Here’s an instant (would have been more instant had I been quicker jumping into The Corner with it) e-mail analysis from William Duncan of the Marriage Law Project:
The Ontario Court of Appeals
has
just ruled that the longstanding definition of marriage in Canada (the
union of one man and one woman), violates the Charter of Rights and
Freedoms and must be replaced by “the voluntary union for life of two
persons to the exclusion of all others.” The difference between this
case and previous Canadian decisions on same-sex marriage is that it
is mean to have immediate effect and news reports say the city of Toronto
is issuing licenses already. There does seem to be some hesitance at
the Provincial level though.
The court frames its opinion in the context of Canada’s concern for
“the recognition and protection of human dignity and equality.” The
court’s understanding of marriage is extremely interesting. They
characterize it as “one of the most significant forms of personal
relationships” and characterize the state interest in marriage as the
recognition of “expressions of love and commitment between
individuals, granting them respect and legitimacy as a couple.” Thus, according to the court: “This public recognition and sanction of marital
relationships reflects society’s approbation of the personal hopes,
desires and aspirations that underlie loving, committed conjugal
relationships. This can only enhance an individual’s sense of
self-worth
and dignity.”