Same-sex marriage in Nova Scotia

Same-sex marriage has been legal in Nova Scotia since September 24, 2004. On that day, the province began issuing marriage licences to same-sex couples right after a decision by the Nova Scotia Supreme Court. This made Nova Scotia the sixth place in Canada and the ninth in the whole world to allow people of the same sex to marry. Before this, other places like the Netherlands, Belgium, Ontario, British Columbia, Quebec, Massachusetts, Yukon, and Manitoba had already done the same.

Even before same-sex marriage was allowed, Nova Scotia had a way for couples who lived together but weren’t married. This was called a domestic partnership. It gave some of the same rights and benefits as marriage, and it started on June 4, 2001. This helped many couples feel more equal and supported in their everyday lives.

Domestic partnerships

Main article: Domestic partnership in Nova Scotia

In 2000, the government of Nova Scotia passed a law to create domestic partnerships. This law started on June 4, 2001. Domestic partnerships give couples who live together many of the same rights as married couples. These rights include benefits for pensions, inheritance, and dividing property when a relationship ends. Both people must be at least 19 years old, living in Nova Scotia for three months, and not already married or in another partnership. This law lets both opposite-sex and same-sex couples have these rights.

Before this law, a report in 1996 suggested changes to family laws in Nova Scotia. It recommended that laws should treat all types of families fairly, including same-sex couples. Later, in 2001, a court decision allowed both same-sex and opposite-sex couples who live together to adopt children. This was seen as a big step in recognizing all kinds of families.

Court ruling

After a court decision allowed same-sex marriage in another Canadian area in July 2004, a leader from a local group for equal rights said they would soon ask Nova Scotia to allow same-sex marriages too. In August 2004, three couples asked the courts to let them get marriage licences.

On September 24, 2004, a judge in Nova Scotia said it was unfair to not allow same-sex marriages. The first same-sex couple got their marriage licence just a few hours after the decision. The government agreed with the ruling and said they would follow the court's decision.

Provincial legislation

After same-sex marriage became legal in Nova Scotia, there was a rule that justices of the peace had to use the words "husband and wife" in weddings. Some people thought this was unfair to same-sex couples. Soon after, the rule was changed because lawyers said they might take more legal steps if it wasn’t changed.

Later, in October 2017, the government changed the law so that the words “husband and wife” were replaced with the words “spouses” which works for everyone, no matter their gender. This change was approved by the House of Assembly and received final approval six days later.

First Nations

The Indian Act affects many parts of life for First Nations in Canada, but it does not control marriage rules. Instead, marriage laws come from provincial and territorial laws. First Nations have their own strong traditions around marriage, focusing on community, family, and spiritual ties. For example, Mi'kmaq marriages include special spiritual practices like smudging and honour songs, along with feasts and dances.

Some Indigenous cultures recognize people who show both masculine and feminine qualities, known as two-spirit individuals. In the past, this identity sometimes allowed unions between two people of the same sex. The Mi'kmaq call these individuals etuiwijijaqmijuinu'k, and they often had important roles in their communities as helpers and keepers of knowledge.

Marriage statistics

The 2016 Canadian census showed that 2,250 same-sex couples were living in Nova Scotia. In 2017, 126 same-sex marriages took place in the province, making up 3% of all marriages. Most of these marriages, 87 out of 126, were between couples who identify as women.

Religious performance

In July 2019, the Anglican Church of Canada let its local areas decide if they wanted to perform same-sex marriages. Soon after, a leader in Nova Scotia and Prince Edward Island gave permission for local churches to do the same.

Other groups such as the United Church of Canada, Quakers, the Evangelical Lutheran Church in Canada, and the Canadian Unitarian Council also perform same-sex marriages. In April 2023, the First Baptist Church in Halifax ordained its first married lesbian minister.