Same-sex marriage in Nova Scotia

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See also: Domestic partnership in Nova Scotia

Same-sex marriage in Nova Scotia began issuing marriage licences to same-sex couples immediately following a September 24, 2004 court ruling.

Background

Same-sex marriage in Nova Scotia dates from August 13, 2004, when three couples in Nova Scotia brought the suit Boutilier et al. v. Canada (A.G) and Nova Scotia (A.G) against the provincial and federal governments requesting that it issue same-sex marriage licences.[1][2]

The partners who brought suit were:

  • Brian Mombourquette and Ross Boutelier
  • Kim Vance and Samantha Meehan, (married in Toronto in 2003 and seeking recognition of the marriage at home in Nova Scotia)
  • Ron and Bryan Garnett-Doucette.

The couples were represented by Halifax lawyer Sean Foreman of Wickwire Holm.

Court ruling

On September 24, 2004, Justice Heather Robertson of the Nova Scotia Supreme Court ruled that banning such marriages was unconstitutional and ordered the province to recognize same-sex unions.[3]

Neither the federal nor the provincial governments opposed the ruling, continuing the trend set with the Yukon and Manitoba rulings. The Nova Scotia justice minister said, "We certainly did not want to waste taxpayers' money." However, Premier John Hamm did not say whether he supports same-sex marriage.

An odd proviso to the post-ruling status was that, until a formal change of the provincial Solemnization of Marriage Act, the Minister of Justice still required the terms "husband and wife" to be used by Justices of the Peace in any wedding. This stance by the Justice Department was categorized by some as heterosexist. Shortly afterwards, following warnings of further legal action by the couples' lawyer, the policy was changed to remove that requirement.[4]

References

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  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.

External links

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