US Citizen Married in Canada? You may only THINK you're married...

betenoire · 01-12-2012, 11:26 PM

LGBT Legal Groups: Canadian Marriages of Same-Sex Couples Are Not in Jeopardy

Quote:

(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.

betenoire · 01-12-2012, 11:28 PM

Oh, and frankly I am really pissed at Dan Savage for adding to the (most likely unnecessary) upset with his "The Canadian Government Dissolved My Marriage!" tirade.

girl_dee · 01-13-2012, 05:37 AM

This was on my Facebook page this morning; I am not sure I trust the source but I thought I would share it just in case. I am in Canada but not up to speed on where the reliable news sources are.

Canadian Gov’t Dissolves Thousands of Same-Sex Marriages (Including Dan Savage’s)
POSTED BY KEVIN FARRELL ON JAN 12, 2012 IN POLITICS | 93 COMMENTS
Share
20K

"Surprise! You're divorced."
Thousands of LGBT couples across the world awoke this morning to learn that they are no longer married.
A Department of Justice lawyer under Prime Minister Stephen Harper’s Conservative Party of Canada government has nullified all same-sex marriages performed in Canada in which the couples’ native country does not permit gays and lesbians to marry.
The reversal of federal policy is revealed in a document filed in a Toronto test case launched recently by a lesbian couple seeking a divorce. Wed in Toronto in 2005, the couple have been told they cannot divorce because they were never really married – a Department of Justice lawyer says their marriage is not legal in Canada since they could not have lawfully wed in Florida or England, where the two partners reside.
The two women – professionals in the their early 30s – cannot be identified under a court order. But Martha McCarthy, a prominent Toronto lawyer who represents them, said the government’s about-face is astonishing.
“It is scandalous,” she said in an interview. “It is offensive to their dignity and human rights to suggest they weren’t married or that they have something that is a nullity.”
Ms. McCarthy, who played an instrumental role in the fight to legalize same-sex marriage, said Ontario has tried to duck the volatile test case by deferring to the federal government.
“It is appalling and outrageous that two levels of government would be taking this position without ever having raised it before, telling anybody it was an issue or doing anything pro-active about it,” she said. “All the while, they were handing out licences to perform marriages across the country to non-resident people.”
Newspapers across the world are covered in headlines about this savage and unprecedented attack on LGBT people.
Dan Savage, who wed his husband (now boyfriend) in Vancouver in 2005, weighs in:
There will be lawsuits, time and money will be wasted, oceans of ink and pixels will be spilled, before this issue—the full civil equality of gays and lesbians—winds up before the Supreme Court of Canada. I’m confident that justice will prevail—God bless the Canadian Charter of Rights and Freedoms—but the decision to reopen this issue is going to be one massive distraction for the Canadian government.
Gays and lesbians inside and outside of Canada are going to make sure of it.
Now if you’ll excuse me I need to go wake up my husband and tell him we got divorced last night.
Critics of this attack on LGBT people have noted both online and off that if gay marriages are now without legal standing in Canada if the couple’s homeland forbids them, are Middle Eastern women living in Canada now stripped of their rights to vote, drive a car, or even show their hair? Is being gay now punishable by death in Canada if you’re from Uganda? Is blogging or criticizing your government now illegal for Egyptians living in Canada?
We can hardly believe we are reporting this. Expect massive coverage in the coming days.
How would you feel to wake up divorced by a foreign government after years of marriage?

Truly Scrumptious · 01-13-2012, 10:45 AM

Same-sex marriage law to be changed to recognize gay tourists

"The Harper government is working quickly to change the law so that the marriages of the thousands of gay couples who travel to Canada to wed are legally recognized in this country.

“We want to make it very clear that in our government’s view, these marriages should be valid,” a senior government official told Postmedia News on Friday.

“That’s why we will change the Civil Marriage Act so that any marriages performed in Canada that aren’t recognized in the couple’s home jurisdiction will be recognized in Canada.”

The legislative change will apply to all marriages performed in Canada regardless of the laws of the jurisdiction in which the couple live, the official said."

