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

Tawse · 01-12-2012, 10:20 AM

Really wish it didn't snow up there - I'd move in a heartbeat (yes this is still all the US's fault since they are the idjits with their heads stuck up their asses).

EnderD_503 · 01-12-2012, 10:52 AM

More than likely the reason the "Canadian government" (since Harper has come to power, now known as the "Harper Government" according to official government letterhead) is doing this is because same-sex marriage was made legal in Canada under a Liberal federal government. Since coming to power, Harper has vowed not to challenge human rights laws the Liberals put into place (same-sex marriage and abortion rights among them). However, he and his rightwing, evangelist MPs have gone out of their way to make it extremely difficult for women to find abortion clinics across Canada. Additionally, he and his MPs have rallied in order to make it difficult for women in impoverished countries with very few, if any, women's rights, where the organisation of Planned Parenthood also operates, to get abortions or birth control. These MPs (backed by Harper) claimed they did not want to "push Canadian values on the traditional values of other nations."

And this appears to be the same approach this conservative Harper Government (TM) is taking with same-sex marriage. They won't try to seriously reopen the question in Canada, however, they are going to try to hinder the process as much as they can. They are doing so again with this attempt at reneging marriage certificates of non-Canadians in Canada, when any other marriage would be perfectly legal. This is their way of sticking it to same-sex couples, simply because they can't do it to same-sex Canadian couples.

Honey · 01-12-2012, 10:58 AM

In the state of Maine I can marry my cousin but NOT my gf...talked about backwoods, inbred and fucked up !!

Tawse · 01-12-2012, 11:02 AM

Ditto that Words - that's what Gillian and I were told as well. 1 year residency = can file for divorce.

betenoire · 01-12-2012, 11:08 AM

I think this will go away. It might take going all the way to the Supreme Court of Canada - but it will go away.

Basically what seems to have happened (I've read every article I could find on the situation this morning) is that the couple tried to get a divorce in Ontario. Now, while Canada does not have residency requirements for Marriage it DOES have them for Divorce (yes, it's stupid).

So instead of doing the smart thing and making it so that anybody who got married here can get divorced here regardless of residency.....some douchebag was like "well, since you can't get divorced and your countries don't recognise your marriage anyway....I guess you're not really married."

It doesn't end here. I think we can count on the higher courts to fix this.

suebee · 01-12-2012, 01:10 PM

CBC article on same topic.

foxyshaman · 01-12-2012, 02:11 PM

Quote:

Originally Posted by suebee

CBC article on same topic.

I would be interested to know which government office was asked to do the opinion in the first place. I shall dig further. After having worked within the gov't for a long time, I do know it will take more than one opinion to change anything.

Thanks for posting the article Suebee. I would be interested in seeing the original applications filed before the courts which sparked this debate.

Kobi · 01-12-2012, 02:38 PM

Opponents of gay marriage tried the same tactic here in Massachusetts. It was shortlived and pretty pathetic given the lameless of their rationale.

Each state has laws that govern the requirements for obtaining a marriage license and for denying one. "Recognition of a marriage outside of the Commonwealth" is not one of the reasons that can be used to deny a license here.

Is there something in Canadian law that allows a marriage license to be denied because the marriage would not be recognized somewhere else?

Divorce is trickier. Again, the laws of the state or country of jurisdiction prevail. In Mass, both straight and gay couples have to adhere to certain requirements in filing for divorce. Residency is just one of them.

betenoire · 01-12-2012, 03:12 PM

Quote:

Originally Posted by Kobi

Is there something in Canadian law that allows a marriage license to be denied because the marriage would not be recognized somewhere else?

No there isn't.

Words · 01-12-2012, 10:57 AM

Blue (US) and I (UK) heard when W/we got married in Vancouver in 2004 that should W/we ever decide to divoce, one of U/us would have to live in Canada for a year beforehand. Since neither of U/us would ever be able to do that, it's probably the main reason W/we're still together

Seriously, though, it's taken them this long to come up with this? It's nuts.

Words

foxyshaman · 01-12-2012, 02:06 PM

Quote:

Originally Posted by Tawse

Really wish it didn't snow up there - I'd move in a heartbeat (yes this is still all the US's fault since they are the idjits with their heads stuck up their asses).

For a second I thought you were blaming the US for our snow. I was willing to get behind you on this....

sorry for the de-rail. My brain can work in its own mysterious ways...

01-12-2012, 11:08 AM	#5
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 8,738 Times in 2,565 Posts Rep Power: 21474856	I think this will go away. It might take going all the way to the Supreme Court of Canada - but it will go away. Basically what seems to have happened (I've read every article I could find on the situation this morning) is that the couple tried to get a divorce in Ontario. Now, while Canada does not have residency requirements for Marriage it DOES have them for Divorce (yes, it's stupid). So instead of doing the smart thing and making it so that anybody who got married here can get divorced here regardless of residency.....some douchebag was like "well, since you can't get divorced and your countries don't recognise your marriage anyway....I guess you're not really married." It doesn't end here. I think we can count on the higher courts to fix this. __________________ bête noire \bet-NWAHR\, noun: One that is particularly disliked or that is to be avoided.

