Same-sex marriage in Yukon

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Same-sex marriage is also legal in the Crown Dependencies of Guernsey, the Isle of Man, and Jersey, and the British Overseas Territories of Akrotiri and Dhekelia, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, and South Georgia and the South Sandwich Islands. Same-sex marriage is neither performed nor recognized in six British Overseas Territories: Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands.
  4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognized guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
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Same-sex marriage has been legal in Yukon since July 14, 2004, immediately following a ruling from the Supreme Court of Yukon. This made the territory the fourth jurisdiction in Canada, and the seventh in the world after the Netherlands, Belgium, Ontario, British Columbia, Quebec and Massachusetts, to legalise same-sex marriage.[1] Yukon was the first of Canada's three territories to legalise same-sex marriage, and the only one to do so before the federal legalisation of same-sex marriage in July 2005 by the Parliament of Canada.

Court ruling

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In July 2003, Justice Minister Elaine Taylor said the government was taking a "wait-and-see" approach to same-sex marriage in Yukon, and would prefer for the Supreme Court of Canada or the Parliament of Canada to address the issue,[1] "I think it's very important to have your ducks lined up, so to speak. The thing that I would hate to see, is that in fact, we did start issuing marriage licenses today or tomorrow, and the bill in fact did not live up to the scrutiny of the Supreme Court of Canada, or perhaps did not even go through the House of Commons. Then there would be somewhat of legal quagmire. We want to bring certainty to those individuals who want to be recognized as same-sex couples. We want to take a responsible position."[1]

In January 2004, Rob Edge and Stephen Dunbar were denied a marriage licence at the Vital Statistics Office in Whitehorse. "We could have driven across the border to British Columbia, but that wasn't good enough. My family and I contributed a lot to this community over the years and I wanted to be married here to the man I love. I'm a Yukoner. I don't want a license that's not recognized by my government. I knew my timing was right and that the territory was ready for it", Dunbar said. The couple brought suit in Dunbar and Edge v. Yukon et al. against the Yukon and federal governments in June 2004.[1] Their lawyer, Jim Tucker, used a novel approach: rather than arguing on the basis of Section 15 of the Canadian Charter of Rights and Freedoms as in the previous cases, he argued that the federal government's failure to appeal the decisions legalising same-sex marriage in Ontario, British Columbia and Quebec signalled a change in Canadian common law regarding marriage. Martha McCarthy, a lawyer who had represented the couples in Ontario and Quebec, said, "Same-sex couples should not have to wait patiently for their rights to be upheld. The federal government accepted not only the Ontario and B.C. court rulings that marriage licenses be issued to same-sex couples, but also the Quebec Court of Appeal's ruling that the law has changed across the country. If they accept that in Quebec, how can they now take a different position in the Yukon?"[1]

On July 14, 2004, Supreme Court Justice Peter McIntyre agreed that the federal government was inconsistent in its approach to the definition of marriage, a federal responsibility, since it had not appealed the first three decisions. Therefore, the territory's failure to provide marriage licences to same-sex couples meant that the law was being inconsistently applied in Yukon. Justice McIntyre declared same-sex marriages legal in Yukon, and ordered the government to issue a marriage licence to Edge and Dunbar.[2] The judge obtained verbal promises from the Yukon Government that the couple would be granted a marriage licence. Premier Dennis Fentie praised the ruling. Laurie Arron, from Egale Canada, said, "This ruling sends a message that governments across the country must now accept the Charter rights of same-sex couples to marry in a civil ceremony. There is one law for the whole country, and that law includes same-sex couples."[1] McIntyre wrote in his ruling:[3]

As to the need for a record, in my view, I have no need for more evidence than the refusal of the Yukon Territorial Government to issue a licence or to register the marriage because of its understanding of the common law and the acknowledgement by the Attorney General of Canada that the common law rule is discriminatory. It is true that there appears to have been a great deal of evidence before the courts of first instance and appeal in British Columbia, Ontario and Quebec; but there is no need to repeat this evidence before me or any other member of this Court in order to arrive at a conclusion already reached after tremendous application of judicious effort by three provincial courts of appeal in order to lead to a conclusion that the Attorney General of Canada properly acknowledges is correct, that is, that the common-law definition of marriage is unconstitutional, a conclusion that is, after all, a conclusion of law, not fact.

Territorial legislation

[edit]
Same-sex marriage in Canada
Legal
Reference Re Same-Sex Marriage
Halpern v Canada (AG)
Civil Marriage Act
Parliament
38th House · 39th House
Related
Civil unions in Quebec
Adult interdependent relationship in Alberta
Domestic partnership in Nova Scotia
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LGBTQ portal

In May 2002, the Yukon Legislative Assembly approved a bill allowing same-sex couples to adopt children jointly.[4][5] The law took effect on 1 January 2003.[6] On 9 December 2014, the Assembly amended the territorial Marriage Act (French: Loi sur le mariage; Gwichʼin: Nihkhàgadhidii geenjit dàgwìdįįʼee)[7] to replace all references to "husband and wife" with the gender-neutral term "spouses".[8] It received royal assent by Commissioner Doug Phillips on 11 December and took effect on 1 June 2015.[6] The act states:

If a marriage ceremony is performed by a marriage commissioner [...] (b) each of the parties shall, in the presence of the marriage commissioner and the witnesses, say to the other party: "I call upon these persons here present to witness that I,______________, do take thee, ______________ to be my lawful wedded husband (or wife or spouse)." [RSY 2002, c.146, s.13]

Further legislation, the Equality of Spouses Statute Law Amendment Act 2018, was passed 16–0 by the Assembly on 29 October 2018. It replaced references to "husband and wife" and "a man and a woman" in other acts, including the Evidence Act and the Family Property and Support Act.[9] The law was assented by Commissioner Angélique Bernard.

