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Same-sex marriage in Nova Scotia began issuing marriage licences to same-sex couples immediately following a September 24, 2004 court ruling.
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Background
Prior to 2001, common-law couples, either opposite-sex or same-sex, were not able to adopt. However, in 2001, the Nova Scotia Supreme Court concluded that the provision in the Adoption Act that prevented common-law couples from adopting were unconstitutional. The result been that common-law couples, either same-sex or opposite-sex, are now able to adopt children jointly.
Same-sex marriage in Nova Scotia dates from August 13, 2004, when three couples in Nova Scotia brought the suit Boutilier et al. v. Canada (A.G) and Nova Scotia (A.G) against the provincial and federal governments requesting that it issue same-sex marriage licences.
The partners who brought suit were:
The couples were represented by Halifax lawyer Sean Foreman of Wickwire Holm.
Court ruling
On September 24, 2004, Justice Heather Robertson of the Supreme Court ruled that banning such marriages was unconstitutional and ordered the province to recognize same-sex unions.
Neither the federal nor the provincial governments opposed the ruling, continuing the trend set with the Yukon and Manitoba rulings. The Nova Scotia justice minister said, "We certainly did not want to waste taxpayers' money." However, Premier John Hamm did not say whether he supports same-sex marriage.
An odd proviso to the post-ruling status was that, until a formal change of the provincial Solemnization of Marriage Act, the Minister of Justice still required the terms "husband and wife" to be used by Justices of the Peace in any wedding. This stance by the Justice Department was categorized by some as heterosexist. Shortly afterwards, following warnings of further legal action by the couples' lawyer, the policy was changed to remove that requirement.