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发帖数: 15215 | 1 Canada says marriages of foreign gays invalid
By David Ljunggren | Reuters – Thu, Jan 12, 2012.
OTTAWA (Reuters) - The government is abruptly arguing that the same-sex
marriages of many foreigners who wed in Canada are not valid, a move that
stunned the gay community and could affect thousands of couples.
In 2005, Canada became one of the first nations in the world to formally
legalize gay marriage. Same-sex couples have been marrying in their
thousands in Canada, and lenient rules on residency requirements for those
seeking a marriage license mean many of them are from abroad.
Ottawa now says many, if not all, the unions involving foreign residents are
invalid. It made the argument in a case where two women, one from England
and the other from Florida, sought a divorce after their 2005 Canadian
marriage.
The government's position has prompted sharp questions about why Ottawa
allowed so many foreign same-sex couples to get married for so long before
deciding the unions were not valid.
"(This) is about to, if it hasn't already, make us look like fools on the
international stage," said Martha McCarthy, a lawyer for the couple at the
center of the furor.
"We're the leaders of gay marriage ... and the federal government is saying
'Oh, yes, sorry, we forgot to mention that for the last nine years we've
been marrying people that we didn't think those were valid'," she told
Reuters on Thursday.
Critics blamed the right-of-center Conservative government, which they say
wants to roll back social rights such as gay marriage and abortion.
Prime Minister Stephen Harper said he was unaware of the case. Justice
Minister Rob Nicholson said in a statement he would be "looking at options
to clarify the law so that marriages performed in Canada can be undone in
Canada".
He gave no further details and did not make clear whether Ottawa would
continue to argue that marriages that had already taken place could not be
ended in Canada.
Activists estimate that around 7,500 same-sex couples have married in Canada
since 2003, when some provinces first allowed gay marriages. About 2,500
involved were foreigners, many from countries and U.S. states that do not
recognize gay unions.
Ottawa says the 2005 marriage in the latest case "was not legally valid
under Canadian law" because the women could not have lawfully wed in England
or Florida. It also cited the Canada Divorce Act, which says any couple
seeking to end a marriage in Canada must have lived there for a year.
McCarthy said her clients' message was: "We can't get divorced in our own
jurisdictions because they don't recognize the validity of our marriage. You
guys here in Canada married us so please give us a divorce because no one
else will."
A Toronto judge will hear the case on February 27 and 28 and decide whether
the government's argument is valid, although the loser is bound to appeal
any ruling.
The gay marriage surge was a boon for the tourist industry, which quickly
offered wedding packages to U.S. couples.
Evan Wolfson, president of New-York-based gay rights group Freedom to Marry,
said it would be "extreme, absurd and cruel" to now declare the Canadian
marriages invalid.
"This will come as giant shock not only to the couples but to the businesses
, employers, banks and others who deal with them so hopefully they're going
to walk back this preposterous undermining of families," he told Reuters.
The issue could become a political problem for Harper, who said he had no
intention of reopening the gay marriage file.
Nick Bala, a professor and family law expert at Queen's University, said the
case underlined existing problems with the way gay marriage works in Canada.
"There are good reasons why Canadian family courts are only going to take
jurisdiction over relationships that have a significant (link) to Canada,"
he told Reuters.
Foreign gays who only came to Canada to marry and then returned to seek a
divorce could have major problems if child custody were an issue, and there
was little logic in asking Canadian courts to make decisions about children
living elsewhere, he said.
"There are good reasons for Canada to be a marriage haven for same-sex
couples. It's not clear that it should be a divorce haven for same-sex
couples," Bala said.
(With additional reporting by Richard Woodbury in Halifax; editing by Rob
Wilson and Janet Guttsman)
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发帖数: 48 | 2 为什么这样
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【在 i*****s 的大作中提到】
: Canada says marriages of foreign gays invalid
: By David Ljunggren | Reuters – Thu, Jan 12, 2012.
: OTTAWA (Reuters) - The government is abruptly arguing that the same-sex
: marriages of many foreigners who wed in Canada are not valid, a move that
: stunned the gay community and could affect thousands of couples.
: In 2005, Canada became one of the first nations in the world to formally
: legalize gay marriage. Same-sex couples have been marrying in their
: thousands in Canada, and lenient rules on residency requirements for those
: seeking a marriage license mean many of them are from abroad.
: Ottawa now says many, if not all, the unions involving foreign residents are
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