Montreal, Quebec -- Quebec's highest court Thursday joined Ontario and British Columbia in ruling that the federal government's definition of marriage is unconstitutional and that same-sex couples were entitled to marry.

The Court of Appeal upheld a lower-court ruling that the traditional definition of marriage is discriminatory and unjustified.  That ruling had been challenged by both the Federal government and an umbrella group of conservative churches.

Following rulings last year in Ontario and B-C that allowed same-sex couples to marry (story) the federal government dropped the Quebec appeal. 

In its ruling today the court said that in light of the decisions by the other provinces the appeal by the religious groups was moot.

The original case in Quebec was brought by Montreal couple Michael Hendricks and Rene Leboeuf (pictured) who have been together for 30 years. The Court of Appeal said there was nothing to prevent the pair and other same-sex couples in Quebec from being granted marriage licenses and marrying.

As they emerged from court hundreds of gays and lesbians gathered on the street began to cheer the couple.

"This means we can finally tie all the pieces of our relationship together," Leboeuf told 365Gay.com, before they set off to get their marriage license.

Quebec, unlike Ontario and B-C has a 20 day waiting period between the time a license is issued and a marriage can be performed.

The couple is planning to be wed April 10.

Today's ruling puts more than two thirds of Canada's population in provinces which allow same-sex marriage.

"This is a great day for Quebec and a great day for Canada, Laurie Arron, Political Coordinator, Canadians for Equal Marriage, told 365Gay.com.

"The only question that remains is when all of Canada will benefit from equal marriage rights for same-sex couples."

Arron said there is nothing stopping other provinces from letting gay and lesbian couples marry. 

"We call on the Attorney-General of Canada to send a clear signal that all provinces and territories should now let same-sex couples marry."

The federal government has submitted draft legislation to the Supreme Court of Canada to legalize gay marriage from coast to coast and has asked the court to render a Constitutional opinion on three questions related to the draft bill.

Does Parliament have the exclusive legislative authority to change the legal definition of marriage?; Is extending the capacity to marry to persons of the same sex consistent with the Charter of Rights and Freedoms?; and Does the Charter protect religious officials "from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?"

But, it has also indicated it wants to add a fourth question on the possibility of calling gay marriage civil unions.  To do so it has delayed a hearing by the court until fall.

"Thousands of gay and lesbian couples have already been married in B.C. and Ontario," said Gilles Marchildon, Executive Director of national LGBT rights group Egale.

"Canada has earned a reputation as one of the most progressive countries in the world. Studies show this will attract top knowledge workers as well as a flood of tourists. Now Quebec too can benefit."

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