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In a 2-1 decision, judges of the Ontario Divisional Court dismissed the application for an order requiring the issue of a marriage licence, ruling "that under the common law of Canada applicable to Ontario a valid marriage can take place only between a man and a woman." [3]
Both parties must freely consent. Forcing somebody to get married is a criminal offence under s. 293.1 of the Criminal Code. [4] In addition, s. 2.1 of the Civil Marriage Act stipulates, "Marriage requires the free and enlightened consent of two persons to be the spouse of each other."
The formal prerequisites of a valid marriage are set out marriage laws of each Canadian province and territory. [6] The parties must have a marriage license, be of proper age, or have parental consent. A marriage will generally be formally valid if it confirms to the laws of the province where the marriage is celebrated (lex loci celebrationis ...
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
All of these marriages were authorized by calling the banns of marriage in the spouses' churches, a procedure which does not require a government-issued licence. The first civil marriage licence issued to a same-sex couple was to Michael Leshner and Michael Stark, who had the usual waiting period waived and completed the formalities of marriage ...
These marriage license applications were recorded in Richland County between July 8 and July 12: Edward James Costello V of Iola, Texas, 23, office assistant, to Mia Rea Enzor of College Station ...
In parts of the United States, the certificate of marriage is recorded on the same document as the marriage license or application for marriage. While each state creates their own form for use with the recording of marriages, most states have a specific portion of the record to be completed by the official performing the ceremony.
The Civil Marriage Act (French: Loi sur le mariage civil) is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta , Prince Edward Island , the Northwest Territories , and Nunavut .