Legal Question in Discrimination Law in Canada

Re: Gay marriage in canada

That's a million dollar question. Not only because that's how much the issue will cost to litigate but because it is so divisive. (Sorry, cuoldn't help but make the cost joke.)

It's a very large question and very valid. My position is that as long as the marriage was solemnized in good faith as residents of a jurisdiction where it was legal then it must be recognized as legal everywhere that accepts that jurisdiction's lawsa dn is not otherwise invalidated.

The area of of law is called conflict of laws. This is where the laws of various jurisdictions disagree and there is a hierarchy for settling the disagreement. In most cases there are simple solutions, such as my car registered in West Virginia doesn't require rearview mirrors. If I drive my car to Virginia, a state which requires cars to have rearview mirrors am I breaking the law if I drive into Virginia? No, for two reasons, first there is parity where the law of the primary jurisdiction is allowed to govern certain aspects where compliance would be innappropriate or nit cost effective. Because the US Constitution prevents detriments to the free travel of persons within the United States and also because the Constitution demands "Full Faith and Credit" be given to the laws of the various jurisdictions with the United States then that car can be taken anywhere it is legal. For a more practical examole see motorcycle helmets. SOme states don't require motorcyclists to wear helmets and other states do. If I am a licensed motorcyclist in Connecticut (that doesn't require a helmet) and ride my motorcycle into Massachussetts, am I breaking the law? Does the law require I stop and buy a helmet at the border. My position is that this is something tha needs a judicial decision. I'd love that case.

And similarly in your circumstance. How can a relationship that has been solemnized in one jurisdiction be voided just do to travel to another jurisdiction? It can't. The case would be different if you had travelled to Canada to have the ceremony solemnized. That relationship could be voided upon return to a jurisdiction that did not recognize same sex marriages, or even prohibited them. But in your case I think you have strong claims.

I'd be happy to discuss the case with you. It will not be any easy fight and will not be cheap. And in fact I can assure you that I would need to engage co-counsle to assist on this matter, as will any reputable attorney interested in this case.

But there may be organizations that would be willing to assist with representation or costs in order to push the issue. If you are interested in pursuing this issue I would be pleased to meet with you to discuss it further.

If you want to proceed with this matter or need assistance with any other legal matter please do not hesitate to contact me. And as always, referrals are appreciated.

Roger Traversa

[email protected]