MOVING TOWARD SAME-SEX MARRIAGE

Authors

  • DONALD G CASSWELL

Keywords:

Constitutional Law

Abstract

The definition of marriage in the Modernization of Benefits and Obligations Act, S.C., c. 12, s. 1 .1 did not change the law leaving marriage limited to opposite-sex partners . The author argues that recent developments in Canada and elsewhere indicate that the exclusion of same-sex partners from marriage constitutes discrimination under the Canadian Charter. In the event of a successful challenge the writer believes it unlikely that Parliament would invoke the "notwithstanding" clause. Thus Canada is moving ineluctably to same-sex marriage.

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Published

2001-10-01

Issue

Section

Legal Commentary