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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Canada: First Same-Sex Divorce Occurring

Thursday July 22, 2004
Just as gay marriage is becoming a reality, gay divorce must also become a reality. No one expects gay marriages to last any longer (on average) than marriages for straight couples? The first gay divorce in Canada is making news because the divorce laws haven't caught up to the marriage laws.

Gay.com reports:

Though same-sex marriage is legal in four Canadian jurisdictions, the country's divorce laws have not yet been changed to include same-sex couples. One of the women, M.M., has petitioned the Ontario Superior Court of Justice to change the definition of "spouse" in the province's Divorce Act. The law currently defines "spouse" as "a man and woman who are married to each other." Through her attorney, Martha McCarthy, M.M. has asked to have the words "to each other" removed.
"If that doesn't happen, it is not possible for same-sex couples to divorce," said attorney Julie Hannaford, who represents J.H. in the case. "That is their dilemma," Hannaford said in a Toronto Star report. "They are married, they both want to have their marriage dissolved and they both want to get on with their lives; and right now, they can't."

It’s an interesting dilemma. The two are legally married, but they can’t get divorced! Unless the laws are changed, these two are stuck with each other. I’m sure the laws will be changed — there’s no reason why they won’t be — but I wonder how long it will take...

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