Canada concedes that
gay affair counts as adultery
From
today.reuters.co.uk from the Web, August 30, 2005
VANCOUVER, British Columbia --
A Canadian woman won a divorce on Tuesday after a Vancouver court conceded that
her husband's affair with another man did in fact amount to adultery.
In the first case of its kind in the country, the British Columbia Supreme Court
granted a woman it named only as Ms P. an immediate divorce from her husband of
17 years after he admitted to having an affair with a younger man.
In February Justice Nicole Garson had declined to grant the divorce, arguing
that the common law definition of adultery does not include homosexual
relations.
But Garson told the woman that she would hear the case again if a lawyer would
argue why the legal definition of adultery should include extra-marital same-sex
relations.
Because of a court order, the woman cannot be named.
"We argued that the historic definition of adultery, which is limited to sex
between a spouse and someone of the opposite gender, was anachronistic in light
of changes to the Marriage Act and changes to the understanding of same sex
marriage and divorce," said Ms P.'s lawyer, Barbara Findlay.
Canada is one of a handful of countries that has legalised gay marriage, acting
in response to court rulings that said a ban amounted to discrimination against
gays and lesbians.
The country has much looser residence requirements than many other jurisdictions
that allow gays to marry, and cities like Vancouver and Toronto have become
centres for gay marriage, especially for Americans.
The Canadian marriage certificates may not be recognised in the couples' home
countries.
Ms P., a 44-year-old Vancouver resident, filed for divorce in December 2004
after discovering the affair. Her ex-husband acknowledged the
extra-marital relationship in January.
Canadian law allows for an immediate divorce if one side admits adultery.
A no-fault divorce is possible after a one-year separation because the marriage
has broken down.
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