Wedding for all in Canada: 20th anniversary of a historic law

On July 20, 2005, Canada became the fourth country in the world to legalize marriage between people of the same sex after Belgium, the Netherlands and Spain.

Two decades later, the legalization of homosexual marriage may seem acquired. However, there are only nearly 40 countries that have legalized marriage for everyone to date, some of them just a few years ago, for example the United States in 2015 or Thailand in 2024.

This historic victory for activists who asked to be recognized as all citizens was carried out thanks to fierce struggles, including groups and organizations, explains Line Chamberland, sociologist and professor in the Department of Sexology at theUqam.

Among the important actors of this key event, the Federal Minister of Justice at the time, Irwin Cotler, says he remembers what he describes one of the most beautiful moments of [sa] career of Minister of Justice and Attorney General. Two years after the adoption of this law, the daughter of one of his closest friends confided in him during a gathering in a synagogue to tell him this: I want to thank you.

I did not know why she thanked me and she said to me, “You don’t know it, but I am a lesbian, and this law allowed me to get married. I speak in the name of all those who, like me, can now get married and see their recognized relationships.”

Mr. Cotler said that many people have testimonies of the same kind after July 20, 2005 pour [lui] To say how much this law had transformed them into their life, with their partner and with their family. For me, it was a source of inspirationhe said.

Heated debate

Already in 2005, eight Canadian provinces had started their own steps to legalize the Union between people of the same sex, Ontario first, in 2003. However, conjugality is a shared competence between government orders: the factual unions fall under the provinces, but marriage is federal.

The federal law on civil marriage was not unanimous and caused A very controversial debate, which really reflected the diversity of Canada in all its best expressions at the time. We were able to lead a dialogue between Parliament, the courts and the citizensRaconte Irwin Cotler.

I remember that a group of rabbis had come to tell me not to go ahead with this bill which went against the Jewish religion. They told me that I had to resign and that I should not, as a Jew, preside over the adoption of this law. I replied that I was Minister of Justice and Attorney General, but the fact that I was Jewish or not had no importance.

Mr. Cotler was a deputy for the riding of Mont-Royal in Montreal, known to have a strong Jewish and Muslim population. A faithful encountered in a mosque while the deputy made a courtesy visit had also expressed his opinion against this bill for religious reasons.

On this question, I gathered them, Jews and Muslims! launched Irwin Cotler to the joke.

If some were opposed to it, a very clear majority of the population supported this bill, according to Line Chamberland. This important step increased visibility and facilitated the acceptance of those around them people queersshe says.

For Cynthia Eysseric, Director General of the Quebec Lesbian Network, The advantage of this law is that it offers a choice, and that’s what is really important, because before, we had no choice.

Olivia Baker, trainer and content specialist at the Emergence Foundation, abounds in this direction. I remember that when I was little, the idea of being able to marry a woman was not possible. It was not in the field of possible, of the imaginationadds this thirties.

There are still many generations, finally, who grew up in a world where it was not yet possible.

Social legitimacy

This legislative change had two effects for community members 2ELGBTQQIA+according to Olivia Baker. First of all, the symbolic effect of recognizing homosexual couples like the others […] made it possible to normalize the situation of these people.

Marriage comes to give legislative recognition, but it also becomes a social symbol, because when the state known as “you can get married”, that means: “We recognize your couples, you have the right to exist”explains the sociologist Line Chamberland.

When there are laws or government actions that are implemented, it can really have an impact of legitimacy or, conversely, ensuring that hatred increases.

Public support for homosexual marriage in Canada increased from 41 % in 1997 to 74 % in 2017, according to a survey carried out by CROP.

For any social advance, it must always be remembered that social acceptance and legal acceptance must walk hand in hand so that it worksadds Olivia Baker.

Legal rights

The other beneficial effect that this law has had the recognition of legal rights, for example parental rights. Marriage for all does not distinguish between the rights of children from heterosexual or homosexual couples.

The same sex couples also benefit from advances in marital law. In the 1980s and 1990s, a global AIDS epidemic particularly struck the cheerful community and, as relations [de couple homosexuelles] Were not recognized, there were a whole series of discrimination which ensued, as if to go to the hospital, consent to care or even the possibility of visiting your partnerreports Ms. Chamberland.

Couples had very concrete problems, such as inheritance tax or hospital visit rightsadds Olivia Baker.