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Metropolis Reality Forums « Canada Grants First Same Sex Divorce »

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david
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Canada Grants First Same Sex Divorce
« on: Sep 14th, 2004, 12:34pm »		 Quote Quote Modify Modify Remove Remove
Canada grants world's first same-sex divorce
 
Tue Sep 14, 4:06 AM ET  Add World - AFP to My Yahoo!  
 
 
 
TORONTO (AFP) - A court in Canada has granted what is believed to be the world's first same sex divorce to a lesbian couple, barely a year after the country gave the green light for gays and lesbians to wed.  
 
 
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A landmark ruling Monday by Judge Ruth Mesbur of the Ontario Supreme Court found that the definition of a spouse in the country's marital laws was unconstitutional.  
 
 
Canadian law currently specifies that only a couple, defined as a man and a woman may seek divorce.  
 
 
The two women, who were not identified in court documents other than as "M.M." and "J.H." tied the knot on June 18, 2003, a week after Ontario's court of Appeal cleared the way for gay marriage in Canada's most populous province.  
 
 
"The definition of a spouse is unconstitutional, inoperative and of no force and effect," Mesbur said in her decision.  
 
 
Martha McCarthy, who represented one of the women, said "we believe that this is not just the first gay or lesbian divorce in Canada, but actually the first gay or lesbian divorce in the world."  
 
 
Canada has emerged as one of the most liberal nations regarding civil same-sex marriage, which is permitted in three provinces, Ontario, Quebec and British Columbia.  
 
 
The federal government has asked the Supreme Court to rule on whether the definition of marriage as a union between a man and a woman violates Canada's Charter of Rights and Freedoms.  
 
 
A ruling is not expected until October, and Judge Mesbur refused to delay the case until then.  
 
 
 
 
 
 
 
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Rhune
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Re: Canada Grants First Same Sex Divorce
« Reply #1 on: Sep 14th, 2004, 1:37pm »		 Quote Quote Modify Modify
Ahh well, divorce happens to the best of us.
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Insane 4 Survivor
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Re: Canada Grants First Same Sex Divorce
« Reply #2 on: Sep 14th, 2004, 2:39pm »		 Quote Quote Modify Modify
on Sep 14th, 2004, 1:37pm, Rhune wrote:
Ahh well, divorce happens to the best of us.

That's true Rhune, but I think that it's safe to say that the divorce rate is nowhere near the standard 50%. Cheesy
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Re: Canada Grants First Same Sex Divorce
« Reply #3 on: Sep 14th, 2004, 2:45pm »		 Quote Quote Modify Modify
Not yet, anyway Roll Eyes
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david
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Re: Canada Grants First Same Sex Divorce
« Reply #4 on: Sep 14th, 2004, 3:31pm »		 Quote Quote Modify Modify Remove Remove
I recall reading some years ago that the rate of infidelity among same sex couples is double that of hetrosexuals which would mean Divorce rate for same sex couples will nearly double traditional marriages
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Rhune
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Re: Canada Grants First Same Sex Divorce
« Reply #5 on: Sep 14th, 2004, 5:37pm »		 Quote Quote Modify Modify
I would double check those figures.  My understanding was that the rate of infidelity is higher in male same sex couples, but considerably less in female same sex couples, and that in a large part infidelity is more accepted in the male gay community, so not necessarily something that may cause more divorce.  It will be interesting to ultimately see what the figures are several years down the road.
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david
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Re: Canada Grants First Same Sex Divorce
« Reply #6 on: Sep 14th, 2004, 5:39pm »		 Quote Quote Modify Modify Remove Remove
Its been a while since I read that and that could very well be true
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