An Anniversary For Equality in Canada

June 10th was the 5th anniversary of the landmark court ruling in Canada that paved the way for same-sex marriage now being legal all across the nation. In the Toronto Globe and Mail (hat-tip to Freedom to Marry), the lead attorney for the case reflects on the impact of that ruling.

Nobody expected that the judgment would have immediate effect. We argued for it – begged for it, truth be told – but between counsel felt that there was little prospect of an immediate remedy. That was the beauty of Halpern and the genius of Roy McMurtry, then the chief justice of Ontario. The judgment had immediate effect. Marriages proceeded. And everybody went on television and said “the genie is out of the bottle,” “the toothpaste is out of the tube,” “the horses are out of the barn” and, well, so it was. Just seven days after the judgment, the federal government announced that it would not appeal.

Nothing prepared us for the backlash and media saturation. For almost the entire summer of 2003, the newspapers were consumed by gay marriage, day after day of front-page stories, for weeks and weeks, tirades by those in opposition, threats by sociologists and “ethicists” about “the end of marriage” or “the rights of children to have a mother and a father,” and volumes of ranting and downright hateful letters to the editor. Few appeared to recognize that, at least legally and, well, practically, too, it seemed, the matter was decided.

It's estimated that about 15,000 gay or lesbian couples have been married in Canada since June 17, 2003. In Toronto, 4,650 licences had been issued to same-sex couples at the end of 2007, making up 6 per cent of the total issued in the period. Marriage rates have not declined. Divorce rates have not increased. The English language seems to have no problem accommodating the concept (in fact, several dictionaries have been amended). Nobody seems to be forcing churches to do things they don't want to do.

Other signs of the breakdown of the family, whatever that means anyhow, are not apparent. The opposing interest groups, including some big-spending American traditional family forces, have publicly announced their retreat. Of course, what that data doesn't show is that individual lives have changed. I have experienced and heard about my share of gay and lesbian weddings, all different and yet, often so similar. Again and again, couples speak of authenticity, and of greater feelings of citizenship and inclusion in families and communities. They tell of neighbours sewing their dresses, reuniting and acceptance with family members, the importance of the public declaration, the effect of the event on their relationships with others.

The wedding stories are poignant and astonishing. I continue to be awed. I don't want to leave the impression that discrimination has been eradicated, but things are just a little different. You can feel it in our cities. Not just on Church Street or Ste-Catherine, although you can feel it there, too. Yes, the pace of progress is slow, but today, on the fifth anniversary of Halpern, let's just celebrate that it worked. The Charter is not just some academic document.

Today, five years later, as the judgment continues to change lives here and internationally, I simply say: Indeed. How proud we all should be that the Canadian vision of equality and freedom has life and meaning. And wings.

Recognition of basic human rights for ALL people is indeed something to be proud of.

You can read the rest of the article here.