Same-sex marriage in Quebec

Same-sex marriage in Quebec has been legal since March 19, 2004. Quebec became the third Canadian province (after Ontario and British Columbia) and the fifth jurisdiction in the world to open marriage to same-sex couples.

  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
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

Court ruling

On March 19, 2004, the Quebec Court of Appeal ruled similarly to the Ontario and British Columbia courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately.[1] The couple who brought the suit, Michael Hendricks and René Leboeuf, immediately sought a marriage licence; the usual 20-day waiting period was waived, and they were wed on April 1 at the Palais de justice de Montréal. The couple had brought suit against Quebec in November 2001, alleging that its refusal to perform and recognise same-sex marriage violated the Canadian Charter of Rights and Freedoms.[lower-alpha 1] The Quebec Superior Court ruled in the couple's favour on September 6, 2002, though the ruling would not take effect until March 19, 2004, when the Court of Appeals ruled that same-sex marriage licenses must be issued immediately.

The Quebec decision meant that more than two-thirds of the Canadian population were living in provinces where same-sex marriage is legal. Subsequent cases, as well as federal legislation, have expanded this number to cover the entire country.

Provincial legislation

Civil unions
Main article: Civil unions in Quebec

In 2002, the National Assembly of Quebec unanimously passed a bill legalizing civil unions (French: union civile) for both same-sex and opposite-sex partners, offering many of the same rights, benefits and responsibilities as marriage.[4] The law includes the right for couples in civil unions to adopt children jointly. Civil unions are performed by court clerks, notaries, mayors, members of municipal councils or borough councils, municipal officials or authorised religious officiants. Once the document is signed by both partners and the witnesses, the union is formally registered with the Director of Civil Status. Quebec civil unions are not recognised in other parts of Canada or other countries.

Marriage

In November 2004, An Act to amend the Civil Code as regards marriage (French: Loi modifiant le Code civil relativement au mariage) was enacted, amending the Civil Code of Quebec to replace references to "husband and wife" with "spouses" and permit civil unions to be converted to marriages.[5] Quebec became the first province in Canada to bring its laws in line with the legalisation of same-sex marriage and add a gender-neutral definition of spouse in its marriage laws.

Marriage and civil union statistics

From 2004 to 2019, 8,766 same-sex marriages were performed in Quebec, representing about 2.4% of the total marriages.[6] There were also 1,218 same-sex civil unions (from 2002 to 2019), representing about 28% of all civil unions.

The following table shows the number of marriages and civil unions celebrated in Quebec, as per data published by the Institut de la statistique du Québec.

Marriages and civil unions in Quebec[6]
Year Same-sex marriages Total marriages % same-sex Same-sex civil unions Total unions % same-sex
Female Male Total Female Male Total
2002-----698715616694.0%
2003-----13414027434280.1%
20049714824521,2791.15%31487917944.1%
200517327845122,2442.03%24355917234.3%
200627234962121,9562.83%19345321624.5%
200721625146722,1472.11%17264324117.8%
200818626244822,0532.03%25446927025.6%
200922229151322,5882.27%26285423922.6%
201023428151523,1992.22%19365528019.6%
201125623749322,9032.15%27325924024.6%
201225925551423,5042.19%26335928820.5%
201330628659223,1812.55%23275029017.2%
201429128657722,4292.57%20173724015.4%
201528531560022,4412.67%15223722816.2%
201631734366021,9583.01%13132622311.7%
201733634367922,8832.97%17223921917.8%
201838532370822,8413.10%18173523714.8%
201936531868322,2463.07%14203420716.4%

Public opinion

A 2017 CROP poll showed that Quebec had the highest popular support for same-sex marriage in Canada, at 80%. Nationwide, 74% of Canadians found it "great that in Canada, two people of the same sex can get married". 26% disagreed.[7][8]

Notes
  1. French: Charte canadienne des droits et libertés; Cree: ᑳᓈᑖ ᑲᔅᒋᐦᐆᓐᐦ ᑲᔦᐦ ᑲᔦᐦ ᐃᐦᑑᑕᒧᐧᐃᓐᐦ ᐁᑳ ᒉ ᒌ ᐃᒉᓇᐦᑲᓅᑦ ᐊᐧᐁᓐ, Kānātā kaschihūnh kayeh kayeh ihtūtamuwinh ekā che chī ichenahkanūt awen;[2] Mohawk: Aoianerénhsera ne Iakoianerenhserá꞉ien tánon Aiontatewenní꞉iohake.[3]

References
  1. Same-sex marriage in Quebec
  2. "ᐁ ᐋᐸᒋᐦᑖᑲᓅᒡ ᐁᑎ ᐃᑎᔅᑳᓀᓯᒥᑯᒡ ᐊᔨᒧᐧᐃᓐ ᐁ ᐅᐦᒋ ᓂᔥᑐᐧᐄᔥᑕᑲᓅᒡ ᒉᐧᑳᓐ ᐊᓂᑌᐦ ᒋᔐᐅᒋᒫᐅᐧᐋᔅᑳᐦᐄᑲᓐ ᑲᔦᐦ ᐊᓂᒌ ᑳ ᒫᒨᐱᔥᑕᐧᑳᐤᐦ". ourcommons.ca (in Cree).
  3. "Tiohtià:ke Aoianerénhsera ne Iakoianerenhserá:wis tánon Iakoterihwaíen:nis" (PDF). ville.montreal.qc.ca (in Mohawk).
  4. "Bill n°84 : An Act instituting civil unions and establishing new rules of filiation". National Assembly of Quebec. Retrieved February 12, 2016.
  5. "Bill n°59 : An Act to amend the Civil Code as regards marriage". National Assembly of Quebec. Retrieved February 12, 2016.
  6. "Mariages et unions civiles selon le sexe des conjoints, Québec, 2002-2019". Institut de la statistique du Québec (in French).
  7. I find it great that in our society, two people of the same sex can get married, CROP Panorama
  8. Are you in favour of same-sex marriage? 74% of Canadians and 80% of Quebecers support it (and Death in Venice by Benjamin Britten)
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