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Same-sex marriage in Nunavut

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  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legal in Nunavut since 20 July 2005, when royal assent was granted to the federal Civil Marriage Act making same-sex marriage in Canada legally recognised in all provinces and territories. On this date, Nunavut began granting marriage licences to same-sex couples.[1] Previously, in October 2003, Premier Paul Okalik had announced that same-sex marriages performed in other jurisdictions would be legally recognized in Nunavut.

Background

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On 30 October 2003, Premier Paul Okalik made the following statement:[1][2]

If developments in the Parliament of Canada and the Supreme Court of Canada result in the definition of marriage being broadened, we will respect the law and comply with that. In the meantime, anyone in Nunavut who has been legally married anywhere will be recognized by the Government of Nunavut as married.

Okalik further suggested that the territory would perform same-sex divorces should the issue arise. He also succeeded in passing a territorial human rights code banning discrimination on the basis of sexual orientation. As well, Nancy Karetak-Lindell, Liberal MP for the riding of Nunavut, was re-elected in the 2006 election after having supported same-sex marriage;[1] a stance for which she faced criticism from some residents of Coral Harbour.[3] After the February 2004 Nunavut general election, Okalik's only opponent for the premiership, Tagak Curley, ran on the basis that he would repeal the territory's human rights legislation on sexual orientation, and would not recognize same-sex marriages.[3][4][5] During the same general election, several candidates, including Patterk Netser, Rebekah Williams, and Manitok Thompson, all spoke out against same-sex marriage.[6]

In 2005, a group of Inuit leaders called same-sex marriage "disruptive to traditional values" at a meeting of the Justice Committee of the House of Commons.[7] Chris Trott, an associate professor at the University of Manitoba, said, "the elders are probably correct to say formal gay relationships are an example of southern influence. Practically speaking, liberation for Inuit homosexuals came in the form of the English language. In the encounter with the west, and in speaking English, they have a way of talking about that now. Once people find the vocabulary to articulate what they're feeling, then they say it. And I think that's what's going on now. Young people now have a way of speaking about it."[8] Anglican and Pentecostal religious leaders were adamantly opposed to the legalization of same-sex marriage in Nunavut, often referring to it as "contrary to Inuit culture". A local in Iqaluit who was asked to comment for the Nunatsiaq News said "it's interesting to see religious leaders offering opinions on how Inuit should behave when Christianity itself is a southern import."[8]

Territorial legislation

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In October 2011, the Legislative Assembly of Nunavut amended the Marriage Act (Inuktitut: ᑲᑎᑎᓯᒪᔪᓕᕆᓂᕐᒧᑦ ᐱᖁᔭᖅ, Katitisimajulirinirmut Piqujaq;[9] Inuinnaqtun: Katitiviliqinikkut Maligaq; French: Loi sur le mariage) and several other acts relating to family law and children law. The bill passed by the Assembly replaced the expression "husband and wife" with the gender-neutral term "spouses" in section 43(4) and added "or spouse" in section 13(b). The Adoption Act was also amended to allow same-sex couples to adopt children.[10][11] The bill received royal assent by Commissioner Edna Elias on 31 October 2011.

Section 13 of the Marriage Act, entitled "Civil Marriage", reads:

Where a marriage ceremony is performed by a marriage commissioner [...] (b) each of the parties to the marriage shall, in the presence of the marriage commissioner and the witnesses, say to the other party: I call upon these persons here present to witness that I, .................., do take thee, .................., to be my lawful wedded (husband, wife, or spouse). [R.S.N.W.T. 1998,c.M-4,s.13]

Marriage statistics

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From July 2005 to October 2006, only one same-sex couple married in Nunavut, the lowest among all of Canada's provinces and territories.[12] The first same-sex marriage involving an Inuk man was performed in June 2017 in Iqaluit between Joe Kucharski and Dwayne Nowdlak.[13] There had already been one marriage for an Inuk lesbian couple. The first same-sex marriage in Cambridge Bay was performed between Jason Koblogina and Kyle Mercer in August 2018.[14]

The 2016 Canadian census showed that were 25 same-sex couples living in Nunavut, though it is unknown how many were married, in a common-law marriage or cohabiting.[15]

