Coming out, but still closeted.

• Author: Luhtanen, Melissa
• Position: SPECIAL REPORT on Marriage - Registered Domestic Partnership Agreements - Constitution Act, 1867

How far have we come out?

Gay, lesbian, and bisexual plaintiffs have spent hundreds of thousands of dollars fighting for legal rights that are essential to the survival of the family unit. The result of these battles is that same-sex headed families have been granted certain equality rights but are still lacking the full set of rights that heterosexual headed households have. Same-sex marriage is a key right in this fight for equality, not just because of its legal ramifications, but also for its social status.

On December 9, 2004, the Supreme Court of Canada (SCC) released the decision in Reference re Same-Sex Marriage approving the government's proposal to define civil marriage as "the lawful union of two persons to the exclusion of all others." The federal government has yet to pass this legislation. So at the writing of this article, same-sex marriage was available in Ontario, British Columbia, Quebec, Manitoba, the Yukon, Nova Scotia, Saskatchewan, and Newfoundland. This represents 87% of the population who live in places that have legally affirmed equal access to marriage. As the federal government works on passing this legislation and it is recognized across the country, Canadians are being lead to believe that equal marriage means the road to equality for gays, lesbians, and bisexuals has been achieved. However, this is untrue.

Separate but (not) equal: Registered Domestic Partnership Agreements

Many countries, including places in Canada, have implemented legislation, known as registered domestic partnership agreements (RDPs), which attempts to parallel the rights gained through marriage. The problem with RDPs is that they are often available, not only to romantic partners, but also to friends and family members that are an economic and domestic unit. RDPs do not provide a couple with any kind of relationship status because same-sex partners are treated the same way as friends. Also, RDPs that are only accessible by romantic partners do not impart the same legal rights as marriage.

Marriage has such a broad scope that it is almost impossible to list all of the areas it affects. There is no one definition of all the rights of a married couple. In general, though, marriage allows a couple to make a legal record of their commitment to one another; it gives them entitlements and obligations regarding third parties; it regulates parenting rights; it legislates rights to property and support payments upon relationship breakdown; and it...