Same-sex marriage in Prince Edward Island

Same-sex marriage in Prince Edward Island has been legal since July 20, 2005. The province began the process of updating its laws to recognize same-sex marriage after the passage in the House of Commons of Canada of the Civil Marriage Act, the federal law recognizing such marriages. It had been one of only four provinces and territories, with Alberta, the Northwest Territories and Nunavut, where same-sex marriage had not already been legalized by court challenges prior to the passage of the law.[1][2]

  Same-sex marriage in Canada
Legal
Reference Re Same-Sex Marriage
Halpern v Canada (AG)
Civil Marriage Act
Parliament
38th House · 38th Senate
39th House · 39th Senate
Same-sex marriage by province
Related
Civil unions in Quebec
Adult interdependent relationship in Alberta
Domestic partnership in Nova Scotia
Common-law relationships in Manitoba
Marriage
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Background

On December 10, 2004, Premier Pat Binns stated that his Government would wait for federal legislation to resolve the issue. It is unclear how Binns would have reacted if a provincial court had found the man-woman definition of marriage in violation of the Charter rights of gays and lesbians.[2]

Provincial legislation

After the House of Commons of Canada passed the Civil Marriage Act in June 2005, provincial Attorney-General Mildred Dover announced that the province would bring provincial legislation in line with the law, which passed through the Senate in July and received royal assent the next day on July 20, 2005.[3]

However, Ms. Dover announced that same-sex marriage licences would not be issued until the province's laws were updated.[4] This was different from how the process has worked in other provinces; in those where courts called for same-sex marriage, and in Alberta after the Civil Marriage Act was passed.

Complaints immediately arose charging that the delay imposed by the province was illegal and violated the legal rights of same-sex couples. In response to these complaints, the province reversed its position. The first same-sex couple to wed on Prince Edward Island were Dr. Chris Zarow and Constance Majeau on August 20, 2005, as reported by the Charlottetown Guardian.[2]

In May 2008, provincial law was finally updated and brought in line with federal legislation. A bill amending the Marriage Act, the Adoption Act and many other acts was given royal assent. It replaced the words "husband and wife" with the gender-neutral term "spouses" in the Marriage Act. The Adoption Act was amended by allowing same-sex couples to adopt children jointly.[5] The law took effect on 19 December 2009.[6]

References
  1. "P.E.I. proclaims same-sex marriage amendments". Charlottetown: Canadian Broadcasting Corporation. 21 December 2009. Archived from the original on 2011-03-10. Retrieved 10 March 2011.
  2. "Same-sex marriage in the province of Prince Edward Island, Canada". Kingston: Ontario Consultants on Religious Tolerance. 9 July 2005. Retrieved 10 March 2011.
  3. (Globe and Mail) Archived July 9, 2005, at the Wayback Machine
  4. "P.E.I. at a loss for words over same-sex marriage". Charlottetown: Canadian Broadcasting Corporation. 22 July 2005. Archived from the original on 2011-03-10. Retrieved 10 March 2011.
  5. "Domestic Relations Act" (PDF). Prince Edward Island Legislative Assembly. Retrieved February 13, 2016.
  6. TABLE OF PUBLIC ACTS


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