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Same-sex Marriage
Martha McCarthy and Joanna Radbord of Epstein Cole LLP are counsel to seven same-sex couples who applied for civil marriage licences from the Clerk of the City of Toronto in the summer of 2000. In 2002, the Divisional Court unanimously ruled that the denial of civil marriage to same sex couples is discriminatory and cannot be justified. The Court changed the common law to permit marriages between two persons of the same sex, but delayed operation of the ruling for a period of two years to allow the government time to reformulate its legislation. The federal government's appeal of this decision, and the couples' cross-appeal on the issue of remedy, will be argued April 22-25, 2003.
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