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June 19, 2003
American gay couples advised against Toronto marriage trips
American gay couples can now travel to Ontario for a civil marriage. Ontario, unlike the Netherlands or Belgium, does not require a couple to be Ontario residents or Canadian citizens to marry in the province. Even so, several activist groups are suggesting American gay couples not seek an Ontario marriage as their actions might complicate legal initiatives in the United States:
"Couples should absolutely not race across the border just to set up lawsuits; the wrong cases could set us back for years," a coalition of five key groups said in a joint advisory to Americans planning to join the march to the altar that centers so far in Toronto.
The Washington Times claims most marriages are recognized internationally under a legal priniciple of lex loci contractus whose intent is at least in part presumably meant to prevent violation of bigamy laws. United States courts, however, must also consider the 1996 Defense of Marriage Act signed by radical scoundrel and hypocrite President Bill Clinton.
U.S. and Canadian officials yesterday said they know of no treaty that requires states to honor Canadian marriage licenses, although they always have done so, and that fact could produce a challenge under the equal-protection clause of the Constitution's 14th Amendment.
The 14th Amendment will come into play regardless of the status of Ontario marriages in the United States. Vermont is likely to recognize gay marriages in the near future. It is the nationwide status of Vermont marriages which will test US Constitutional obligations for states to recognize marriages sanctioned by other states. The 14th Amendment, introduced in 1868 as part of Reconstruction following the Civil War, has encountered an analogous situation in the past as "inter-racial" marriages granted in one state provoked outrage in others.
Posted by Ghost of a flea at June 19, 2003 11:57 AM