When gay marriage legal canada
In 2005, the Marriage for Civil Purposes Act,[i] also known as Bill C-38, became law. This Act gives same-sex couples the legal right to marry, making Canada only the fourth country in the world to legalize same-sex marriages.[ii] Prior to this enactment, the courts in eight provinces[iii] struck down the traditional definition of marriage as a violation of section 15 of the Canadian Charter of Rights and Freedoms.[iv]
Traditional Definition of Marriage
The traditional definition of marriage was "the lawful union of one man and one woman to the exclusion of all others." In other words, only two people of distinct sexes could legally marry.[v]
Evolution of the Right to Same-Sex Marriage: A Little History
(a) Halpern v. Canada
The first landmark case was Halpern v. Canada[vi]. In this case, two same-sex couples were married in a religious ceremony at a Christian Church. The Ontario government, however, refused to register the marriages, arguing that the legal definition of marriage did not encompass same-sex marriages. The couples took the issue to court.
The Ontario Court of Appeal concluded that the traditional definition of marriage was a violation of th
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the society. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of collective, national and regional advocates and participate tools, resources, and lessons learned to empower movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the Joined Kingdom, the Together States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in 2025
Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effect January 1, 2025.
Table of Contents
Bill C-38, An Act respecting certain aspects of legal capacity for marriage for civil purposes, or the Civil Marriage Perform, received first reading in the Home of Commons on 1 February 2005. The bill codifies a definition of marriage for the first time in Canadian law, expanding on the traditional common-law understanding of civil marriage as an exclusively heterosexual institution. Bill C-38 defines civil marriage as “the lawful union of two persons to the exclusion of all others,” thus extending civil marriage to conjugal couples of the same sex.
Second reading debate on Bill C-38 occurred between 16 February and 4 May 2005, followed by Legislative Committee hearings from 11 May through 14 June. The Committee heard fundamentally divided testimony on the merits of the legislation from witnesses acting for various religious institutions and affiliated organizations or groups, representation groups for lesbians and gay men, spokespersons for traditional marriage, academics and legal experts.
The bill was reported endorse to the Home of Commons on 16 June, with one substantive government amendment and one opposition amendment to the bill’s preamble
Canada’s House of Commons OKs gay marriage
Canada’s House of Commons passed landmark legislation Tuesday to legalize queer marriage, granting same-sex couples legal rights equal to those in traditional unions between a man and a woman.
The bill passed as expected, despite opposition from Conservatives and religious leaders. The legislation drafted by Prime Minister Paul Martin’s minority Liberal Party government was also expected to easily transmit the Senate and develop federal law by the end of July.
The Netherlands and Belgium are the only other two nations that allow homosexual marriage nationwide.
Some of Martin’s Liberal lawmakers voted against the bill and a Cabinet minister resigned Tuesday over the legislation. But enough allies rallied to support the bill that has been debated for months, voting 158 to 133 to endorse it.
Praise from PM Martin
Martin praised Tuesday’s vote as a necessary step for human rights.
“We are a nation of minorities,” Martin said. “And in a nation of minorities, it is crucial that you don’t cherry-pick rights.”
There are an estimated 34,000 gay and lesbian couples in Canada, according to government statistics. Before the measure passed, gay m
Civil Marriage Act
S.C. 2005, c. 33
Assented to 2005-07-20
An Behave respecting certain aspects of legal capacity for marriage for civil purposes
Preamble
WHEREAS the Parliament of Canada is committed to upholding the Constitution of Canada, and section 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is matching before and under the law and has the right to equal protection and equal benefit of the law without discrimination;
WHEREAS the courts in a majority of the provinces and in one land have recognized that the right to equality without discrimination requires that couples of the same sex and couples of the opposite sex have identical access to marriage for civil purposes;
WHEREAS the Supreme Court of Canada has recognized that many Canadian couples of the similar sex have married in reliance on those court decisions;
WHEREAS only equal access to marriage for civil purposes would respect the right of couples of the same sex to equality without discrimination, and civil union, as an institution other than marriage, would not offer them that equal access and would violate their human dignity, in breach of the Canadian Charter of Rights and