29 October 2018 vote in the Legislative Assembly[10]
Party Voted for Voted against Absent (Did not vote)
  Yukon Liberal Party
9
 –
1
  Yukon Party
5
 –
1
  Yukon New Democratic Party
2
 – –
Total[a] 16 0 2
88.9% 0.0% 11.1%

MLA Kate White referenced Dunbar and Edge when speaking in favour of the legislation:[10]

It is a pleasure today to rise and speak to Bill No. 21, entitled Equality of Spouses Statute Law Amendment Act 2018. I am well aware right now, on the floor, that we have trailblazers in the gallery. We have Rob and Stephen Dunbar-Edge, who have done so much for the territory, as well as Chase Blodgett, who has also supported change in all of the ways that we needed to. The reminder is that human rights are human rights are human rights. I can only imagine how slowly time moves for those who are most adversely affected by laws and legislation as we ask them to be patient as governments and society work to catch up. Today I am so pleased to be here, to know that we have removed more of those barriers, knowing people like them who have been fighting these injustices since the beginning of time. It is a great day to be here in the Assembly and to know that the 34th Legislative Assembly is making Yukon a more just and welcoming place.

Marriage statistics

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44 same-sex couples married in Yukon between July 2004 and July 2014.[11] The 2016 Canadian census showed that there were 70 same-sex spouses living in Yukon, with 55 (78.6%) being women.[12] The census also showed that about 1.9% of Whitehorse women in couples were in same-sex relationships; the second highest in Canada after Yellowknife in the Northwest Territories. Men in same-sex couples accounted for 0.7% of men in couples.[13]

Religious performance

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In July 2019, the synod of the Anglican Church of Canada passed a resolution known as "A Word to the Church", allowing its dioceses to choose whether to bless and perform same-sex marriages.[14] The canons of the Diocese of Yukon do not explicitly prohibit same-sex marriages, and one of the only mentions to marriage defines it as being "between two people".[15] Former Bishop Larry Robertson, who retired in 2019, was opposed to same-sex marriage.[16]

Some other religious organisations perform same-sex marriages in their places of worship, including the United Church of Canada,[17] Quakers,[18] the Evangelical Lutheran Church in Canada,[19] and the Canadian Unitarian Council.[20]

See also

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Notes

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  1. ^ The Speaker of the Yukon Legislative Assembly, Nils Clarke, votes only in case of a tied vote.

References

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  1. ^ a b c d e f "Same-sex marriage in the Yukon Territory, Canada". Kingston: Ontario Consultants on Religious Tolerance. 20 November 2005. Retrieved 11 March 2011.
  2. ^ "Same-sex marriage ruled legal in Yukon". CTV. 15 July 2004. Archived from the original on June 29, 2011. Retrieved 11 March 2011.
  3. ^ Dunbar & Edge v. Yukon (Government of) & Canada (A.G.), 2004 YKSC 54 (14 July 2004)
  4. ^ 30th Legislature, May 8, 2002
  5. ^ Child Care Act
  6. ^ a b Table of Public Statutes Part 1
  7. ^ Mitchell-Firth, Eleanor; Andre, Lisa; Firth, William; Andre, Alestine; Riepl, Mark (2003). Gwich'in Language Dictionary (PDF) (4th ed.). Gwich'in Social and Cultural Institute.
  8. ^ "Act To Amend The Marriage Act" (PDF). Government of Yukon. Retrieved April 19, 2015.
  9. ^ "Equality of Spouses Statute Law Amendment Act 2018" (PDF). laws.yukon.ca.
  10. ^ a b "Monday, October 29, 2018 — 1:00 p.m." (PDF). Yukon Legislative Assembly Hansard. Retrieved 12 June 2025.
  11. ^ A decade of marriage equality in the Yukon. Yukon News, 25 July 2014
  12. ^ "Families, Households, and Marital Status - Yukon Bureau of Statistics" (PDF). Yukon Bureau of Statistics. 2016.
  13. ^ Yellowknife, Whitehorse have more same-sex female couples per capita than any other city in Canada. CBC, 4 August 2017
  14. ^ Zeidler, Maryse (13 July 2019). "Anglican Church rejects same-sex marriage approvals in vote". CBC News.
  15. ^ "Ordinance, Constitution, and Canons of the Diocese of Yukon" (PDF). Diocese of Yukon.
  16. ^ Sison, Marites N. (8 July 2013). "Joy, sadness over proposed marriage canon change". Anglican Journal.
  17. ^ "Beliefs: Overview of Beliefs". The United Church of Canada. May 25, 2009. Archived from the original on January 30, 2016. Retrieved March 11, 2010.
  18. ^ "Submission to the Legislative Committee on Bill C-38 (CC38)" (PDF). Canadian Friends Service Committee (Quakers). April 10, 2005. Archived from the original (PDF) on September 22, 2007. Retrieved April 18, 2021.
  19. ^ "Evangelical Lutherans back same-sex marriage". www.winnipegfreepress.com. 23 July 2011. Archived from the original on 2016-04-28. Retrieved 2016-04-23.
  20. ^ "Welcoming Congregation Program" (PDF). Canadian Unitarian Council. Retrieved 5 October 2024.
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