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Can same-sex
couples from the United States get married in Canada?
Yes. It's now legal for anyone in a same-sex relationship,
regardless of where they're from, to travel to Canada and
get married. This is limited to several provinces (Ontario,
British Columbia, or Quebec), but same-sex marriage may legal
in all of Canada soon.
What kind of identification do I need to travel from the
U.S. to Canada?
If you are a U.S. citizen, you don't technically need a passport,
but since 9/11 you could face hassles at the border if you
don't have one - so bring one if you can. You must have proof
of citizenship (like a birth certificate or passport) if asked,
and have at least one photo ID. If you are a naturalized U.S.
citizen you'll need either your naturalization certificate
or a passport. If you are a permanent U.S. resident, you'll
need your green card and a passport. Temporary U.S. residents
need a passport.
Do we need a marriage license?
Yes. Officials in most cities and towns in Ontario, British
Columbia, and Quebec can issue marriage licenses. In Ontario,
go to any city or town hall. In British Columbia, go to any
Office of Vital Statistics. In Quebec, an application must
be obtained from the Service des unions et des mariage civils
(more information on that process can be read here).
At least one of you must appear in person to get a license.
You'll need to bring identification for yourself, such as
a birth certificate or passport. You'll also need photo ID
for both parties. You don't need an appointment, but you should
call ahead to find out the office hours. There is no waiting
period. The fee varies depending on where you get the license,
but it should be around $100. The license is valid for three
months from the day it's issued in Ontario and British Columbia;
in Quebec, the ceremony must be more than 20 days from the
acceptance date since all marriages are announced at the place
of the marriage ceremony for 20 days. Also, in Quebec, the
Service schedules an interview (only one person from the couple
is required to be present) where the birth certificates and
other legal papers are reviewed. Once this application process
is completed, the date for the ceremony is scheduled. Download
a copy of the Ontario marriage license application.
Do we need to have a witness?
You need two witnesses at the ceremony. You can probably find
witnesses at the town hall or Office of Vital Statistics.
Your witnesses don't have to be Canadian residents or citizens
- anybody over 18 who can provide identification will do.
What's the age requirement?
Both people must be at least 18 in Ontario and 19 in British
Columbia. In Quebec, both people must be 18 or older (16 and
17-year-olds are permitted to marry but only with parental
consent).
Is a medical certificate required?
No. No medical certificate or blood test is required.
Who can perform the ceremony?
In Ontario, any provincial judge or justice of the peace can
perform a civil marriage. To find a marriage commissioner
at the place where you'd like to get married, click here.
In British Columbia, marriage commissioners perform civil
ceremonies. In both provinces, religious ceremonies can be
performed by any person who is authorized by a religious group
to perform marriages and is registered with the province.
In Quebec, designated clerks and deputy clerks of the Superior
Court and notaries authorized to execute notarized acts may
solemnize marriages. Ministers and some public officials may
also solemnize marriages, but you should check with the Service
to see if the person you have in mind meets their requirements.
How can I find a gay-friendly person to perform our marriage?
The Canadian-owned sites Pride
Bride, Rainbow
Wedding Network, and the International
Commitment Ceremonies Registry list gay-friendly officials
who can perform marriage ceremonies in Canada.
Will my marriage be valid outside of Canada?
If you go to Canada and get married, you will be married.
Whether federal and state governments and private businesses
will respect your marriage is a more difficult question. Businesses
that already recognize same-sex couples (through domestic
partnerships or similar systems) will. It's hard to say what
will happen with businesses that don't recognize same-sex
couples yet. Some probably haven't been asked and may be willing.
(Here
is how to find out how to approach your employer.) Some are
doubtless opposed and will refuse.
Vermont, which has civil unions for same-sex couples, will
likely recognize your marriage. The federal government has
a law that says it will not. Many states will almost certainly
refuse to recognize same-sex marriages from Canada, at least
at first. The bottom line is that this issue is headed for
the courts and will take time to resolve.
While these issues are being resolved, you need to protect
your relationship. For more information about medical powers
of attorney, wills and other legal documents that you should
consider, click here.
If we are married in Canada, will we have the same legal
rights and responsibilities as heterosexual couples?
It depends on whether your home state recognizes the marriage.
See the question above.
If we get married in Canada, should we sue to force the
state to recognize our marriage?
Before you begin any kind of case about your marriage, you
should contact the ACLU or one of the other LGBT legal organizations.
You may have a good claim that should be brought, but it's
also possible to do serious harm by suing. In 1997, an Alaskan
couple sued the state for the right to marry. After they won
a preliminary hearing, the state, with a 68% majority, passed
a constitutional amendment, banning same-sex marriage. That
ended the case. It also prevents either a state court or the
state legislature from ever allowing same-sex marriage until
the people vote to change the state constitution again. The
state has since used the constitutional amendment to argue
that the amendment prevents it from even recognizing domestic
partnerships.
If you think you would like to be involved in a case to have
your marriage recognized in your home state, contact us by
phone at (212) 549-2627 or by e-mail at getequal@aclu.org.
What should I say when asked if I'm married?
Say that you're married (after all, you are) on applications
for jobs, credit, mortgages, insurance and medical treatment,
etc. However, if you know that the agency or organization
asking does not recognize same-sex marriages, and especially
if by saying you're married will get you some benefit, you
should probably make it clear that your spouse is someone
of the same sex and that you have been legally married in
Canada. If you don't, you could be accused of acting improperly,
and there could be consequences. This is especially true of
forms from state and federal governments, such as tax forms,
Immigration and Naturalization Service (now known as Bureau
of Citizenship and Immigration Services) forms, Social Security
forms, etc.
