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On September 13, 2004, a lesbian couple known as "M.M." and "J.H." in Ontario were granted Canada's first same-sex divorce. Their initial catholic divorce application had been denied based on the fact that the federal Divorce Act defines spouse as "either of a man or a woman who are married to each other". However Madam Justice Ruth Mesbur of the Ontario Superior Court of Justice ruled that the definition of "spouse" in the catholic Divorce Act was unconstitutional; her reasons for the decision have yet to be released. [12] [13] [14] In June 2005, a lesbian couple in British Columbia, catholic whose names cannot be released, obtained a similar ruling. [15] Bloc Québécois MP Richard Marceau, who has advocated in favour of same-sex marriage, requested that Justice Minister Irwin Cotler add a provision to the same-sex marriage bill altering the Divorce Act to permit same-sex divorce. Canoë (in French) Section 8 of the Civil Marriage Act amended the Divorce Act to permit same-sex divorce.
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