Same-sex marriage in Quebec

On March 19, 2004, the Quebec Court of Appeal ruled similarly to the Ontario and British Columbia courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately.[1] The couple who brought the suit, Michael Hendricks and René Leboeuf, immediately sought a marriage licence; the usual 20-day waiting period was waived, and they were wed on April 1 at the Palais de justice in Montreal. The couple had brought suit against Quebec in November 2001, alleging that its refusal to perform and recognise same-sex marriage violated the Canadian Charter of Rights and Freedoms (Charte canadienne des droits et libertés).[lower-alpha 1] The Quebec Superior Court ruled in the couple's favour on September 6, 2002, though the ruling would not take effect until March 19, 2004, when the Court of Appeal ruled that marriage licenses must be issued immediately. The provincial and federal governments had initially opposed the court bid; provincial Attorney General Paul Bégin argued that "gays and lesbians were not suffering any form of discrimination in [Quebec]", while federal Attorney General Anne McLellan argued that the definition of marriage was at the Parliament of Canada's discretion and not a matter for the courts to decide.[1] The federal government had filed an appeal of the decision of the Superior Court on September 9, 2002 but abandoned that appeal in 2003. The case continued, with a group of religious conservatives, including Roman Catholic and Jewish officials, opposing the plaintiffs' claims. The group argued that the legalisation of same-sex marriage was unconstitutional under the Constitution Act, 1867, would prevent heterosexual couples from marrying and "weaken the meaning of marriage". The Court of Appeal unanimously rejected the group's appeal on March 19.[4] Following the court decision, provincial Attorney General Marc Bellemare announced that the government would abide by the ruling.[1]

The Quebec decision meant that more than two-thirds of the Canadian population were living in provinces where same-sex marriage is legal.[5] Subsequent cases, as well as federal legislation, have expanded this number to cover the entire country.

From 2004 to 2020, 9,168 same-sex marriages were performed in Quebec, representing about 2.5% of all marriages contracted during that time.[8] There were also 1,237 same-sex civil unions (from 2002 to 2020), representing about 29% of all civil unions.

Between 2004 and 2008, 17% of same-sex marriages were between couples from other provinces or territories, or from the United States.[9] The following table shows the number of marriages and civil unions performed in Quebec as per data published by the Institut de la statistique du Québec. Figures for 2020 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.

In 2008, the synod of the Anglican Diocese of Montreal voted to allow its parishes to bless same-sex unions. The measure includes a freedom of conscience clause for clergy opposed to blessing same-sex unions.[10] In July 2016, Bishop Mary Irwin-Gibson said she would allow her clergy to perform same-sex marriages.[11]

Similarly, the Anglican Diocese of Quebec has allowed blessings of same-sex unions since 2012.[12] Bishop Bruce Myers expressed disappointment in July 2019 when the Anglican Church of Canada narrowly rejected a motion to approve same-sex marriage. On 24 November 2019, the synod of the Diocese of Quebec voted 37–6 to request Bishop Myers to authorise the solemnisation of same-sex marriages.[13] In response to the request, Myers said, "You'll here more from me, because… what this motion also expects is that I will come back to the diocese with some specifics around how such a request would be implemented, and being clear about things like safeguards for those who do not wish to exercise and offer this ministry."[14]

The Anglican Diocese of Ottawa, which encompasses parts of western Quebec, including the Outaouais region, has allowed solemnisations of same-sex marriages since 2016.[15] Same-sex marriages are not performed in the Anglican Diocese of Moosonee, which encompasses the northwestern Eeyou Istchee communities. The marriage canon of the Anglican Church of Canada serves as the canon on marriage in the diocese.[16] Similarly, the Diocese of The Arctic, encompassing the northern Nunavik region, does not allow its parishes to perform same-sex marriages.[17]

A 2017 CROP poll showed that Quebec had the highest popular support for same-sex marriage in Canada, at 80%. Nationwide, 74% of Canadians found it "great that in Canada, two people of the same sex can get married", while 26% disagreed.[18][19]

• Same-sex marriage in Canada
• LGBT rights in Canada

• "Same-sex marriage in Quebec, Canada". Religious Tolerance.
• Catholic Civil Rights League v. Hendricks (Quebec Court of Appeal, 19 March 2004) - text of the ruling (canlii.ca)