New Brunswick, Canada Court Grants Marriage Equality

June 23, 2005

FREDERICKTON, NEW BRUNSWICK—Canada's Maritime province of New Brunswick has become the latest region where the definition of marriage as between a man and a woman has been struck down.

In a written ruling Thursday Judge Judy Clendenning ruled in favor of four same-sex couples seeking the right to marry.

The couples sued the provincial government arguing that its refusal to grant them marriage licenses is a violation of the Canadian Constitution.

There's no discrimination more oppressive than discrimination by a government on its citizens, lawyer Alison Menard, told Clendenning in oral arguments last week.

In her ruling Clendenning said the definition of civil marriage would have to be changed from a lawful union between a man and a woman, to a lawful union between two persons.

What it means is that anybody that meets the definition of capacity to marry is able to go and get a marriage license, Menard told the CBC.

So in this particular circumstance, couples of same gender will be able to obtain marriage licenses and celebrate marriages.

A bid by conservative religious groups to be heard in the case was rejected. Clendenning ruled that they weren't bringing anything new or unique to the table other than trying to make same-sex marriage a morality issue.

The ruling leaves only two provinces - Prince Edward Island and Alberta — and two territories — Nunavut and The Northwest Territories — where same-sex couples cannot marry.