Same-sex marriage in Quebec

Same-sex marriage in Quebec has been legal since March 19, 2004. Quebec became the third Canadian province (after Ontario and British Columbia) and the fifth jurisdiction in the world to open marriage to same-sex couples.

Court ruling

On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and British Columbia courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately.[1] The couple who brought the suit, Michael Hendricks and René Leboeuf, immediately sought a marriage licence; the usual 20-day waiting period was waived, and they were wed on April 1 at the Palais de justice de Montréal. The couple had brought suit against Quebec in November 2001, alleging that its refusal to perform and recognise same-sex marriage violated the Canadian Charter of Rights and Freedoms.[lower-alpha 1] The Quebec Superior Court ruled in the couple's favour on September 6, 2002, though the ruling would not take effect until March 19, 2004, when the Court of Appeals ruled that same-sex marriage licenses must be issued immediately.

The Quebec decision meant that more than two-thirds of the Canadian population were living in provinces where same-sex marriage is legal. Subsequent cases, as well as federal legislation, have expanded this number to cover the entire country.

Provincial legislation

Civil unions

In 2002, the National Assembly of Quebec unanimously legalized civil unions (French: union civile) for both same-sex and opposite-sex partners.[4] The law includes the right for couples in civil unions to adopt children jointly.

Marriage

In November 2004, An Act to amend the Civil Code as regards marriage (French: Loi modifiant le Code civil relativement au mariage) was enacted, replacing the words "husband and wife" with "spouses".[5] Quebec became the first province in Canada to bring its laws in line with the legalisation of same-sex marriage and add a gender-neutral definition of spouse in its marriage laws.

Marriage and civil union statistics

From 2004 to 2019, 8,766 same-sex marriages were performed in Quebec, representing about 2.4% of the total marriages.[6][6] There were also 1,218 same-sex civil unions (from 2002 to 2019), representing about 28% of all civil unions.

The following table shows the number of marriages and civil unions celebrated in Quebec, as per data published by the Institut de la statistique du Québec.

Marriages and civil unions in Quebec[6]
Year Same-sex marriages Total marriages % same-sex Same-sex civil unions Total unions % same-sex
Female Male Total Female Male Total
2002-----698715616694.0%
2003-----13414027434280.1%
20049714824521,2791.15%31487917944.1%
200517327845122,2442.03%24355917234.3%
200627234962121,9562.83%19345321624.5%
200721625146722,1472.11%17264324117.8%
200818626244822,0532.03%25446927025.6%
200922229151322,5882.27%26285423922.6%
201023428151523,1992.22%19365528019.6%
201125623749322,9032.15%27325924024.6%
201225925551423,5042.19%26335928820.5%
201330628659223,1812.55%23275029017.2%
201429128657722,4292.57%20173724015.4%
201528531560022,4412.67%15223722816.2%
201631734366021,9583.01%13132622311.7%
201733634367922,8832.97%17223921917.8%
201838532370822,8413.10%18173523714.8%
201936531868322,2463.07%14203420716.4%

Public opinion

A 2017 CROP poll showed that Quebec had the highest popular support for same-sex marriage in Canada, at 80%. Nationwide, 74% of Canadians found it "great that in Canada, two people of the same sex can get married". 26% disagreed.[7][8]

Notes

  1. French: Charte canadienne des droits et libertés; Cree: ᑳᓈᑖ ᑲᔅᒋᐦᐆᓐᐦ ᑲᔦᐦ ᑲᔦᐦ ᐃᐦᑑᑕᒧᐧᐃᓐᐦ ᐁᑳ ᒉ ᒌ ᐃᒉᓇᐦᑲᓅᑦ ᐊᐧᐁᓐ, Kānātā kaschihūnh kayeh kayeh ihtūtamuwinh ekā che chī ichenahkanūt awen;[2] Mohawk: Aoianerénhsera ne Iakoianerenhserá꞉ien tánon Aiontatewenní꞉iohake.[3]
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References

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