The Quebec Court of Appeal, the top appeal court in the province of Quebec, has ruled in favour of same-sex marriages. In the unanimous decision March 19, 2004, the court said the traditional definition restricting marriage to a union between a man and a woman is discriminatory and unjustified.
The Quebec Court of Appeal upheld a 2002 lower-court ruling in favour of the right of René Leboeuf and Michael Hendricks to marry. The September 2002 ruling said restricting marriage to the union of a man and a woman contravened the Canadian Charter of Rights and Freedoms.
The Quebec Court of Appeal made its judgment applicable immediately. Quebec Justice Minister Marc Bellemare welcomed the ruling and has given orders to allow same-sex marriages in the province of Quebec.
The Quebec Court of Appeal decision follows similar decisions in the provinces of Ontario and British Columbia. The Quebec Court of Appeal went even farther and said it is improper for gays to be allowed to marry only in the provinces where a court challenge has taken place.
The federal government has referred a draft bill changing the definition of marriage in Canada to include same-sex marriages to the Supreme Court of Canada. The government has asked the Supreme Court for its opinion on four questions relating to the constitutionality of the draft bill.
