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Metropolis Reality Forums « Civil Unions, Legal Registrations, Coupledom »

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   Author  Topic: Civil Unions, Legal Registrations, Coupledom  (Read 803 times)
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Civil Unions, Legal Registrations, Coupledom
« on: Jul 7th, 2002, 6:29am »
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In Canada the legal definition of  Marriage is based on an 1866 British Court decision as a union "between one man and one woman to the exclusion of all others".  However we have a strong movement at present to permit same-sex registrations and recognize same sex couples or other loving relationships.  These are often ( I suggest blindly) referred to as non-conjugal relationships.    It is already recognized in Canadian legislation that there can be common law couples of both ethe same and opposite sex and includes the sharing of benefits like pension provisions and old age security.  
 
A decision of the Superior Court of Ontario is expected this week on whether same sex marriages are to be permitted.  
 
There is a wonderful church in downtown Toronto which a couple of years ago performed two same-sex marriages but no marriage certificate was granted.  These marriages were performed so that test court challenges could proceed.  
 
Most recently at an international conference in Turin, Italy (called Marriage, Partnership and Parenting in the 21st Century) the province of Quebec announced the legalization of civil unions for same-sex couples including adoption and artificial insemination rights.  At the same conference Sweden announced removal of adoption restrictions for same-sex couples.
 
Among some of the issues raised by the gay and lesbian community is the unavailability of transfer of property when a partner dies under tha same favourable tax provisions as heterosexual couples.  Some could not stay in their flats because their names did not appear on the leases.  Others could not visit partners in the hospital because of "in-laws" and many could not attend funerals.  To address this France created the Pacte Civil de Solidarite allowing gay and staright couples some of the tax, welfare and inheritance rights that married couples enjoy.  
 
In the United States it appears taht Vermont and California and Hawaii are leading the way in terms of granting same sex couples social benefits under the jurisdiction of the state granting same sex couples certain social benefits entitlements.  However there is no protection under Federal Law.
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