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Thursday, September 16, 2004

CANADIAN SAME-SEX DIVORCE RULES STILL HAZY: From the Toronto Star

Now that an Ontario couple has been given Canada's first same-sex divorce, experts are divided over just how easy it will be for gays and lesbians in other provinces to end their marriages.

The women, known only as M.M. and J.H., were divorced on Monday by a Superior Court judge, who declared the definition of spouse in the federal Divorce Act unconstitutional. The law had defined spouse as a man or woman married to each other and prevented same-sex couples from divorcing. ...

But while Madam Justice Ruth Mesbur's ruling broke new ground, courts in other provinces are not bound by her decision, and same-sex couples outside Ontario might have to go through the same "legal hoops" as M.M. and J.H., Cossman said.

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