Canada’s High Court Paves Way for Rights of Same-Sex Couples

Canada’s Supreme Court on Thursday struck down a heterosexual definition of “spouse,” in a landmark decision that could rewrite the country’s law books to give legal rights to same-sex couples.

The 8-1 ruling, which took up the case of an Ontario woman seeking financial support from her former partner, does not address the issue of homosexual marriages.

The court’s decision could give same-sex partners the legal benefits of common-law marriage.

“It’s a huge decision,” said Ian Brodie, political science professor at the University of Western Ontario. He added that it “stops short of saying same-sex couples can get married, but that’s almost a secondary issue now.”

The court gave Ontario six months to amend its laws, noting that dozens of laws use the heterosexual definition.

Gay and lesbian groups welcomed the ruling. “The courts, governments and, I think, public opinion are converging on a point where it’s recognized that lesbians and gays are entitled to basic equality--no more, no less,” said John Fisher of EGALE, a Canadian gay rights group.

The case began when a Toronto woman found she couldn’t seek alimony from her ex-partner because Ontario law defined a spouse as someone of the opposite sex. She sued to have the definition struck down, and two lower courts agreed with her.

When a Conservative government took over in Ontario in 1995, it appealed the case to the Supreme Court.

The high court backed the lower courts, saying, “It is clear that the human dignity of individuals in same-sex relationships is violated by the definition of ‘spouse.’ ”