Page – 1
Will you Marry Me
An Analysis of Same Sex Marriage Policy in Canada
By Amanda Hanlin
Wayne State University
Prepared for delivery at the
Annual Meeting of the American Political Science Association
September
September
Copyright by the American Political Science Association
ABSTRACT
Neighboring states with high levels of interaction but disparate public policies
encounter new challenges with regard to marriage recognition provision of spousal
benefits and proper resolution of child custody and intimate partner abuse issues
Canadian progress toward legalizing same sex marriage begs the question of whether
the U S government will stand against same sex marriage when its nearest neighbor
appears close to declaring it as an important means of eliminating the institutionalized
inequities and systemic shortfalls confronting lesbian bisexual gay and transgender
LBGT families The U S Congress passed the Defense of Marriage Act in
allowing
states to refuse to recognize same sex marriages performed outside of their jurisdiction
Some see this as a move to ban same sex marriage as well as a disregard of the equal
rights afforded all U S citizens by the U S Constitution Their opponents support the
law as a marriage preservation effort protecting a time honored social institution and
so called traditional American family structure International media fanfare and public
protests have since elevated the issue and a smattering of U S state courts have been
called to rule on the validity of same sex marriages taking place within their territory
In June
Ontario Canada became the first North American jurisdiction to
fully legalize same sex marriage One month later Canadian Parliament considered
legislation to legalize same sex marriage federally The proposed law extends marriage
rights and subsequent spousal benefits to same sex couples The law s proponents
argue that such recognition is in accordance with the rights and protections mandated
within the Canadian Charter of Rights which must be allotted every Canadian citizen
The bill was referred to the Canadian Supreme Court where it has been deliberated for
nearly a year A final decision is expected in fall