Canada grants world's first same-sex divorce, page 1

posted on Sep, 14 2004 @ 01:40 PM

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Candaian courts have granted a divorce to a lesbian couple. In what is being claimed as the first gay/lesbian divorce it has come less than a year after Canada allowed same sex unions. The judge in making the decison found a portion of Canadas marital law unconstitutional.

story.news.yahoo.com
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.

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."

Please visit the link provided for the complete story.

Given that this may be the first case of divorce in a same sex union, it seems to have caused quite a stir. It will be intersting to see what the long term divorce rates will be by gay and lesbian couples. There is no reason to expect gays and lesbians to be any better or any worse that straight couples at marriage.

Related AboveTopSecret.com Discussion Threads:
Gay Marriage Amendment: Good Idea?

[edit on 8-10-2004 by ZeddicusZulZorander]

parrhesia

posted on Sep, 14 2004 @ 02:03 PM

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I don't mean to be picky, but you said, "it has come less than a year after Canada allowed same sex unions." However, as stated in the Yahoo article, this couple married June 18th, a week after equal marriage was legalized, which is well over a year.

Anyways, I think you're right: What reason is there to expect that gays and lesbians will do any better or any worse when it comes to marriage. When two people are living a life together, problems are bound to occur, and of course the outcome depends on how the couple deals with the problems.
Would it be going too far to say that with divorce being easily availible for the heterosexual couple, and perhaps now easily availible to the same-sex couple, that divorce is seen as an easy way out?

intrepid

posted on Sep, 14 2004 @ 02:11 PM

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I don't see this effecting the gay community at all. Divorce has become an accepted part of life. If they got married because of a political reason, gay rights, that's not a good basis for a union. Personally I'm on marriage #2.

FredT

posted on Sep, 14 2004 @ 02:32 PM

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Originally posted by intrepid
I don't see this effecting the gay community at all. Divorce has become an accepted part of life. If they got married because of a political reason, gay rights, that's not a good basis for a union. Personally I'm on marriage #2.

Intrepid, was there the same level of bruhaha in Canada as we had in the US over the issue, or was there alot less rancor over it?

intrepid

posted on Sep, 14 2004 @ 02:35 PM

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Originally posted by FredT
Intrepid, was there the same level of bruhaha in Canada as we had in the US over the issue, or was there alot less rancor over it?

A lot less ado here about gay rights. Exactly the opposite really. We seem to be much more tollerent of alternate lifestyles.

FredT

posted on Sep, 14 2004 @ 02:37 PM

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Originally posted by intrepid
A lot less ado here about gay rights. Exactly the opposite really. We seem to be much more tollerent of alternate lifestyles.

I live in the SF Bay Area, so we are clearly more neutral/left on most issues and SF is a major gay rights Mecca. Interesting none the less. I do wonder what all the opposition is all about?