It's been just over 20 years since same-sex marriage became a prominent issue in Canada, first legalized in Ontario, followed by the rest of the country shortly afterwards. The Civil Marriage Act of 2005 positioned Canada as a leader in 2SLGBTQI+ rights, making it the fourth country in the world to legalize same-sex marriage.
Today, same-sex marriage is a well-established right in Canada, but the journey to this point involved significant challenges. Historically, marriage had been associated with heterosexual couples, making the fight for equal rights in marriage a major milestone for the 2SLGBTQI+ community.
Because marriage had been a staple of heterosexual life for eons, perhaps it could have been easy to overlook or simply not understand the struggle and fight the 2SLGBTQI+ community went through to have this same right.
The Stonewall Riots, which began on June 28, 1969, are widely recognized as the catalyst for the push toward equal rights, inspiring the observance of Pride Month. Another pivotal moment in 2SLGBTQI+ history came during the AIDS crisis of the early 1980s. The crisis brought attention to issues such as healthcare access and legal rights, including the ability to visit partners in the hospital and claim insurance benefits—issues that had not previously been part of the public discourse.
Today, same-sex marriage is much more common, and like all couples, same-sex couples may also face divorce. While the reasons for divorce are often similar regardless of sexual orientation, some challenges are unique to 2SLGBTQI+ individuals.
For example, some individuals may experience a sense of stigma surrounding their divorce, viewing it as a reflection on the hard-won right to marry. In addition, legal complexities may arise in cases involving child custody, especially when only one partner is the biological or adoptive parent. In such cases, non-biological parents may need to take legal steps, such as second-parent adoption, to establish their parental status.
The right to marry and divorce was a big win for 2SLGBTQI+ equality. The fact that same-sex couples can now marry and divorce, like their heterosexual counterparts, underscores the progress society has made in recognizing and valuing 2SLGBTQI+ relationships.
As societal norms continue to evolve, it is expected that these hard-fought rights will remain in place, ensuring that all people, regardless of gender, can experience the same legal recognition and opportunities in marriage and divorce. It will be as simple as just two humans getting married.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Views expressed are my own. Please consult a lawyer for advice on legal matters.
Maggie
P. (519) 496-6244
RE/MAX Solid Gold Realty (II) Ltd., Brokerage
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