Contribution to Book
Same-Sex Marriage in Canada: The Missing Debate About the Best Interests of Children
Family Law: Balancing Interests and Pursuing Priorities
(2007)
Abstract
On July 20, 2005, Bill C-38 {the same-sex marriage bill) became law-the Civil Marriage Act in Canada. The purpose of this paper is to examine the immediate debate leading up to the enactment and in particular, how the question of children's interests was addressed throughout the process. This paper by no means purports to be an exhaustive treatment of the issues and arguments. The paper attempts to explain why children's interests are an integral part of the same-sex marriage debate, how their interests have been overlooked and why. It is divided into three parts. Part I addresses what is at stake for children, most notably family reconfiguration, and what this means according to empirical data. Part II examines the missing language about children and emphasizes how the best interests of the child have been largely overlooked by courts and members of parliament. Part Ill examines three reasons why adults' rights have taken precedence over the best interests of children.
Disciplines
Publication Date
2007
Editor
Lynn D. Wardle and Camille S. Williams
ISBN
978-0837738345
Citation Information
Adolphe, Jane F. "Same-Sex Marriage in Canada: The Missing Debate About the Best Interests of Children." In Family Law: Balancing Interests and Pursuing Priorities, edited by Lynn D. Wardle and Camille S. Williams. 2007, available at https://works.bepress.com/ProfessorJaneAdolphe/27/.