The residency requirement for divorce remains unchanged at this point, though one has to wonder how it even makes any sense. How can two people who are not Canadian citizens or permanent residents spend a year here anyway?

Full article:

http://news.nationalpost.com/2012/01...zed-in-canada/

SoNotHer · 01-13-2012, 11:19 AM

I am a US citizen who married a Canadian. We have been in the process of divorce. We had did have to go through a formal divorce process, and one of us had to a be a resident.

I would like to see/know how this issue shakes out ultimately and how it impacts the queer community ultimately.

Truly Scrumptious · 01-13-2012, 11:43 AM

Well, the law is there’s a one year residency requirement for a divorce in Canada, I get that. And it seems simple enough if one of you is a Canadian resident, but what about when both parties live in another country? It’s not like they can just come here and wait the year out, unless they are financially able to live for a year without an income (not to mention visa requirements which I am assuming could be extended under those conditions). Unless there’s a provision for this through Immigration Canada (which I doubt), I’m not sure how it’s even feasible.

When same sex marriage became legal here, the facts were clear: any couple could come here and get married, but that marriage would not be legal in the couple’s home country if same sex marriage wasn’t already legal there. It seems almost preposterous to imagine that the possibility of divorce was never considered, or provisioned for.

01-12-2012, 11:28 PM	#2
betenoire Senior Member How Do You Identify?: Satan in a Sunday Hat Preferred Pronoun?: Maow Relationship Status: Married Join Date: Jan 2010 Location: The Chemical Valley Posts: 4,086 My Photo Gallery Thanks: 3,312 Thanked 8,739 Times in 2,565 Posts Rep Power: 21474856	Oh, and frankly I am really pissed at Dan Savage for adding to the (most likely unnecessary) upset with his "The Canadian Government Dissolved My Marriage!" tirade. __________________ bête noire \bet-NWAHR\, noun: One that is particularly disliked or that is to be avoided.

01-13-2012, 10:45 AM	#4
Truly Scrumptious Member How Do You Identify?: Femme Relationship Status: She's my mirror twin, my next of kin Join Date: Sep 2011 Location: Entre Lajeunesse et la sagesse Posts: 667 My Photo Gallery Thanks: 2,047 Thanked 1,780 Times in 557 Posts Rep Power: 21474849	You'd think this would already have been a given, but as of a few minutes ago: Same-sex marriage law to be changed to recognize gay tourists "The Harper government is working quickly to change the law so that the marriages of the thousands of gay couples who travel to Canada to wed are legally recognized in this country. “We want to make it very clear that in our government’s view, these marriages should be valid,” a senior government official told Postmedia News on Friday. “That’s why we will change the Civil Marriage Act so that any marriages performed in Canada that aren’t recognized in the couple’s home jurisdiction will be recognized in Canada.” The legislative change will apply to all marriages performed in Canada regardless of the laws of the jurisdiction in which the couple live, the official said." The residency requirement for divorce remains unchanged at this point, though one has to wonder how it even makes any sense. How can two people who are not Canadian citizens or permanent residents spend a year here anyway? Full article: http://news.nationalpost.com/2012/01...zed-in-canada/

