It’s been just over 20 years since the same-sex marriage debate was at the forefront of the news cycle and became legalized in Ontario, with the rest of Canada following just a few years later. The Civil Marriage Act of 2005 put Canada at the forefront of 2SLGBTQI+ rights as only the fourth country in the world to legalize same-sex marriage.
Today, it is a well-established right in Canada and it’s easy to forget how hard-fought the battle was to get here. As a straight cis female, I’ve never had to worry about having the right to get married…it was always just a given and a natural and expected part of my life’s progression.
And because marriage has been a staple of “straight” life for eons, I think it can be easy to overlook or simply not understand the struggle and fight the 2SLGBTQI+ community went through to have this same right.
I find it fascinating to see how far things have come in such a relatively short time…and yet, at the same time, how long it took society to get here. The Stonewall Riots, which began on this day (June 28) 55 years ago, started the push for equal rights and is the inspiration for Pride Month.
However, it was the AIDS crisis in the early 80s that was a pivotal moment in 2SLGBTQI+ history. AIDS kicked open the closet doors and forced many people to come “out” as they fought to navigate the healthcare system and their right to visit their partners in hospital and claim insurance benefits. Things I simply take for granted.
Today, as marriage in the gay community is relatively commonplace, so too is divorce. Just like myself, gay couples can face irreconcilable differences, leading to the emotionally difficult breakup of their marriages.
I’ve talked to some of my gay friends about this to get their take on this subject. And while the reasons for divorce are similar whether you are gay or straight, the personal and emotional challenges faced by 2SLGBTQI+ individuals have an added layer.
Some may feel a sense of shame or stigma surrounding their divorce because they may see it as undermining their hard-won fight for the right to marriage. There also may be some unique legal challenges when there are children involved.
Child custody can be complex, particularly in cases involving non-biological parents. While custody is generally handled in the same manner as opposite-sex divorce focusing on the best interests of the child, if only one parent is the biological or adoptive parent, the other partner may need to take additional legal steps like a second-parent adoption to establish their legal parental status.
The right to marry (and divorce) was a big win for 2SLGBTQI+ equality. Still, the fact that same-sex couples can now marry and divorce shows how far we've come in accepting 2SLGBTQI+ relationships as real and valued.
With society constantly in flux, I believe it is safe to say that those hard-fought changes from just a few decades ago will now open the doors for all people regardless of gender or gender identity. It will be as beautiful and as simple as just two humans getting married.
For me, I’m still hoping that
Bert and Ernie tie the knot!
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
Independently Owned and Operated
MLS®, REALTOR®, and the associated logos are trademarks of The Canadian Real Estate Association The trademarks REALTOR®, REALTORS® and the REALTOR® logo are controlled by the Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA.