Marriage Rights To Same Sex Couples example essay topic

As time passes the needs of society's attitudes and values changes; morality changes. For instance, today's society does not have the same needs and concerns as society in the 1950's. As society changes, so should the law. When cars were invented the law had to change to accommodate this change in lifestyle. It should be the same with homosexuality. As each year passes the number of gays, who admit they are gay, or come out of the proverbial "closet" increases.

As acceptance of sexual orientation becomes less rare and more accepted our laws should change as well. There are a number of people who are gay in Canada today, who would like to have the same spousal and marriage rights as heterosexuals. It is not right to discriminate by giving heterosexuals greater rights than homosexuals. We are suppose to be living in a country where everyone has equal rights and freedoms no matter your sexual preference. There are many gay and lesbian couples who would like to have the same benefits and marriage laws as heterosexual couples. This essay will outline equal rights, the status of gay marriage and spousal rights as it stands now, the changes that have been made over time and what future changes are necessary in order to give gays and lesbians equal rights.

Canada should give gays and lesbians the same spousal and marriage rights as heterosexuals. Many Canadian Acts and Bills need to change to reflect this change in society's acceptance. Canada is slowly recognizing gay and lesbian marriage and spousal rights but there are still many changes that need to be made in order for their to be equality among heterosexuals and homosexuals... Gay marriage rights and spousal rights are a continuing important issue in our society because the gay community keeps on growing and expanding. Homosexuals are not asking for any kind of special treatment, they are just looking for the same rights as heterosexuals. The changes the gay community is looking for are as follows: 1.

The right to choose any marriage partner 2. The right to choose a marriage partner who is not a citizen of our country, and have it almost automatic that they be allowed to live in our country with them. 3. The right to visit your partner in hospital, even if the partner's blood family does not like you. 4. Income tax deductions for couples.

5. Pension benefits and other spousal benefits such as company medical and dental plans. 6. Wherever the term "spouse" appears in law, it also apply to gay couples who have formed a legally recognized union.

7. The right to custody of children by a previous heterosexual marriage. 8. The right to adopt children.

9. The right to claim their partner or their partner's children as dependents on income tax forms. 10. The right to transfer retirement savings plans to surviving homosexual partners without paying taxes the way heterosexual couples can. 11. Same-sex couples should not be forced to testify against each other, just as heterosexual couples are protected.

Gays are not asking for special treatment but demand to have the same rights as heterosexuals. In some provinces in Canada, gays have some of these rights; in Ontario, British Columbia, Alberta and Nova Scotia it is legal for same-sex couples to adopt. Now there are some rights that gays have and heterosexuals do not, but the gay community is willing to give up this special treatment for the above changes. Gay acceptance in Canada has been evolving over the past 35 years.

It began in 1965 when, Everett Klippert acknowledged to police that he was gay and that he had had sex with men over a 24-year period, and it was unlikely for him to change. This was a major step towards gay rights, because until then no one ever talked openly about being gay. Also back then, it was illegal to be gay and in 1967 Klippert was sentenced to prison indefinitely as a "dangerous sex offender". But then in 1969, Pierre Trudeau made amendments to the Criminal Code decriminalizing homosexuality in Canada.

So on July 20th, 1971 Everett Klippert was released from prison. Then in 1979, the Canadian Human Rights Commission recommended, in its Annual Report that "sexual orientation" be added to the Canadian Human Rights Act. But sadly in 1980, Bill C-242, an act prohibiting discrimination on grounds of sexual orientation, which would have inserted "sexual orientation" into the Canadian Human Rights Act did not pass in the House of Commons. Similar bills were introduced by MP Svend Robinson in 1983, 1985, 1986, 1989, and 1991 but all the proposed bills were defeated. More steps towards equality for homosexuals, were made when in 1995 a Ontario Judge found that the Child and Family Services Act of Ontario infringes section 15 of the Charter, by not allowing same-sex couples to bring a joint application for adoption.

This made Ontario become the first province to make it legal for same-sex couples to adopt. In 1996, the federal government passed Bill C-33, which added "sexual orientation" to the Canadian Human Rights Act. In July of 2002, for the first time a Canadian court ruled in favor of recognizing same sex marriages under the law. The Ontario Superior Court ruled that prohibiting gay couples from marrying is unconstitutional and violates the Charter of Rights and Freedoms.

