Judge grants 'world's first' gay divorce
A Canadian court has approved what a lawyer claimed was the world’s first same-sex divorce after a judge ruled that the definition of spouses in the Divorce Act is unconstitutional.
The lesbian couple – identified in court documents only as JH and MM. – had been together for almost 10 years when they married in June 2003, shortly after the Ontario Court of Appeal legalised same-sex marriages. They separated just five days later.
Superior Court Justice Ruth Mesbur struck down the section of the Divorce Act that said only spouses – defined as a man and woman – can divorce.
“The definition of a spouse is unconstitutional, inoperative and of no force and effect,” she 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,” she said outside court.
“It’s an important step when we talk about the legal landscape as it exists at the moment.”
In July, less than 24 hours after the couple’s divorce petition was publicised, the federal Justice Department conceded that excluding gays and lesbians from the definition of spouse in the Divorce Act would prohibit them from divorcing and was therefore unconstitutional.
“It would be absurd to say it’s legal to get married, but not divorced,” McCarthy said. “As usual, though, the federal government’s approach to all things involving same sex issues is, ‘If we can obfuscate and delay, we will'.”
McCarthy said the couple realised their marriage was a mistake and there was no reasonable possibility of reconciliation.
“They ironically believed marriage would solve their problems,” she said.