01-13-2012, 05:37 AM	#3
girl_dee Practically Lives Here How Do You Identify?: Femme Preferred Pronoun?: dee Relationship Status: Hitched up Join Date: Nov 2009 Location: Livin’ the Dream Posts: 24,079 My Photo Gallery Thanks: 30,560 Thanked 54,833 Times in 13,908 Posts Rep Power: 21474873	This was on my Facebook page this morning; I am not sure I trust the source but I thought I would share it just in case. I am in Canada but not up to speed on where the reliable news sources are. Canadian Gov’t Dissolves Thousands of Same-Sex Marriages (Including Dan Savage’s) POSTED BY KEVIN FARRELL ON JAN 12, 2012 IN POLITICS \| 93 COMMENTS Share 20K "Surprise! You're divorced." Thousands of LGBT couples across the world awoke this morning to learn that they are no longer married. A Department of Justice lawyer under Prime Minister Stephen Harper’s Conservative Party of Canada government has nullified all same-sex marriages performed in Canada in which the couples’ native country does not permit gays and lesbians to marry. The reversal of federal policy is revealed in a document filed in a Toronto test case launched recently by a lesbian couple seeking a divorce. Wed in Toronto in 2005, the couple have been told they cannot divorce because they were never really married – a Department of Justice lawyer says their marriage is not legal in Canada since they could not have lawfully wed in Florida or England, where the two partners reside. The two women – professionals in the their early 30s – cannot be identified under a court order. But Martha McCarthy, a prominent Toronto lawyer who represents them, said the government’s about-face is astonishing. “It is scandalous,” she said in an interview. “It is offensive to their dignity and human rights to suggest they weren’t married or that they have something that is a nullity.” Ms. McCarthy, who played an instrumental role in the fight to legalize same-sex marriage, said Ontario has tried to duck the volatile test case by deferring to the federal government. “It is appalling and outrageous that two levels of government would be taking this position without ever having raised it before, telling anybody it was an issue or doing anything pro-active about it,” she said. “All the while, they were handing out licences to perform marriages across the country to non-resident people.” Newspapers across the world are covered in headlines about this savage and unprecedented attack on LGBT people. Dan Savage, who wed his husband (now boyfriend) in Vancouver in 2005, weighs in: There will be lawsuits, time and money will be wasted, oceans of ink and pixels will be spilled, before this issue—the full civil equality of gays and lesbians—winds up before the Supreme Court of Canada. I’m confident that justice will prevail—God bless the Canadian Charter of Rights and Freedoms—but the decision to reopen this issue is going to be one massive distraction for the Canadian government. Gays and lesbians inside and outside of Canada are going to make sure of it. Now if you’ll excuse me I need to go wake up my husband and tell him we got divorced last night. Critics of this attack on LGBT people have noted both online and off that if gay marriages are now without legal standing in Canada if the couple’s homeland forbids them, are Middle Eastern women living in Canada now stripped of their rights to vote, drive a car, or even show their hair? Is being gay now punishable by death in Canada if you’re from Uganda? Is blogging or criticizing your government now illegal for Egyptians living in Canada? We can hardly believe we are reporting this. Expect massive coverage in the coming days. How would you feel to wake up divorced by a foreign government after years of marriage?

01-13-2012, 11:19 AM	#5
SoNotHer Senior Member How Do You Identify?: Professional Sandbagger and Jenga Zumba Instructor Join Date: Sep 2011 Location: In the master control room of my world domination dreams Posts: 2,811 My Photo Gallery Thanks: 6,587 Thanked 4,736 Times in 1,409 Posts Rep Power: 21474851	I am a US citizen who married a Canadian. We have been in the process of divorce. We had did have to go through a formal divorce process, and one of us had to a be a resident. I would like to see/know how this issue shakes out ultimately and how it impacts the queer community ultimately.

01-13-2012, 11:43 AM	#6
Truly Scrumptious Member How Do You Identify?: Femme Relationship Status: She's my mirror twin, my next of kin Join Date: Sep 2011 Location: Entre Lajeunesse et la sagesse Posts: 667 My Photo Gallery Thanks: 2,047 Thanked 1,780 Times in 557 Posts Rep Power: 21474849	Well, the law is there’s a one year residency requirement for a divorce in Canada, I get that. And it seems simple enough if one of you is a Canadian resident, but what about when both parties live in another country? It’s not like they can just come here and wait the year out, unless they are financially able to live for a year without an income (not to mention visa requirements which I am assuming could be extended under those conditions). Unless there’s a provision for this through Immigration Canada (which I doubt), I’m not sure how it’s even feasible. When same sex marriage became legal here, the facts were clear: any couple could come here and get married, but that marriage would not be legal in the couple’s home country if same sex marriage wasn’t already legal there. It seems almost preposterous to imagine that the possibility of divorce was never considered, or provisioned for.