Lawsuit Against a Law

Same-sex marriages have been legal throughout Canada since 2005, by federal law. I believe 2003 was the beginning in some provinces; in 2005 the federal government told all provinces they had to accept it. So for me, seeing New York finally follow suit warranted a response of "Well it's about time!"


Canada is, admittedly, far more liberal in its ways than the fifty states south of the border. This does not mean there were no opponents to same-sex marriages, though. In fact, Alberta's premier refused to accept the federal mandate declaring it legal. But, with the way the Canadian legal system is set up, legal everywhere means legal everywhere. Canadian law may be slow to be updated - in the rare case that it actually is; I could cite multiple Charter cases here - but precedents are set all the time and followed throughout the nation (Quebec being an exception, as its legal system is different). So once something is decided, the chance of it being changed later on is slim to none.

The relevance, you may ask? Same-sex marriage. Even the most adamant oppositionists in Canada would not dare challenge the law and say it should be removed. Now that it is in place, it is there. It is fact. They may have challenged it full force before it was enacted, but now there is nothing left to do but protest against the acts and the actors. Crude, but true. Compare this to the situation in New York state, if you will. Same-sex marriage was legalised very recently and marriages have taken place (congratulations to the newlyweds, by the way). Now, the day after the first weddings, a lawsuit has been filed. Yes, ladies and gentlemen, people are suing in challenge of same-sex marriage being legal. I am in shock not only at the ridiculousness of this lawsuit (I mean, suing a law?!) but also at the fact that it is possible in the first place.

This whole situation makes me question the fundamental freedoms and what they really mean - whose rights are being infringed upon here? Are any rights actually being impacted by the existence of the lawsuit?

Gay marriage opponents sue to overturn New York law - The Globe and Mail

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