TORONTO, September 14, 2004 ( – Another of Canada’s many activist judges has granted the country’s first same-sex divorce—some say the first in the world. Madam Justice Ruth Mesbur of Ontario Superior Court granted the divorce to an anonymous lesbian couple who had only been married five days before separating. Their names were withheld.  Judge Mesbur struck down the Federal Divorce Act, claiming it to be “unconstitutional, inoperative and of no force and effect the definition of ‘spouse,’” according to a Globe and Mail account.  Martha McCarthy, a lawyer for one of the women, applauded the decision. She said the homosexual “marriage” issue before the courts reminded her of the abortion issue decades ago. “It’s very consistent with the history of gay and lesbian equality claims in this country that the courts do all the heavy lifting regardless of various legislatures’ position that the courts should do as little as possible,” she declared.  In a conversation with, Gwen Landolt, head of REAL Women of Canada said the marriage was bogus. “It’s a put-up job.” After only five days of marriage, “there was obviously no commitment. The women are using the courts” to perpetrate the scam, and “the courts are totally obliging.”  Although the Divorce Act is a federal law, the ruling applies to Ontario residents only, according to legal experts who spoke with the Globe and Mail. The Supreme Court of Canada is scheduled to open the case for Canada in three weeks time. Currently, activist judges in Ontario, Quebec, British Columbia and Yukon have all struck down prohibitions against same-sex “marriage.”  Read related coverage:  Canada’s First Same-Sex Divorce: Separated after 5 Days of ‘Marriage’ – Set-Up Suspected


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