decision read.
The ruling makes Canada only the third country in the world—after
the Netherlands and Belgium—to legalize equal marriage rights for
gays and lesbians. But more important to its neighbors to the
south, Canada welcomes U.S. couples to marry. The Netherlands
requires that at least one member of a married couple be a
resident, and Belgium’s law does not offer full equality with
heterosexual couples.
But Wolfson warns that Canadian marriage licenses will most
likely not be recognized in the United States. In fact, the
federal government and 37 states already have laws prohibiting
recognition of marriages between same-sex couples, regardless of
where they are performed. "There are already a patchwork of
discriminatory laws in place that state quite clearly that
marriages [between two people of the same sex] will not be honored,"
Wolfson says.
On June 13, Freedom to Marry, the American Civil Liberties
Union, and Lambda Legal Defense and Education Fund issued a joint
statement in response to the Ontario court ruling. The groups
warned that while getting married seems like a great idea, "many [same-sex]
married couples will also experience discrimination…and couples
with a member in the military, or on public assistance, or in the
U.S. on a visa will face particular complexities. Couples must be
prepared to live with a level of uncertainty while we continue our
work to end marriage discrimination here."
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