The landmark case between gay men and straight women expands the legal definition of marriage (Envato Elements).
A gay man and his straight friend can be in a “marital relationship” legally recognized by Canadian courts thanks to a revolutionary new ruling.
The ruling involving a gay refugee in Canada and a straight woman he met at a university abroad extends the legal definition of what a loving couple can look like.
The two close friends, identified as AP and AM, had unprotected sex while traveling and the woman became pregnant. When the baby was born, they decided to commit to each other and raise their child as a family unit, despite their sexuality.
However, when the gay man tried to support the woman and her child to join him in Canada, their case was blocked by immigration officials who said their bond did not fit the definition of a marital relationship. .
The couple appealed earlier this month. Federal Court Judge Janet M. Fuehrer described the previous decision as narrow-minded and biased towards the mixed couple.
According to the court regulations, the couple does not have to adapt to a “traditional marriage model”.
The federal court ordered a review of the case, stating that the Immigration Appeal Division (IAD) was “not open to the possibility of a relationship of love and mixed orientation based on the concept of a common family unit that meets legal criteria, regardless of Degree of sexual intimacy. “”
The judge said the IAD made an “obvious mistake” in suspecting it was unable to respect the sexual component of the partnership.
“Couples do not have to adapt exactly to the traditional marriage model to show that the relationship is ‘marital’,” says his decision.
“I find that the fact that they have different sexual orientations does not preclude the possibility that AP and AM will find that they are in a committed relationship of some duration.
The Appeals Department asked several questions about the couple’s sexual relationship, and the ruling suggests that they seemed fixated on whether or not their families knew about their sex lives, even though AM’s parents viewed them as a couple.
Führer noted that the two were having trouble having sex, but AP said their sexual interactions “could be resolved with sex toys or apps,” believing it was whether you like. “”
The couple’s lawyer, Athena Portokalidis, said it was rare for the court to directly classify a judge as “biased”.
“The fact that this case even exists shows that there are doubts [about these relationships]. It’s 2020 and society is increasingly accepting different forms of relationships. It’s time the law caught up, ”she said. CTV news.
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