While sad that the marriage dissolved (from what I've followed in the case, the couple were together 10 years, got married June last and seperated a couple of months later; an oddity in and of itself), what is profound is the wording used by the judge who granted the divorce: " 'The definition of a spouse [man and woman] is unconstitutional, inoperative and of no force and effect,' [Justice] Mesbur said.
I've copied the full article below, as CTV links tend to expire rather quickly.
Ontario judge grants first same-sex divorce
CTV.ca News Staff
In putting an end to one of Canada's first lesbian marriages, an Ontario judge has struck down sections of Canada's Divorce Act.
Justice Ruth Mesbur's ruling came in the case of a couple known in court documents as M.M. and J.H.
They were of the first same-sex couples to tie the knot under Ontario's revised marriage laws. They tied the knot on June 18, 2003 -- the week after the Ontario Court of Appeal legalized same-sex marriage in the province.
In June, they filed for divorce with Ontario Superior Court of Justice, shortly after signing an official separation agreement.
However, the Divorce Act states that only spouses, defined as a man and a woman, can get divorced. That put same-sex couples in the bizarre position of being able to get married but unable to legally split up.
"The definition of a spouse is unconstitutional, inoperative and of no force and effect," Mesbur said.
Lawyer Martha McCarthy, who represented one of the women, said the ruling is historic.
"We believe that this is not just the first gay or lesbian divorce in Canada, but actually the first gay or lesbian divorce in the world," McCarthy said.
When news of the case broke in July, Justice Minister Irwin Cotler agreed with lawyers for the couple that the Divorce Act as it stood was unconstitutional.
The federal government is awaiting an opinion from the Supreme Court of Canada on same-sex marriage, before going ahead with changes to laws.
However, courts in the provinces of Ontario, Quebec, and British Columbia have already legalized same-sex marriage.
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Peace!!
Patches
Our wedding vows: Life Love Everlasting, Always Intertwining. - Sunday June 27, 2004 :)
Out
Out
Out
---often boasts in interviews about a rural, conservative area of her native New Zealand, which elected trans (MTF) Member of Parliament. See what I mean about a trend?