01-12-2012, 01:10 PM	#6
suebee Member How Do You Identify?: TOWANDA! Preferred Pronoun?: Queen Bee Relationship Status: Good 'n married. Join Date: Nov 2009 Location: Eastern Canada. But if I make a wrong turn at the lights I get stopped by a border guard. Posts: 1,499 My Photo Gallery Thanks: 2,355 Thanked 2,756 Times in 820 Posts Rep Power: 16450092	*CBC article on same topic.* __________________ "Compassion, in which all ethics must take root, can only attain its full breadth and depth if it embraces all living creatures and does not limit itself to mankind." -Albert Schweitzer

01-12-2012, 10:20 AM	#1
Tawse Member How Do You Identify?: TG Gender Queer Preferred Pronoun?: He Relationship Status: Married Join Date: Jun 2010 Location: Atlanta Posts: 730 My Photo Gallery Thanks: 2,973 Thanked 2,733 Times in 642 Posts Rep Power: 21474851	Really wish it didn't snow up there - I'd move in a heartbeat (yes this is still all the US's fault since they are the idjits with their heads stuck up their asses).

01-12-2012, 10:52 AM	#2
EnderD_503 Member How Do You Identify?: Queer, trans guy, butch Preferred Pronoun?: Male pronouns Relationship Status: Relationship Join Date: Apr 2010 Location: Canada Posts: 1,329 My Photo Gallery Thanks: 4,090 Thanked 3,878 Times in 1,022 Posts Rep Power: 21474853	More than likely the reason the "Canadian government" (since Harper has come to power, now known as the "Harper Government" according to official government letterhead) is doing this is because same-sex marriage was made legal in Canada under a Liberal federal government. Since coming to power, Harper has vowed not to challenge human rights laws the Liberals put into place (same-sex marriage and abortion rights among them). However, he and his rightwing, evangelist MPs have gone out of their way to make it extremely difficult for women to find abortion clinics across Canada. Additionally, he and his MPs have rallied in order to make it difficult for women in impoverished countries with very few, if any, women's rights, where the organisation of Planned Parenthood also operates, to get abortions or birth control. These MPs (backed by Harper) claimed they did not want to "push Canadian values on the traditional values of other nations." And this appears to be the same approach this conservative Harper Government (TM) is taking with same-sex marriage. They won't try to seriously reopen the question in Canada, however, they are going to try to hinder the process as much as they can. They are doing so again with this attempt at reneging marriage certificates of non-Canadians in Canada, when any other marriage would be perfectly legal. This is their way of sticking it to same-sex couples, simply because they can't do it to same-sex Canadian couples.

01-12-2012, 10:58 AM	#3
Honey Member How Do You Identify?: big femme heart..... in a tight girlie package Preferred Pronoun?: just call me Honey Relationship Status: Playin' 4 keeps with Tomboi1982 Join Date: Sep 2011 Location: New England Posts: 306 My Photo Gallery Thanks: 316 Thanked 613 Times in 184 Posts Rep Power: 10762767	In the state of Maine I can marry my cousin but NOT my gf...talked about backwoods, inbred and fucked up !!

01-12-2012, 11:02 AM	#4
Tawse Member How Do You Identify?: TG Gender Queer Preferred Pronoun?: He Relationship Status: Married Join Date: Jun 2010 Location: Atlanta Posts: 730 My Photo Gallery Thanks: 2,973 Thanked 2,733 Times in 642 Posts Rep Power: 21474851	Ditto that Words - that's what Gillian and I were told as well. 1 year residency = can file for divorce.

01-12-2012, 02:38 PM	#8
Kobi Infamous Member How Do You Identify?: Biological female. Lesbian. Relationship Status: Happy Join Date: Feb 2010 Location: Hanging out in the Atlantic. Posts: 9,234 My Photo Gallery Thanks: 9,840 Thanked 34,635 Times in 7,642 Posts Rep Power: 21474861	Opponents of gay marriage tried the same tactic here in Massachusetts. It was shortlived and pretty pathetic given the lameless of their rationale. Each state has laws that govern the requirements for obtaining a marriage license and for denying one. "Recognition of a marriage outside of the Commonwealth" is not one of the reasons that can be used to deny a license here. Is there something in Canadian law that allows a marriage license to be denied because the marriage would not be recognized somewhere else? Divorce is trickier. Again, the laws of the state or country of jurisdiction prevail. In Mass, both straight and gay couples have to adhere to certain requirements in filing for divorce. Residency is just one of them.

01-12-2012, 10:57 AM	#10
Words Member How Do You Identify?: Queer femme submissive Relationship Status: Married Join Date: Nov 2009 Location: UK Posts: 969 My Photo Gallery Thanks: 1,449 Thanked 4,259 Times in 677 Posts Rep Power: 21474852	Blue (US) and I (UK) heard when W/we got married in Vancouver in 2004 that should W/we ever decide to divoce, one of U/us would have to live in Canada for a year beforehand. Since neither of U/us would ever be able to do that, it's probably the main reason W/we're still together Seriously, though, it's taken them this long to come up with this? It's nuts. Words