Civil Marriage Act
Civil Marriage Act
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Civil Marriage Act

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Civil Marriage Act

The Civil Marriage Act (French: Loi sur le mariage civil) is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta, Prince Edward Island, the Northwest Territories, and Nunavut.

It was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. It passed the House of Commons on June 28, 2005, and the Senate on July 19, 2005. The Act became law when it received Royal Assent on July 20, 2005.

This is the Act's official legislative summary:

The short title (Civil Marriage Act) is defined in Section 1. Sections 2 through 4 form the substance of the Act, and were the key points of contention during its debate in the House of Commons and the Senate. Section 3.1 was added with an amendment during the committee stage and was subsequently adopted by the House of Commons.

The remaining sections are "consequential amendments" that simply adjust the wording of existing acts to conform to this one.

As a government bill, C-38 represented the official position of Paul Martin's Liberal government and the cabinet were thus bound to vote in its favour. Liberal backbenchers and members of the Conservative Party and Bloc Québécois had a free vote. In accordance with its party policy on LGBT rights, the New Democratic Party (NDP) whipped its members in favour. Bev Desjarlais defied the whip and was removed from her critic position. (She was not nominated for the next election by her riding association, and subsequently chose to sit as an independent for the remainder of the session.) Conservatives tended to vote against the Act, while Bloquistes tended to vote in favour. At least two cabinet ministers stepped down to vote against the bill. Joe Comuzzi resigned just hours before the final vote on the Act, and Martin lamented his leaving. As expected, Comuzzi voted against the Act.

The composition of Parliament was such that the prevailing opinion among political commentators indicated the bill would likely pass the House (see a detailed analysis at members of the 38th Canadian Parliament and same-sex marriage). Although there was some challenge to it, this opinion was verified with a 158–133 vote at third reading in the House of Commons on June 28. The bill passed in the Senate on July 19, with a 47–21 vote, with three abstentions.

The bill was given its first reading on February 1, 2005, after its introduction by Justice minister Irwin Cotler. C-38 was written on the basis of a draft bill produced by then-Justice minister Martin Cauchon in 2003, which had been submitted to the Supreme Court of Canada in December 2004 as the reference question Re: Same-Sex Marriage.

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