TORONTO, July 21, 2004 ( – A same-sex couple has filed what is believed to be the first homosexual divorce since the introduction of homosexual “marriage” in Ontario in June last year. The women, referred to only by their initials, M.M. and J.H., were “married” June 18, 2003, and separated five days later. The pair had reportedly been together for five years before that date.  M.M. argued in court that Canada’s Divorce Act needs to be changed to reflect the legalization of same-sex “marriage” in Ontario, Quebec, B.C. and the Yukon. She wants the court to decree that the definition of spouse as defined by the Divorce Act—“a man or woman who are married to each other”—is offensive and unconstitutional.  Pro-family advocates such as Brian Rushfeldt, executive director of the Canada Family Action Coalition, argue that the case is another ploy by homosexual activists to further their homosexual “rights” agenda in Canada. “I find it interesting that there is no law, nationally, that says they are married,” he said. “Yet for a judge to contemplate recognizing and allowing the divorce” of a couple who are not even legally married in Canada “is a miscarriage of justice.”

Rushfeldt questioned whether the divorce proceeding was an “intentional case to manipulate the Divorce Act.” Rushfeldt said he would go as far as to say, “any judge who would proceed with that case is breaking the law.” He said the case “should not be allowed” until the status of homosexual “marriage” is decided by the Supreme Court of Canada.  Madam Justice Ruth Mesbur scheduled the divorce motion for September 13, against the wishes of lawyers for the federal government, who requested a stay of judgement until the Supreme Court had decided on the constitutionality of homosexual “marriage” for the country.  Read Toronto Star coverage:



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