SAME-SEX MARRIAGE IN CANADA: CONTRIBUTIONS FROM THE COURTS, THE EXECUTIVE AND PARLIAMENT
Authors: GEE, GRAHAM; WEBBER, GRÉGOIRE C.N.
Source: King's Law Journal, Volume 16, Number 1, 2005 , pp. 132-143(12)
Publisher: Hart Publishing
Abstract:The same-sex marriage debate in Canada has involved all three branches of government, including judgments from several provincial courts of appeal ruling the traditional definition of marriage to be contrary to the equality provision of the Canadian Charter. However, the Supreme Court has recently reversed this trend in declining to answer the question at the heart of the debate; namely, whether equality between same-sex couples and opposite-sex couples requires that both have a claim to marriage. The authors argue that the Supreme Court, having opted to leave the debate to the political branches, has exercised the sort of decisional minimalism apt for such a contentious social and political question
Document Type: Research Article
Publication date: January 1, 2005
- Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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