Matrimoni omosessuali: la questione

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Posted: June 10, 2003 9:59 a.m. ET

(Toronto, Ontario) Ontario's highest court has ruled that the Canadian government cannot bar same-sex couples from marrying.

The Ontario Court of Appeals said prohibiting gay marriage was a violation of the Charter of Rights and Freedoms of the Constitution.

"The existing common law definition of marriage violates the couples' equality rights on the basis of sexual orientation under [the charter]," the 61-page written ruling said.

The ruling upholds a lower court decision earlier this year that was brought by nine gay and lesbian couples who were refused marriage licenses

That court gave the government until until July 4, 2004 to change the law or it would be rendered invalid. The federal government appealed the decision, and today's decision not only upheld the lower court decision that the ban was illegal it removed the government's window of opportunity to change the law.

"Effectively, what the court said today was gays and lesbians can get married as of today," John Fisher advocacy director for national gay rights group Egale told 365Gay.com shortly after the decision was handed down.