.- A lesbian couple was granted a same-sex divorce Sept. 13, just 15 months after they were married by an Ontario judge. This is being considered the world’s first same-sex divorce, reported CanWest News Service.
An Ontario Court of Appeal had ruled that the federal definition of marriage as the union of one man and one woman was unconstitutional and opened the way for same-sex marriage in the province in the spring of 2003. However, the ruling did not contain provisions for divorce.
Two days ago, Superior Court Justice Ruth Mesbur addressed that and issued a divorce judgment, stating that the definition of a spouse as “a man or a woman who are married to each other” in Canada’s Divorce Act is unconstitutional.
The Superior Court ruling is only applicable in Ontario, however, it may now set the standard for divorces of same-sex couples in other provinces that have legalized same-sex marriage.
The Supreme Court of Canada is expected to rule on the constitutionality of a federal law, permitting same-sex marriage, next month.