Same Sex Marriage Foolishness

On Jan 12th the Globe and Mail reported that the same sex marriages performed in Canada (in accordance with the laws of Canada) were only valid if they were valid in the country in which the couple actually reside. This came to light when a non-Canadian same sex couple (who were never resident in Canada) attempted to get a divorce in Canada and were told that they weren't legally married.

http://www.theglobeandmail.com/news/politics/same-sex-marriage-confusion-has-couples-wary-of-what-happens-next/article2301014/

This was widely reported as an "about face" by the Harper government and a threat to Canada's legal position permitting same sex marriage.

The Harper government announced that they had no intention of reopening that debate and moved to close this apparent "loophole."

Now the same newspaper is reporting that by fixing this apparent "loophole", there are now two different sets of rules for divorces for same sex vs heterosexual couples.

http://www.theglobeandmail.com/news/politics/bill-to-close-loophole-in-same-sex-marriages-creates-double-standard/article2342275/

The truth is that there was no double standard and that a whole lot of ink was spilt and politicans stood on their soapboxes over a non-issue.

The new legislation will indeed make it possible for a foreign same sex couple who got married in Canada to get a divorce in Canada....but it will leave financial and children's custody issues to the jurisdiction in which the couple live. In short, the only thing this will accomplish is to dissolve a marriage that does not exist legally in the country in which the same sex couple live....all of the contentious issues around a divorce at left untouched.

The truth is that the law should not have been amended. There was no loophole. In fact, the law regarding Canadian recognition of same sex marriage was the same as the law for a marriage between a man and a woman.

Canadian laws do not apply in other jurisdictions. Does anybody honestly think that they should? It's too silly to even contemplate since that would mean that foreign laws would have force in Canada.

Now I understand why a same sex couple would want their union to be legally sanctioned in a form similar to traditional marriage. I'm sure it's very emotionally uplifting for them. I'm not sure I understand why a divorcing couple would want Canada to issue a piece of paper stating that their marriage no longer exists. It would seem easier just to agree that it didn't exist since their country didn't recognize it in the first place.

However I come back to a larger issue. Why is the Government in the business of defining what is a valid marriage? We have long since passed the day when a traditional family unit was assumed to be essential to the rearing of children. Children come into this world in the absence of marriage all the time. Sometimes people even raise children in a home together as a family without ever getting a government document that approves of their status. Unmarried people even live together and sometimes don't have children!!!!!!

Government should get out of the business of defining marriage and leave that to religious authorities to define for their followers. Communions aren't any less meaningful because no level of government in Canada has defined who is eligible for a communion or not.

Financial disputes and custody battles happen in the absence of marriage and the laws should address the resolution of these matters.

Why Canada is crafting laws that have no practical effect is really beyond me. However, if i was an advisor to Stephen Harper, I would be all for it. It's a chance for a politician to not do anything but get credit for it anyways. What politician wouldn't jump at that chance?