Religious performance

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In July 2019, the synod of the Anglican Church of Canada narrowly rejected a motion to authorize same-sex marriage and allow clergy in the church to officiate at such marriages. Instead, the church synod passed a resolution known as "A Word to the Church", allowing its dioceses to choose whether to bless and perform same-sex marriages.[16] Clergy of the Diocese of The Arctic, including Bishop David Parsons, have been vocally opposed to the solemnization of same-sex marriages within the church.[17] Following the passage of the resolution, several dioceses, including those of Ottawa and Rupert's Land, announced they would permit their clergy to solemnize same-sex marriages in accordance with the new resolution passed by the church synod. The Diocese of The Arctic chose to distance itself from these dioceses, but, responding to concerns that it might be leaving the Anglican Church of Canada, it released a statement, "The Diocese of the Arctic remains a diocese within the Anglican Church of Canada, but must distance itself from those who violate the marriage canon. The implication of this is a state of 'impaired communion'."[18]

Some other religious organizations perform same-sex marriages in their places of worship, including the United Church of Canada,[19] Quakers,[20] the Evangelical Lutheran Church in Canada,[21] and the Canadian Unitarian Council.[22]

See also

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References

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  1. ^ a b c "Nunavut will recognize same-sex marriages". Equal Marriage for Same-Sex Couples. 7 November 2003. Archived from the original on 15 May 2011. Retrieved 10 March 2011.
  2. ^ Paul Okalik, Premier of Nunavut (30 October 2003). "Minister's Statement 210 – 1(6): Federal Government Legislation on Same Sex Marriage" (PDF). Parliamentary Debates (Hansard). Nunavut: Legislative Assembly of Nunavut. p. 4297.
  3. ^ a b "Nunavut MP faces fallout from same-sex stand". CBC North. 20 April 2005. Retrieved 16 November 2024.
  4. ^ "Okalik re-elected as Nunavut premier". CBC North. 5 March 2004. Retrieved 16 November 2024.
  5. ^ "Third party politicking". Nunatsiaq News. 13 February 2004. Archived from the original on 1 August 2018. Retrieved 16 November 2024.
  6. ^ "Actively oppose gay unions, Nunavut MLAs urge". CBC North. 31 October 2003. Archived from the original on 25 February 2006.
  7. ^ "Nunavut: Same-sex marriage deemed 'radical' and disruptive of traditional values". Cultural Survival.
  8. ^ a b "Gay in Nunavut: discovering a new language". Nunatsiaq News. 26 September 2014.
  9. ^ "ᐱᕙᓪᓕᐊᔪᑦ ᓴᖅᑭᑕᐅᔪᑦ". gov.nu.ca (in Inuktitut). Archived from the original on 13 July 2022.
  10. ^ "Maligait & Maliktaghat". gov.nu.ca (in Inuktitut).
  11. ^ "An Act to Amend Several Acts for Constitutional Validity (Spousal Benefits and Obligations)" (PDF). Legislative Assembly of Nunavut. 23 October 2011. Archived from the original (PDF) on 30 August 2016.
  12. ^ "Over 12,000 Married Same-sex Couples". www.equal-marriage.ca.
  13. ^ Hill, Angela (9 June 2017). "'Standing ovation' in Iqaluit bar greets milestone gay marriage in Nunavut". CBC News.
  14. ^ Neary, Derek (10 July 2018). "Cambridge Bay's first same-sex marriage getting 'incredible' support". Nunavut News.
  15. ^ "Focus on Geography Series, 2016 Census". Statistics Canada. 8 February 2017.
  16. ^ Zeidler, Maryse (13 July 2019). "Anglican Church rejects same-sex marriage approvals in vote". CBC News.
  17. ^ "At national gathering, Arctic Anglicans say no to same-sex marriage". Nunatsiaq News. 22 July 2019.
  18. ^ Gardner, Matt (9 September 2019). "What the Anglican Church of Canada's same-sex marriage vote means for its future". Episcopal News Service.
  19. ^ "Beliefs: Overview of Beliefs". The United Church of Canada. 25 May 2009. Archived from the original on 30 January 2016. Retrieved 11 March 2010.
  20. ^ "Submission to the Legislative Committee on Bill C-38 (CC38)" (PDF). Canadian Friends Service Committee (Quakers). 10 April 2005. Archived from the original (PDF) on 22 September 2007. Retrieved 18 April 2021.
  21. ^ "Evangelical Lutherans back same-sex marriage". www.winnipegfreepress.com. 23 July 2011. Archived from the original on 28 April 2016. Retrieved 23 April 2016.
  22. ^ "Welcoming Congregation Program" (PDF). Canadian Unitarian Council. Retrieved 5 October 2024.
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