LAMDA Legal: Reports of Dissovling Canadian Marriages NOT True

CORRECTION TO ORIGINAL REPORT ON SUPPOSED DISSOLVING OF FOREIGN SAME-SEX MARRIAGES IN CANADA

LAMDA LEGAL AND OTHER NATIONAL LGBT ORGANIZATION'S JOINT STATEMENT:

"(San Francisco, CA, January 12, 2012)—The following is a joint statement from Lambda Legal, the National Center for Lesbian Rights, the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, and Freedom to Marry:

We write to respond to a news report from Canada that a lawyer in the current government has taken a position in a trial-level divorce proceeding that a same-sex couple’s marriage is not valid because the members of the couple were not Canada residents at the time that they married, and the law of their home jurisdiction did not permit them to marry at the time.   

No one’s marriage has been invalidated or is likely to be invalidated. The position taken by one government lawyer in a divorce is not itself precedential.  No court has accepted this view and there is no reason to believe that either Canada’s courts or its Parliament would agree with this position, which no one has asserted before during the eight years that same-sex couples have had the freedom to marry in Canada.

Canada permits non-residents to marry and thousands of non-resident same-sex couples have married there since Canada first began recognizing the freedom to marry for same-sex couples in 2003. Indeed, Canada’s Parliament codified the equal right to marry for same-sex couples in 2005.

The message for same-sex couples married in Canada remains the same as it is for same-sex couples validly married here in the United States: take every precaution you can to protect your relationship with legal documents such as powers of attorney and adoptions, as you may travel to jurisdictions that don't respect your legal relationship. There is no reason to suggest that Canadian marriages of same-sex couples are in jeopardy, or to advocate that people try to marry again elsewhere, as that could cause these couples unnecessary complications, anxiety, and expense."

ORIGINAL REPORT: (NO CORRECT)

Does your state or country not recognize same-sex marriages? Were you married to a same-sex partner in Canada when you both had citizenship elsewhere? If you answer yes to both questions, your marriage was likely nullified overnight. According to reports by Unicorn Booty and Queerty, as of this morning the Canadian government will no longer recognize same-sex marriages as legal if the country and/or state where the couple lives does not recognize same-sex marriages.

At the moment the implications for New Yorkers is unclear. Since New York legalized same-sex marriage as of July, it is possible the Canadian government will still recognize marriages performed in Canada for New York State couples. There is also the possibility that only couples married after July will have their marriages recognized since that is when same-sex marriage became legal in New York State.

It is not clear yet what this will mean for New Yorkers, but as the story develops we will continue to provide you with coverage.

Also, if you want to understand how this legal decision was made, read this explaination from Queerty:

"A case before the Ontario Superior Court involves a lesbian couple in which one woman is English and the other is American. The women, who wed in 2005, are seeking a divorce but the Canadian Department of Justice’s Sean Gaudet claims divorce is only available for those people who have lived in Canada for a year or more and have a valid marriage to dissolve. (Neither the U.S. nor England has national marriage equality.)."

This ruling is particularly problematic because couples had NO time to prepare (they literally found out this morning that their marriages were dissolved). Since a variety of benefits including access to health insurance are tied to marriage, this could have significant ramifications for couples that they were not prepared for.

**We are interested in hearing from couples affected by this ruling. If you are interested in being interviewed for a follow-up piece, please contact us here.**

We look forward to sharing your stories and committ to thorough coverage of this issue.

As Unicorn Booty pointed out, now is the time to tell our stories and fight back. This is a reminder that even once we have won our rights we cannot become complicit.