Canada Gay Marriage Limbo: Prime Minister Stephen Harper Has No Intention Of Reopening National Debate Despite Report

Canadian Prime Minister Stephen Harper says his government has "no intention" of reopening the national debate on same-sex marriage after a lesbian couple's divorce case cast doubt on the legal status of thousands of couples who wed in Canada.

"We have no intention further of opening or reopening this issue," Harper is quoted by the Canadian Press as saying. "This, I gather, is a case before the courts where Canadian lawyers have taken particular positions based on the law. But I will be asking officials to provide me more details with this particular case."

Harper's comments came in response to a Globe and Mail report, which cited a Department of Justice document filed in a Toronto test case that stated a lesbian couple, who wed in Toronto in 2005, cannot file for divorce as they were never legally married. The document reportedly cited a Department of Justice lawyer who said the couple's marriage is not considered legal in Canada because they would not have been lawfully wed in Florida or England, their respective homes.

Of the estimated 15,000 same-sex marriages that have taken place in the country, approximately 5,000 have involved couples from the U.S. or other countries.

The women, whose names cannot be released under a court order, are identified only as professionals in their early 30s. Nonetheless, their lawyer slammed what the paper describes as the government's "about-face."

“It is appalling and outrageous that two levels of government would be taking this position without ever having raised it before, telling anybody it was an issue or doing anything pro-active about it,” Martha McCarthy, who played an instrumental role in Canada's fight to legalize same-sex marriage in 2005, said. “All the while, they were handing out licences to perform marriages across the country to non-resident people.”

Interim Liberal Leader Bob Rae echoed those sentiments. "The narrow interpretation of the law shows that the Harper government is trying to take away same sex rights by stealth, and Canadians need to know that the advances we thought were secure are now under threat from the Harper neo-conservatives," he told the Toronto Star.

UPDATE: Former Toronto mayor David Miller has joined the chorus of dissenting voices, calling the federal government's action "sneaky and underhanded" in an interview with The Globe and Mail. "I'm saddened and, as a Canadian who does a lot of work abroad, I'm very embarrassed," he said. "I was so proud to be the mayor of a city that had the first same sex marriages. It made a strong statement that everybody is welcome in our country."

View a slideshow of Twitter reactions to the story below:

Comments

[Exexecution]

08:27 PM on 02/07/2012

Harper wants to keep the gay debate on the down-low for now.

http://blogs.indiewire.com/thelostboy/the_rumored_lesbianism_of_laureen_harper_canadas_first_lady

[Kimberly Kelley]

04:34 PM on 01/31/2012

Gotta do your research! Canda requires you to live there a certain amount of time before filing for a divorce. You must be a resident. What is funny is even if they went to Connecticut, Iowa, Massachusetts, New Hampshire, New York or Vermont they would have been told the same thing although in the states the length of time you must reside in the state is less it is still required! Did you know in WI there is a penalty for those who enter into a marriage that's prohibited or declared void in Wisconsin of up to $10,000 and nine months in prison. If you are planning a same sex marriage, like I am, you have to do your research!!!

[campcranston]

07:12 PM on 01/31/2012

You too! Thanks for the input!

[Claudius II]

02:31 AM on 01/14/2012

Don't believe the hype, American's.

This is a question of legal jurisdiction. This is not Harper, or our current Conservative Government, trying to re-open the debate on gay-marriage.

Even though Harper is a Conservative, it's important to keep in mind that the word/definition of "Conservative" varies from country, to country.

Just because a Canadian Politician, or a citizen, calls him or herself a Conservative (like myself), does not mean we subscribe to the religious rhetoric of Santorum or any other evangelical, american.

[CanadaStan]

08:05 PM on 01/13/2012

So let me get this straight, two gays who don't want to be married find out they aren't actually married, and they are upset?
About what?

They don't want to be married, and it turns out they aren't married.
So now they want to sue.

Are they insane?

[princess333hd]

12:16 AM on 01/14/2012

lol so they are going to pay soooo much more money for lawyers now! Because even if they win this battle they will still have to get divorced! *sigh* I don't think people think about these things

[CanadaStan]

11:57 AM on 01/14/2012

They should get re-married, then they can get divorced!

[socraticus]

10:10 AM on 01/14/2012

I guess you wouldn't mind if you were to divorce your wife one day and then were told you cannot because you never were married? Did you even read the article?

[CanadaStan]

11:58 AM on 01/14/2012

Well if that happened I would take my concerns to the people who crafted the falwed law, not to anyone else.
I wouldn't blame it on someone who had nothing to do with it.

[William Muller]

01:17 PM on 01/13/2012

Evangelical Harper won't rest until our beloved Canada becomes a carbon copy of his "hero" example to the south.
He's already messing with Canada's single payer universal health care program.
He's cut staff at the unemployment offices so those "lazy bums" get tired of waiting for a cheque and apply at McDonalds.
Same sex marriage instituted by the former Liberal government always was a thorn in his eye and is now working on that.
Stay tuned. Lots more to come.
Good bye, caring loving Canada.

