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Friday, December 17, 2004

SSM CASE IN NEWFOUNDLAND; FEDERAL GOVT SHIFTS SUPPORT: From the Toronto Star

Same-sex marriage may become legal in yet another province as early as next Monday with the federal government subtly shifting its support in favour of a marriage application by two gay couples.

A lawsuit brought by two Newfoundland and Labrador couples was set to be heard last week, but was postponed because of the imminent reference opinion from the Supreme Court of Canada on the constitutionality of gay marriage. ...

The Newfoundland case is now slated to be heard Monday and Tuesday, but could be decided quickly Monday morning.

That's because the federal government indicated to the parties yesterday that it would not merely drop any opposition to the couples' claim -- as it has done since an Ontario Court of Appeal ruling upholding gay marriage rights in May, 2003 -- but rather support the claim.

It's a subtle but significant shift that strongly indicates to the Newfoundland and Labrador court that the federal government, which has the exclusive power over the definition of marriage, according to the Supreme Court, considers "marriage" does extend to gays and lesbians.

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