The court gave Ontario two years to extend marriage rights to same-sex couples. Ontario decided not to appeal the court ruling, saying only the federal government can decide who can marry. In August of 2002 Toronto City Council passed a resolution calling the common-law definition restricting marriage to opposite sex couples discriminatory. These changes have all evolved time, and as Canada's gay community got larger equal rights were slowly given.

It should be the same with marriage and spousal rights. Now that a significant portion of society is gay, they should have the legal right to get married and share benefits that heterosexual couples share. Just like when Prime Minister Pierre Trudeau decriminalized homosexuality, Prime Minister Jean Chretien should give homosexuals marriage and spousal rights. Canadian citizens have taken the big steps toward homosexuals having the same marriage and spousal rights.

In May of 1995 the Supreme Court of Canada ruled in the case of James Egan and John Nesbit V. Her Majesty The Queen in Right of Canada. These two gay men sued Ottawa, for the right to claim a spousal pension under the Old Age Security Act. The court ruled against Egan and Nesbit. However, all nine judges agreed that sexual orientation is a protected ground and that the protection extends to partnership of lesbians and gay men.

In May of 1999, the Supreme Court of Canada ruled that same-sex couples should have the same benefits and obligations as opposite-sex common-law couples and equal access to benefits from social programs to which they contribute. The ruling centered on the "M V. H" case which involved two Toronto women who had lived together for 12 years. They met on vacation and when they returned to Toronto, they jointly started up an advertising business. When the couple broke up in 1992, "M" sued "H" for spousal support under Ontario's Family Law Act. She qualified for support in all respects but one; her relationship was homosexual.

The problem was that, the act defined "spouse" as either a married couple or "a man and woman" who were unmarried and have lived together for no less than three years. The judge ruled that the definition violated the Charter of Rights and Freedoms and declared that the words "a man and woman" should be replaced with "two persons."H" appealed the decision. The Court of Appeal upheld the decision and gave Ontario one year to amend its Family Law Act. Although neither "M" nor "H" chose to take the case any further, Ontario's attorney general was granted leave to appeal the decision of the Court of Appeal which brought the case to the Supreme Court of Canada. The Supreme Court of Canada ruled in a decisive 8-1 judgment, that the Ontario Family Law Act's definition of "Spouse" as a person of the opposite sex is unconstitutional as was any provincial law that denies equal benefits to same-sex couples. Ontario was given six months to amend the act.

So on October 25th, 1999 Attorney General Jim Flaherty introduced Bill 5 in the Ontario Legislature. This act amended certain statutes because of the Supreme Court of Canada decision in the M V. H case. Instead of changing the province's definition of spouse, which the Supreme Court essentially struck down, the government created a new same-sex category, changing the province's Family Law Act to read "spouse or same-sex partner" wherever it had read only "spouse" before. Bill 5 also amended more than 60 other provincial laws, making the rights and responsibilities of same-sex couples mirror those of common-law couples. All this changed because of one woman who wanted the same benefits as a heterosexual woman would have had in this same situation. In 1967 Pierre Trudeau said, "There is no place for the state in the bedrooms of the nation".

Canada is slowly recognizing gay marriage rights and is slowly giving gays and lesbians the same spousal rights as heterosexuals. Everyone should have equal marriage and spousal rights whether your gay or straight, it should not matter. Canada is a country where every citizen matters, and where the people's credo is it would rather, "have 10 guilty people go free, then one innocent person be put in prison". Shouldn't that same principle apply here. When the Supreme Court of Canada made their decision on M V. H they said "Gay couples are no different than heterosexual couples in their ability to share loving unions and suffer tragic breakdowns in those relationships". Everyone should have the same opportunities after a relationship of rather long standing ends.

The government is slowly realizing that a portion of society is gay and that they should have the same rights as the rest of the population. Hopefully in the near future Canada will have total equality no matter what your sexual orientation.

Bibliography

1. web 2. web 3. web 4. web 5. web 6. Bourassa, Kevin. Just married: gay marriage and the expansion of human rights. 2000 7.
Canadian and World Encyclopedia. 1998 8.