[CanadaStan]

08:06 PM on 01/13/2012

What exactly is the problem again?

Two people don't want to be married, and it turns out they aren't married, so now they are upset?
About what?
They don't want to be married, and it turns out they aren't married.

Shouldn't this make them happy?

[AudreyLee]

09:33 PM on 02/01/2012

This confuses me...I don't get it either..

[Claudius II]

02:19 AM on 01/14/2012

I stopped reading when you said "Evangelical Harper".

If you think Harper is a Evangelical... no comment...

[Exexecution]

08:29 PM on 02/07/2012

The Alliance Church, to which Harper has belonged for decades, believes Jesus Christ will return to Earth in an apocalypse, won't ordain women, strongly opposes abortion and divorce, condemns homosexuality as the most base of sins and believes those who aren't born-again are "lost."

[maxracer]

01:09 PM on 01/13/2012

This morning in a speech the Justice Minister made it unequivocally clear that all marriages are valid, that the gov't will fix the problem with the law and they will NOT re-open the debate on same-sex marriage. He said foreign same-sex couples married in Canada have nothing to be concerned about. Amazing that a Conservative government reacted so quickly and positively.

[gx5000]

11:05 AM on 01/13/2012

"is not considered legal in Canada because they would not have been lawfully wed in Florida or England, their respective homes."

lolwut ?

[RIGHTIZRIGHT]

11:15 AM on 01/13/2012

That's not Harper's statement, that's a legal eagle in the fed govt

[gx5000]

11:38 AM on 01/13/2012

Never said it was...

[umish]

10:27 AM on 01/13/2012

Hypocrites, liars and manipulators,..... I thought Canada was above that american nonsense and more humanistic... tsk tsk tsk what a shame...

[CanadaStan]

08:08 PM on 01/13/2012

Speaking of nonsense, what is the problem?

They don't want to be married, and they aren't married.
Isn't that exactly what they want?
To not be married?

What is the problem?

[socraticus]

10:12 AM on 01/14/2012

What is YOUR problem with comprehension. The issue is they never WERE married and THAT is a slap in the face.

[canadagirl76]

09:20 AM on 01/13/2012

I used to be so very proud of my country.

[truth be told again]

10:12 AM on 01/13/2012

Me too. But I was never proud of Harper. He's as much of a liar as Mulroney was/is.

[canadagirl76]

08:29 PM on 01/13/2012

I still can't believe he is my Prime Minister... I am waiting to wake up from this bad dream

[RIGHTIZRIGHT]

11:16 AM on 01/13/2012

you mean like Michelle Bammer?

[canadagirl76]

08:25 PM on 01/13/2012

If you are making reference to Michelle Obama, no. She said she was proud of her country for the first time in her adult life.
I, on the other hand, used to hold my country in such high regard. Recent events have made me second guess my life long beliefs that my country was a role model for the world.

[relentless63]

08:47 AM on 01/13/2012

Harper again kicks his neo-conservative football in the middle of the night when no –one can see the move, or hear the hallelujahs of religious fundamentalists who represent some small percentage of Canadian citizens. Canada has been the country admired for its intelligent acceptance of gay and lesbian citizens, their human rights and their right to marry. Governance and ownership are two different things. Harper has no right to turn Canada into an arm of the American Cons without this country’s consent.

[Claudius II]

02:21 AM on 01/14/2012

This current legal case has nothing to do with Harper, or the Conservative Government of Canada.

[relentless63]

08:20 AM on 01/14/2012

Right ... Harper is so well-known for not having a clue about what's going on around him.

[PrdAmerican]

03:47 AM on 01/13/2012

Sad day indeed. I married there in 2004....we chose to do this in Canada, one because it was a 'legal' marriage, something we could not get here in the US, and two, because we had just adopted two young girls and wanted to give them that sense of 'family'. So, Canada, in one day you've managed to upset not just me and my partner, but my two girls who are both completely incensed. As my youngest said today, "...so mom...the government can kill people (death penalty), kill a dog (long story), and now another government is saying they can un-marry you and mom just because?.....I hate government".

[relentless63]

08:53 AM on 01/13/2012

Sad, sad, sad. Canada was never a country known for secrecy and the unjust manipulation of laws regarding social policy ... until now. Sad, sad, sad. What a cowardly, unintelligent bunch.

[gx5000]

11:06 AM on 01/13/2012

"What a cowardly, unintelligent bunch"

Oh please, turn on F@X and try again.....

[gx5000]

02:05 PM on 01/13/2012

Yeah they modded your comment but I saw it.
Agreed, the fix is in and there's not much the average Canadian Citizen can do...
Glad you don't "F@X it"..

Cheers.

[kiddub]

02:18 PM on 01/13/2012

What does your Canadian marriage certificate give you but piece of mind. That's what I'm not getting here. Do you receive any additional rights or benefits because of your Canadian marriage? I mean I hope for the day when the US does allow two people who love each other to marry regardless of orientation, however, I don't understand how this ruling affects your current situation or relationship.

[PrdAmerican]

05:17 PM on 01/13/2012

As a family that travels to Canada quite frequently (we live just south of the border), being married there allows us the same rights as any married couple so that if, god forbid, something happens they would have had to recognize our marriage. Here in Washington, we have a domestic partner registration....however, there's a question on if Canada would accept that now. A marriage certificate, is more than just a piece of mind...it's a legal document that with it comes inherent rights, which is why we are fighting so hard to get that right....those laws help protect couples and families. My marriage certificate only works(ed) in Canada, but was just another protection...and I also believe that same certificate could be used in other countries as well that recognizes Canadian marriage.

[dudekabob]

02:43 AM on 01/13/2012

“All the while, they were handing out licences to perform marriages across the country to non-resident people.”

And, don't forget, collecting a licencing fee, which couldn't have actually been much. 'Course there's the travel, hotel, dining expenses, etc. that go along with any "vacation." I'm sure it was good for Canadian tourism. But, what some countries will do to make a buck! And,a Canadian buck at that, which, I understand, is worth more than the US variety at this moment.

[truth be told again]

10:15 AM on 01/13/2012

It hasn't been for about a month or so. If Obama changes his mind on the Keystone pipeline, that may well change back.

[trying2help]

11:51 PM on 01/12/2012

Simple- let gay couples divorce same as every one else. It depends on residence of divorce- if not residing in Canada- sad but there you go. If I reside in the USA- depends on where I live and state law. I Cali- or Hawaii- community property ;law takes effect. Other states have differing laws. You jusy have to deal with where you live.
if the couple does not live in Canada- too bad. If they have no laws governing their union- too bad. e do what we can but cannot be responsible for others laws.
It is where you are resident when you get divorced. Canada os pretty clear on that. Where did you get married? as it legal there? Not so big an issue if you are resident here,
Tempest in a teapot. Actually kudos to Harpers gov for not wanting to make this an issue. This can and should be settled sensibly by the courts, Let us not turn back the clock and refight battles won.

[jamster88]

02:06 AM on 01/13/2012

No, it's not that simple.

Canada is not in the business of marrying foreigners, then wading through their domestic and financial issues - especially when they are from a foreign land.

We simply should be marrying foreign couples.

[truth be told again]

10:20 AM on 01/13/2012

"Actually kudos to Harpers gov for not wanting to make this an issue."

Sorry, but attempting to evade the MUCH-deserved backlash for this outlandish putsch is NOT worthy of a "kudo".

"This can and should be settled sensibly by the courts"

"Can" and "should" being the operative words. Harper is NOT known for ever doing the right thing.

"Let us not turn back the clock and refight battles won."

Amen to that, but Harpo has his religious "base" to appease/appeal to. And I wouldn't put it past him. His words are very carefully chosen: "I have not INTENTION of re-opening the debate on same-sex marriage" doesn't mean he isn't GOING to, or that he might just leave it to his minions/MPs to do that dirty work for him. I do not trust him as far as I could throw him - and I'd like to throw him VERY far indeed.

[CanadaStan]

08:10 PM on 01/13/2012

Two people who were married don't want to be married and now they aren't.
What was the problem again?

They got exactly what they wanted, didn't they?

[CanadaStan]

11:34 PM on 01/12/2012

It's Harper's fault that gay marriage is illegal in Iran and elsewhere?

[gravescanada]

06:13 AM on 01/13/2012

No, its the Harper Governments fault for playing this stupid game with the law. Once again, very short, very lame statement Stan. People came to Canada and got married in good faith. Just as people go to Mexico, or Paris or any other destination. It is only the fact that they are a same sex couple that Canada is now balking, and its only because the Harper Government wants it to be an issue. But you keep your narrow, hateful stereotypical conservative view. I doubt you have the moral courage to ever consider your point of view wrong.

[kiddub]

02:22 PM on 01/13/2012

If you get married in Mexico, you still have to apply for a Canadian marriage license on your return or else its not legal. Your marriage, irrespective of where it takes place has to be recognized by the Canadian government in order for you to receive the benefits of the Canadian marriage act. The same with foreigners marrying here. You can get your marriage license, but its little more than a fancy polaroid. The divorce is as useless as the marriage, as when you return home after your marriage, nothing has changed in your relationship to government, and the same after you return from your divorce. Any divorce settlement reached over a Canadian marriage that was not recognized in the country of residence is meaningless and unenforceable.

[CanadaStan]

03:32 PM on 01/13/2012

No divorce unless you have lived in Canada for a year, how is that Harper's fault?

[relentless63]

08:57 AM on 01/13/2012

Harper seems to have difficulty accepting that gay marriage is legal in Canada. He finds it utterly impossible to amend laws so that they support this position, choosing instead to use the law to enact the letter, but not the spirit of those laws. Please don't burden him with Iran and elsewhere.

[CanadaStan]

03:33 PM on 01/13/2012

He had nothing to do with the law that states you must live in Canada for a year before you can get a divorce here.

Don't let hate rot the rest of your brain.