Gay Marriage: The Ruling

Conclusions

[155] In summary, we have concluded the following:

(1) the existing common law definition of marriage is “the voluntary union for life of one man and one woman to the exclusion of all others”;

(2) the courts have jurisdiction to alter the common law definition of marriage; resort to constitutional amendment procedures is not required;

(3) the existing common law definition of marriage does not infringe MCCT’s freedom of religion rights under s. 2(a) of the Charter or its equality rights on the basis of religion under s. 15(1) of the Charter;

(4) the existing common law definition of marriage violates the Couples’ equality rights on the basis of sexual orientation under s. 15(1) of the Charter; and

(5) the violation of the Couples’ equality rights under s. 15(1) of the Charter cannot be justified in a free and democratic society under s. 1 of the Charter.

[156] To remedy the infringement of these constitutional rights, we:

(1) declare the existing common law definition of marriage to be invalid to the extent that it refers to “one man and one woman”;

(2) reformulate the common law definition of marriage as “the voluntary union for life of two persons to the exclusion of all others”;

(3) order the declaration of invalidity in (1) and the reformulated definition in (2) to have immediate effect;

(4) order the Clerk of the City of Toronto to issue marriage licenses to the Couples; and

(5) order the Registrar General of the Province of Ontario to accept for registration the marriage certificates of Kevin Bourassa and Joe Varnell and of Elaine and Anne Vautour.

[157] In the result, the AGC’s appeals are dismissed. MCCT’s cross-appeal relating to s. 2(a) of the Charter and s. 15(1) of the Charter on the basis of religion is dismissed. The Couples’ cross-appeal and MCCT’s cross-appeal on remedy are allowed.

[158] If the AGC, the Couples and MCCT are unable to agree on costs, they may speak to the matter by filing brief written submissions within two weeks of the release of these reasons. There will be no costs awarded to or against the Clerk of the City of Toronto, the Attorney General of Ontario, or any of the intervenors.