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

[Kobi]

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]

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.

[betenoire]

Justice Minister vows to clarify laws on same-sex marriages

The federal government will consider changing the law to ensure non-residents married in Canada can obtain divorces, Justice Minister Rob Nicholson said Thursday afternoon.

Wading into a controversy that has quickly blown into an international cause célèbre, Mr. Nicholson made assurances the government “has no intention of reopening the debate on the definition of marriage.”

He said that under the current laws, the marriage in the case at the centre of the controversy cannot be dissolved in Canada in spite of the fact that the couple was wed in Toronto in 2005.

“I will be looking at options to clarify the law so that marriages performed in Canada can be undone in Canada,” Mr. Nicholson said.

and further down:

The reversal of federal policy was 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.

So yeah, one lawyer said it. That doesn't make it law, it just makes him an asshole. (Why do none of the articles give his name?)

[Corkey]

WTF?? Seriously this is fucked up!! I go online and find out some asshat has dissolved my marriage WITHOUT our consent!! WTF???

http://unicornbooty.com/blog/2012/01...g-dan-savages/

[suebee]

Now let's not get too excited about this yet. This is a conservative government. They can't really open up the debate on marriage equality again since it was a decision that went all the way to the Supreme Court that forced all the provinces to recognize the right of same-sex couples to marriage. This is just a back-handed tactic to appease the right-wingers. It will never stand up in court when it's challenged. If there is no residency requirement to get married then they cannot refuse a marriage license. If they refuse the license they are contravening the decision made by the Supreme Court some ten years ago. If they allow the marriage, they cannot refuse the divorce saying that the marriage didn't exist. This is right-wing politics Canadian-style. This decision will. not. stand.

Sue 's marriage is LEGAL!

[foxyshaman]

Originally Posted by suebee

Now let's not get too excited about this yet. This is a conservative government. They can't really open up the debate on marriage equality again since it was a decision that went all the way to the Supreme Court that forced all the provinces to recognize the right of same-sex couples to marriage. This is just a back-handed tactic to appease the right-wingers. It will never stand up in court when it's challenged. If there is no residency requirement to get married then they cannot refuse a marriage license. If they refuse the license they are contravening the decision made by the Supreme Court some ten years ago. If they allow the marriage, they cannot refuse the divorce saying that the marriage didn't exist. This is right-wing politics Canadian-style. This decision will. not. stand.

Sue 's marriage is LEGAL!

Agree with you Suebee. One lawyer's opinion does not change the Supreme Courts ruling.

Our premier at the time was hell bent on not allowing gay marriage. But this is also the premier who got drunk around christmas time, went to a homeless shelter, threw around money and told "those lazy assholes to get a job". Oh the "good ol' boy" days.

[suebee]

Originally Posted by foxyshaman

Agree with you Suebee. One lawyer's opinion does not change the Supreme Courts ruling.

Our premier at the time was hell bent on not allowing gay marriage. But this is also the premier who got drunk around christmas time, went to a homeless shelter, threw around money and told "those lazy assholes to get a job". Oh the "good ol' boy" days.

Oh yeah. I remember him. His worst vitriol was usually reserved for the "bums from the Maritimes". Uh - that would be ME! lol

Harper has to show his colours now and again - even if he knows that, in the end, nothing will come of it. I wonder how much of our tax dollars are going towards this frivolity?

[EnderD_503]

Originally Posted by foxyshaman

Agree with you Suebee. One lawyer's opinion does not change the Supreme Courts ruling.

Our premier at the time was hell bent on not allowing gay marriage. But this is also the premier who got drunk around christmas time, went to a homeless shelter, threw around money and told "those lazy assholes to get a job". Oh the "good ol' boy" days.

Although it's "only one lawyer" from the Department of Justice according to the articles, I really don't doubt that all the other conservative "good ol' boys" (including Nicholson himself, despite what he might say to the press) weren't in the dark about this and that they supported this "lone layer" testing the waters. A random Department of Justice lawyer isn't going to make such a huge proclamation that would affect thousands of marriages on Canadian soil without getting some kind of "ok" from a head honcho. Like others have said, Harper and co. show their true faces from time to time and anyone with a brain can see through it, but in front of the press they're snakes in the grass. Unlike the American breed of far right evangelist fundies who rave their bigotry from the rooftops, our breed are much more subtle, which is what allowed these previous Canadian Alliance bros to get into power in the first place.

So yeah, Supreme Court will likely reject it, I agree, but they still like to test the boundaries as far as how much they can even temporarily hinder same-sex marriage rights without outright waging war on it as they did before same-sex marriage laws were passed. It's the same as the whole Planned Parenthood fiasco. Harper kept his "PR face on" while Brad Trost and co. ranted and raved about how funding to International Planned Parenthood had already been cut. The application for funding was sitting on Oda's desk for over a year with no response, and they only got their funding after a stink was made about it. Same thing here. If nobody notices they'll passively allow certain rights to fall by the wayside, but as long as people notice they'll claim it was a "mistake" or a "lone" perpetrator and wait for another day to do the same until people believe "they would never do such a thing." But let's not kid ourselves. Shit like this will continue to happen. And as for the Supreme Court. The Harper government's two new appointments so far were right-leaning as expected, and he's got the opportunity to continue to stack the Supreme Court with at least two more appointments by the next federal election. So while it doesn't seem likely now, I sometimes do wonder about the changing face of the Supreme Court under his government.

*waits to be accused of being a conspiracy theorist*

But as for this particular fight. Yeah, I agree. This will die in Supreme Court.

[Corkey]

We don't live in Canada, close but not in it, and it isn't legal in this state. This sucks and is making me ballistic.