On Same-Sex Marriage and Divorce

Same-sex marriage (SSM) and divorce have become hot-button topics over the past couple days in Canada. A link to a CBC article is posted below.

http://www.cbc.ca/news/politics/story/2012/01/12/pol-harper-same-sex-marriage.html

Basically, some same-sex couples that came to Canada to get married, because SSM is not legal in their countries, have come to Canada in the hopes of getting divorced. The problem is that they are being denied that right because they haven't lived in Canada for at least one year. Apparantly, that is the law for all couples, same-sex or otherwise. Below is a link to the Attorney General's response to one such divorce application.

http://www.cbc.ca/news/politics/inside-politics-blog/2012/01/source-document---attorney-general-response-to-application-for-divorce.html

My take on the matter is this: you must have the same rules for same-sex and "straight" couples, so if you must live in Canada for at least a year to get divorced if you are heterosexual, then the law needs to be the same for homosexual couples.

Do I agree that couples should have to live here a year before getting divorced, though? No, because of the unique circumstances surrounding all kinds of unions. For example, a same-sex couple comes to Canada to get married because their own country doesn't allow SSM. A few years later they come back to Canada to get divorced because they can't in their own country. Then what do you do? This couple came here because they wanted to have the right to get married, just like anyone else. And, just like any other relationship, SSMs don't always work out, so they want to be able to get divorced just like anyone else. The law needs to be updated and changed to take into account circumstances such as this.

I believe that the divorce application needs to have a box for extraordinary circumstances where one can write why they haven't lived in Canada for at least a year and, subsequently, why they are in Canada seeking a divorce. If they can't get a divorce in their country, Canada may be a last resort and needs to be an option for people.

Another aspect of this story that has many up in arms is the fact that lawyers for the Federal Government presented documents in court that suggest that some SSM' may not be valid because the  couples do not live in Canada, and in fact live in countries where their unions are not recognized. Check out the CBC blog post below for more information.

http://www.cbc.ca/news/yourcommunity/2012/01/is-same-sex-marriage-is-at-risk-in-canada.html

This is certainly a dicey situation. Couples can legally marry here, but that marriage is never officially acknowledged where they live. Is it a legitimate marriage? I think so. Why wouldn't it be? They went through the same steps and ceremonies to get married and that marriage should be recognized like any other no matter where the couple chose to live. Why should country of residence matter after you get married?

I think the simple solution, and what will happen in the long run is that more and more countries will recognize SSM as legal, thus alleviating the need for partners to come here to wed and taking away the grey area we find ourselves in today. In the meantime, until that happens, the Canadian government better not re-open the debate about SSM being legal in this country, as some people fear they will. Also, it is vitally important for the government to take into account the unique situations same-sex couples find themselves in and amend the divorce laws so they can legally separate, just like any heterosexual couple. This is a very modern problem and needs a modern, progressive solution.

Thoughts?