Canada Grapples with Same-Sex Divorce

The laws in Canada governing marriage are provincial laws, i.e., laws promulgated province by province. Canada's divorce law, though, is federal, applying equally in all the country's provinces and territories.

Three provinces and a territory allow for marriages between people of the same gender. The federal divorce law, however, applies only to marriages between a man and a woman.

A Toronto lesbian couple married in 2003 is seeking a divorce, reports the Toronto Globe and Mail

But the partners find themselves in a legal limbo. The federal government acknowledges that same-sex couples should be allowed to get divorced, but the divorce law still considers a married couple to be a man and a woman. ...

The couple signed a separation agreement in April that settled all matrimonial issues. All that remains to officially end the marriage is the divorce papers.

The stumbling block is the Divorce Act, which defines "spouse" as "of a man or woman who are married to each other." Although Ontario, British Columbia, Quebec and Yukon permit same-sex marriages, the federal government did not change the definition in the act.

The article details the dilemma before the government: give consent to the divorce, and therefore acknowledge that the law is unconstitutional, or have the judge hearing the divorce case rule whether the Divorce Act violates the Charter of Rights.

The sacred institution of divorce is in jeopardy in Canada. If same-sex divorce is allowed, how long will it be before we see man-dog divorce? Would your neighbor be free to divorce a box turtle???

(via BC Holmes)