Gay Marriage and Gay Divorce
Gays in many of the states in the U.S. cannot get married unlike gay couples in Canada. In Canada, gays have all the same rights as heterosexual couples when it comes to marriage and divorce. The law in Canada was changed in 2005.
The law varies from state to state. Marriage licenses are issued in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire (begins January, 2010) but not in any other states. California is in a bit of a mess. They passed a law allowing same sex marriage but Proposition 8 squashed that development. The National Conference of State Legislatures has the details of the law on a state by state basis.
In Canada, our constitution defines divorce as being a federal power so the law is the same throughout Canada.
So, what does this mean for gay couples wishing to marry in a state that does not allow it?
Gideon Alper notes in his blog called Gay Couples Law Blog that some gay couples come to Canada to get married if it is illegal to do so in their home state. That makes sense.
As Nancy Van Tine notes in her blog, Maine recently rejected same sex marriage, but since Canada is just a quick flight away from Maine (or long drive), it is easy for a gay couple in Maine to slip up to Canada to get married and all is well. Right?
The problem is that not all gay marriages are "happily ever after" either. Divorce happens...
If you can't get married in a state, then you can't get divorced there either. So, if you are a gay couple who now wants a divorce in Maine, you can't get it. You might think a quick trip back to Canada would be all that's necessary. Not so fast! That won't work either!
You have to have been living in one province in Canada for at least one year to be able to ask for a divorce in that province. So, you are caught in what Barbara Findlay calls in her article in Lawyers' Weekly a "divorce catch-22". Married, wanting a divorce, and you can't get one.
The law is intended to dispense "justice" yet once again the frailties of the law are obvious. If you're a same sex couple living in Maine, you can get married in Canada but you are stuck married unless you move to another state or to Canada. Can you imagine?
Weird eh?
I live in a state that does not allow gay marriage. We went to CT got married in the spring of 2009. It was is over by the summer of 2009. We both now live in two different states currently. Neither state allow gay marriage. I have met a man, whom In the future want to marry. Is that possible still? What can I do to end my marriage with my ex?
Hi Louis,
You will have to ask a lawyer in your state. To obtain a divorce in this province of Canada, you have to have lived here for at least one year. Perhaps there are states where you don't have to live in the state for as long as that to obtain a divorce. Perhaps you should ask a CT lawyer.
Brian Galbraith
pelo que en entendi eles lutam para se casar para depois pedir o divorcio
Since this was written, has the Ontario government made ANY moves to re-write its divorce law to allow divorces by non-residents who married there?
It is unfair to force a gay couple to remain in a broken marriage. This one-year residency requirement is discriminatory.
Most states in the U.S. don't recognize gay marriage and none have gone on record as willing to grant a divorce for a couple married in Ontario.
I was married in Toronto in 2005. He left in 2007. It is now almost the end of 2010 and I am still not able to get a divorce in Canada. Neither one of us is going to live in Canada for a year anytime soon. I really hope this one-year residency requirement is put to an end.
Being as though the last post was about a year, I take it that the laws of Ontario hasn't changed, uh?
I was married in Toronto in 2005 and the marriage ended this year. I have no desire to live in Canada based on locating job and all family and friends live in the States. Living in PA where they don't recognize the marriage.
So I am left with no choice of still being married based on Canadian laws.