When Was Same-Sex Divorce Legalized?

The tale of marriage and divorce in Canada isn’t entirely focused on the experiences of heterosexual couples. Any union between two people, including same-sex marriages, is recognized as a legitimate union in Canada. Despite the fact that Canada was one of the first five countries to legalize same-sex marriage and divorce, the country’s journey to legalizing gay marriage and divorce is relatively new. This sociological and historical route to the legalization of same-sex marriage reveals how society views and reacts to marriage in general. Furthermore, despite the legal acceptance of homosexual marriage and divorce, same-sex couples still confront numerous societal and legal hurdles today. Understanding the history and current situation of marriage in Canada allows one to recognize that everyone, regardless of sexual orientation or identity, has the right to marry or divorce.

Although Canada’s history of same-sex marriage contains certain similarities with that of many other countries, its route to decriminalization and legalization of same-sex unions is culturally much more progressive than others. Same-sex sexual conduct was decriminalized in 1969, indicating to the rest of the world that the country’s Criminal Code did not apply to its inhabitants’ private acts. Sexual activity between persons of the same sex is still considered a crime in many countries today, which is one of the key factors that prevent even the thought of legal unions between gay couples.

The progressive move toward decriminalization in Canada demonstrated that gay couples were not involved in risky or harmful activities that threatened the country’s well-being. It established that homosexuality was not a criminal in the end. As a result of the government’s political and legal support for same-sex couples and their freedom to engage in private activities, the country experienced a sociological and historical transition. However, it became clear that, while the decriminalization of homosexuality provided substantial liberties to all persons regardless of sexual orientation or identity, much more needed to be done to reduce the societal stigma and problems that same-sex couples experience.

Even after homosexuality and same-sex sexual acts were decriminalized, discrimination against the LGBTQ community persisted. Due to a lack of anti-discrimination regulations that would protect same-sex couples and the LGBTQ community from unjust treatment, the government ultimately perpetuated the underlying bigotry. The community was forced to campaign for legal change once more as a result of this. As a result, the Quebec Charter of Human Rights was successfully revised in 1977, prohibiting all forms of discrimination based on sexual orientation.

But it didn’t end there; in 1982, the charter was updated to prohibit any forms of harassment based on sexual orientation or identity. Quebec’s tremendous progress against discrimination against same-sex couples had a favourable impact on the rest of the country. The Canadian Human Rights Act (CHRA) was also updated in 1996 to ensure that all people, regardless of sexual orientation or identity, have equal rights and opportunities. This substantially altered the popular perception of same-sex couples, as LGBTQ people were now legally protected from discrimination and unequal treatment under the CHRA.

Even though there were laws preventing discrimination based on sexual orientation, same-sex couples were nonetheless restricted because their weddings and divorces were not legally recognized by the federal government.

This raises the question of when same-sex marriage became legal in Canada. Since long before the 1990s, gay couples and other members of the LGBTQ community have been striving for recognition and legitimacy. Many provinces and regions of Canada appear to have been more progressive than others. This all changed dramatically in July 2005, when Canada passed the Civil Marriage Act, making same-sex marriage and divorce lawful across the country. However, understanding the relevance of Halpern v. Canada is critical to understanding how Canada as a culture proceeded to the final nationwide legal acceptance of gay marriage and divorce.

After the Ontario Court of Appeal found that marriage could not be defined solely as legitimate partnerships between heterosexual couples, which would violate the Canadian Charter of Rights and Freedoms, same-sex marriages became legal in June of 2003. Many people thought that the Halpern V. Canada judgement would immediately legalize homosexual marriage across the country, but the Court of Appeal for Ontario’s jurisdiction couldn’t override federal law. However, the historic change brought about by this decision sparked significant change in Canadian society in terms of same-sex marriage and divorce, as it paved the way for other Canadian jurisdictions to rule in favour of same-sex marriages rather than against them, eventually leading to the legalization of gay marriage across the country.

The history of same-sex marriage in Canada indicates that anyone can marry and divorce, regardless of sexual orientation or identity. The expansion of legal partnerships to include not just opposite-sex couples but also same-sex couples alleviated a lot of prejudice and uneven treatment. That isn’t to imply that same-sex couples aren’t facing significant difficulties right now. In legal terms, the discourse around LGBTQ people now is far more positive than it was in the late 1900s. Despite this, regulations that discriminate against same-sex couples and LGBTQ people have existed until recently. Even though homosexual marriage and divorce have been legally recognized for years, this eventually reinforced discriminatory behaviours and discrimination against same-sex couples.

Consensual sexual activity regulations, which enforced tight standards pertaining to same-sex sexual activity – but practically all of these requirements exempted weddings between a husband and a wife – were one of the greatest obstacles that prevented the legitimization of same-sex marriages. This infuriated many same-sex couples, who asked that they be treated equally to opposite-sex couples. Due to a bill introduced by the Liberal Government repealing section 159 of the Criminal Code, gay marriages were not compared to the same legal status as opposite-sex couples until November of 2016. A year later, Prime Minister Justin Trudeau spoke out against the legislation that discriminated against same-sex couples and fostered prejudice, apologizing on behalf of the government and Parliament for the maltreatment of the LGBTQ community. As a result, any consensual behaviour, whether between same-sex or opposite-sex couples, will be treated equally under the law as of June 2019.

Even while the public’s perception of same-sex marriage has shifted dramatically as a result of the law, it’s difficult to say how much has changed in the public’s perception. Unfortunately, the LGBTQ community has a long history of marginalization and prejudice. This discrimination and persecution of LGBTQ people necessitates that all institutions repeal its anti-same-sex legislation and rules in order to promote equality for all unions and separations, regardless of sexual orientation or identity.