Same-Sex Partner Ruled a ‘Spouse’

In a victory for homosexual couples seeking legal recognition, the province of Ontario’s highest court has ruled that the federal government’s definition of “spouse” is unconstitutional because it excludes same-sex partners. A three-judge panel ruled that the definition of “spouse” should be amended in the federal Income Tax Act to recognize same-sex couples as well as opposite-sex couples. The ruling came in a case involving pension benefits and technically applies only to the Income Tax Act. But gay activists said it could set a precedent that will affect similar sections of other federal acts. “It opens the door for same-sex pension benefits, certainly, but it’s also a very significant statement by the courts that discriminating against same-sex couples is not only immoral, it’s unconstitutional,” said John Fisher, executive director of Equality for Gays and Lesbians Everywhere.