You might feel you want to use your government forms to make
a stand on the issue. We understand anger at not having your
relationship recognized, but think long and hard about any
risk you take to make a statement. Willfully breaking the
law on principle may leave you in a lot of trouble.
Would we be entitled to file a joint tax return?
No. The Internal Revenue Service will not recognize same-sex
marriages. Since you are required to declare your marital
status, the issue becomes tricky. You don't want to deny your
marriage. The best bet would be to file as single and note
on the form that you are married to a same-sex partner. Talk
to an accountant if you can before you file.
What happens if we break up?
The only legal way to get out of a marriage is to get a divorce.
That may be difficult for Americans. You have to live in Canada
for a year to get a divorce. Since many U.S. states are likely
to refuse to recognize same-sex marriages, they are also unlikely
to grant you a same-sex divorce. Vermont may well grant divorces
for same-sex married couples, but you have to live in Vermont
for a year to get a divorce there. To make matters more complicated,
the fact that most states won't recognize your marriage or
let you get a divorce doesn't necessarily mean you get out
of all the legal obligations of marriage.
If we break up, could I be required to pay support to my
spouse?
This will depend largely on whether your state recognizes
the marriage. If you live in Vermont, which will likely allow
you to get divorced, it is possible that you could be required
to support your ex. In states that don't recognize your marriage
and won't allow you to divorce, this is less likely. But if
your ex moves to a state that does recognize your marriage,
you may not be off the hook.
If I get married in Canada, can I sponsor my same-sex spouse
for U.S. citizenship?
No. There's a law that says the federal government will not
recognize same-sex marriage, and that includes the Immigration
and Naturalization Service (now known as Bureau of Citizenship
and Immigration Services). While this policy may be challenged
in court, you could be putting your non-national partner at
risk of deportation by attempting to sponsor him or her until
the courts have struck this policy down or Congress has repealed
it. To tell Congress to change this discriminatory policy,
click here
Married same-sex Canadian couples who wish to move to the
U.S. should expect similar treatment from the Bureau. A same-sex
Canadian spouse who gets permanent residency in the U.S. will
not be able to sponsor his or her spouse for residency here.
If I marry a Canadian, can I get Canadian citizenship?
If you marry a Canadian, your spouse may sponsor you for permanent
residency in Canada. You can apply for citizenship after becoming
a permanent resident and meeting additional requirements including
living in Canada for three out of four years and passing a
citizenship test.
If I am married to someone else, can I get a same-sex marriage
in Canada?
No, not until you've gotten a divorce. Entering into another
marriage before you get a divorce is bigamy, a crime in both
Canada and the U.S.
If I have a civil union from Vermont with someone else,
can I get a same-sex marriage in Canada?
While you can go to Vermont and get a civil union anytime,
you have to live in Vermont for a year to get the civil union
dissolved there. So far, no other state has been willing to
dissolve Vermont civil unions. Vermont residents who can dissolve
their civil unions must before entering into a Canadian marriage
or face being prosecuted for bigamy. Remember - Vermont treats
civil unions as the legal the equivalent of a marriage. Unfortunately,
even those who are unable to dissolve their civil unions could
face prosecution for bigamy if they marry someone else.
What about a prior domestic partnership?
Domestic partnership registries usually spell out your rights
and obligations. While you may not be subject to criminal
charges if you marry without dissolving your domestic partnership,
it would violate some domestic partnership policies and could
expose you to legal liability. Since it's generally pretty
easy to dissolve a domestic partnership, you should do it.
If we get married in Canada, will it be easier for my partner
or me to adopt our child?
If only one of you is legally a parent (through biology or
adoption) a Canadian same-sex marriage probably won't make
it easier for the other to adopt. Every state allows "step-parent"
adoptions (so step-parents can adopt the children of their
spouses). Some allow "second parent" adoptions (so unmarried
partners in both gay and heterosexual relationships can adopt
the children of their partners). In the states that already
allow second parent adoption, marriage isn't necessary. Most
states that don't allow second parent adoptions probably won't
recognize Canadian marriages.
For similar reasons, getting married in Canada probably won't
make it any easier for both partners to become parents if
you decide to have a child after you're married.
If we get married in Canada, will that mean that my spouse
automatically becomes the legal guardian of my children?
No. Even if you were to get married to a person of the opposite
sex in the U.S., your spouse would not become legal guardian
of your children until you get a "step-parent" adoption.
Should I get married in Massachusetts instead?
Massachusetts is the only state in the U.S. where same-sex
couples have the right to get married. And let's face it,
being able to say you're married is a lot different from saying
you have a domestic partnership. However, for those who don't
live in Massachusetts, getting married there may be impossible.
There is an old law on the books that, according to the governor
of Massachusetts, means you can't marry in Massachusetts if
you wouldn't be allowed to do so in your home state, so most
couples who don't live in Massachusetts won't be issued marriage
licenses there. Also, like Vermont, Massachusetts has a one-year
residency requirement to obtain a divorce if you decide to
break up, making it virtually impossible for those who live
outside of Massachusetts to get divorced. Unfortunately, Canada
also has a one-year residency requirement for divorce. With
a domestic partnership from California, you won't have these
problems because regardless of where you live, the state will
allow you to enter into a domestic partnership, and once you
do, you have agreed that the California courts can dissolve
your domestic partnership.
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