Same-sex marriage in Alberta: Difference between revisions

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Same-sex marriage in Alberta: The province of Alberta does not currently issue marriage licences to same-sex couples. However, a couple filed a lawsuit in the spring of 2005, seeking a court order in favour of same-sex marriage.

The position of Alberta Premier Ralph Klein and the conservative government is to attempt to block same-sex marriages in Alberta should a court case require it or pending federal legislation pass it nationwide. During the 2004 provincial election campaign, Premier Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans tell him they want it. [1]

On March 16, 2000, the provincial government passed Bill 202, which amended the provincial Marriage Act to include an opposite-sex only definition of marriage. The Bill also included in the Act the Canadian Charter of Rights and Freedoms' Notwithstanding Clause. This insulates the Marriage Act from any legal challenge based on violation of Charter rights, including the section 15 equality guarantees.

While the Act can not be challenged under the Charter, some have argued the definition of marriage which it includes is outside the power of the provincial government, or ultra vires, and therefore invalid. The Constitution Act, 1867 is universally interpreted as giving provinces jurisdiction over only the solemnization of marriage, while all other aspects, including capacity to marry, are under federal jurisdiction. At the time Bill 202 was passed, Justice Minister David Hancock did not support it, saying, "In terms of legal effect, I'm convinced it doesn't have any." Hancock subsequently stated that he believes the Act to be constitutionally valid and that Alberta will attempt to uphold it. Following the December 9 2004 Supreme Court response to the federal refence of same-sex marriage, Hancock's replacement, Ron Stevens, conceded that the Bill 202 amendments to the Marriage Act would likely be struck down as unconstitutional on account of its encroachment into what has now been explicitly ruled a matter of federal jurisdiction.

Alberta has historically been Canada's most conservative province on social and religious matters, although some the recent EKOS/CBC poll indicates that attitudes towards same-sex marriage may be more supportive in Alberta then they are in the provinces of Manitoba and Saskatchewan, both of which already recognize same-sex marriage.[2]

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[kon-2] Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[3] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[4] Neither performed nor recognized in six British Overseas Territories.

[usa-5] Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

[israel-6] Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-7] The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.

[8] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[9] Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.

[10] Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[11] Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[12] Some cities and prefectures issue partnership certificates, but they are not legally binding.

[13] Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.

[14] Hospital visitation rights through a "legal representative" status.

[notyet-1] Not yet in effect.

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 The province of [[Alberta]] does not currently issue marriage licences to same-sex couples. However, a couple filed a lawsuit in the spring of 2005, seeking a court order in favour of same-sex marriage.
-The position of [[Alberta]]n [[Premier of Alberta|Premier]] [[Ralph Klein]] and the [[Alberta Progressive Conservatives|conservative government]] is to attempt to block same-sex marriages in Alberta should a court case require it or pending federal legislation pass it nationwide.  During the [[Alberta general election, 2004|2004 provincial election campaign]], Premier Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans tell him they want it. [http://cnews.canoe.ca/CNEWS/Canada/2004/11/10/708976-cp.html]
+The position of [[Alberta]] [[Premier of Alberta|Premier]] [[Ralph Klein]] and the [[Alberta Progressive Conservatives|conservative government]] is to attempt to block same-sex marriages in Alberta should a court case require it or pending federal legislation pass it nationwide.  During the [[Alberta general election, 2004|2004 provincial election campaign]], Premier Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans tell him they want it. [http://cnews.canoe.ca/CNEWS/Canada/2004/11/10/708976-cp.html]
 On [[March 16]], [[2000 in Canada|2000]], the provincial government passed Bill 202, which amended the provincial Marriage Act to include an opposite-sex only definition of marriage.  The Bill also included in the Act the [[Canadian Charter of Rights and Freedoms]]' [[Notwithstanding Clause]].  This insulates the Marriage Act from any legal challenge based on violation of Charter rights, including the section 15 equality guarantees.