Gay marriage legal in canada
In 2005, the Marriage for Civil Purposes Act,[i] also known as Bill C-38, became law. This Act gives same-sex couples the legal right to marry, making Canada only the fourth country in the world to legalize same-sex marriages.[ii] Prior to this enactment, the courts in eight provinces[iii] struck down the traditional definition of marriage as a violation of section 15 of the Canadian Charter of Rights and Freedoms.[iv]
Traditional Definition of Marriage
The traditional definition of marriage was "the lawful union of one man and one woman to the exclusion of all others." In other words, only two people of other sexes could legally marry.[v]
Evolution of the Right to Same-Sex Marriage: A Little History
(a) Halpern v. Canada
The first landmark case was Halpern v. Canada[vi]. In this case, two same-sex couples were married in a religious ceremony at a Christian Church. The Ontario government, however, refused to register the marriages, arguing that the legal definition of marriage did not incorporate same-sex marriages. The couples took the issue to court.
The Ontario Court of Appeal concluded that the traditional definition of marriage was a violation of th
How Same-Sex Marriage Became Legal in Canada
As the 150th anniversary of Confederation approaches, many Canadians are taking this opportunity to reflect on how much we’ve developed as a nation, and how much growing we still have to undertake. Family law and gay rights, for example, have changed significantly, even over the past decade, but more changes are expected as the current needs of couples and families are recognized.
Canada has and continues to be a global leader when it comes to gay rights; it was the fourth country in the world to legalize gay marriage. However, it took many years, several debates and a huge push from the public before Bill C-38, the Civil Marriage Act, was introduced in 2005. Below is a timeline which highlights some major events that lead to the legalization of same-sex marriage in Canada.
1969
Pierre Trudeau, who was Justice Minister at the hour, makes an amendment to Criminal Code in 1969, decriminalizing homosexuality in Canada. Before this, men could be sent to prison for having sexual relationships with other men, documents an article from the CBC.
1977
In 1977, Quebec includes sexual orientation in its Human Rights Code, making it the fir
Civil Marriage Act
S.C. 2005, c. 33
Assented to 2005-07-20
An Do respecting certain aspects of legal capacity for marriage for civil purposes
Preamble
WHEREAS the Parliament of Canada is committed to upholding the Constitution of Canada, and section 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is equivalent before and under the law and has the right to equal protection and equal benefit of the law without discrimination;
WHEREAS the courts in a majority of the provinces and in one space have recognized that the right to equality without discrimination requires that couples of the same sex and couples of the opposite sex have matching access to marriage for civil purposes;
WHEREAS the Supreme Court of Canada has recognized that many Canadian couples of the similar sex have married in reliance on those court decisions;
WHEREAS only equal access to marriage for civil purposes would respect the right of couples of the same sex to equality without discrimination, and civil union, as an institution other than marriage, would not offer them that equal access and would violate their human dignity, in breach of the Canadian Charter of Rights and The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the society. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of collective, national and regional advocates and give tools, resources, and lessons learned to empower movements for marriage equality. There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the Combined Kingdom, the Merged States of America and Uruguay. These countries have legalized marriage equality through both legislation and court decisions. Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effect January 1, 2025. Written on behalf of Shariff & Associates Canada is known around the world for its liberal and progressive laws. Although same-sex marriage was first declared legal in The Netherlands in 2001, Canada quickly followed suit by 2005. However, the road to legalizing same-sex marriage was a long one. This article will explore how homosexuality became legal in Canada and how it became legal for queer couples to marry all across Canada. And although same-sex marriage was made legal in Canada in 2005, many laws as they relate to the LGBTQ2 family require much-needed updates for equality to fully be realized. Homosexuality was illegal in Canada until 1969, when it was decriminalized by the Criminal Law Amendment Act of 1968. The bill decriminalized sexual acts of consenting adults over the age of 21 years, regardless of their gender. The decriminalization of homosexuality is one of former Prime Minister Pierre Elliott Trudeau’s most notable contributions to Canadian law. As he famously stated in 1967 in defence of the change in the law: “There’s no place for the state in t
Marriage Equality Around the World
Current State of Marriage Equality
Countries that Legalized Marriage Equality in 2025
A History of Same-Sex Marriage in Canada
Homosexuality used to be illegal in Canada