The Development of Court Decisions on Same-Sex Marriage in Canada : A Study as a Process of “Recognition”

The Civil Marriage Act was enacted on July 2005, which allowed same-sex couples to marry, just as heterosexual couples in Canada. In this paper, I explore discursive shift in the meaning of marriage in law, by analyzing landmark decisions on same-sex marriage. The development of court decisions on same-sex marriage reflects ambiguity of law as an institution; its suppressive power and possibility of reformation. Furthermore, using the concept of “recognition”, as conceptualized by Charles Taylor, this paper analyzes a series of legal decisions to discuss the significance of legal practice on samesex marriage. Through this approach, I suggest that it is necessary to relocate the issue of same-sex marriage into the more expansive process of “recognition”, to submit that the assimilation of gay and lesbian couples into the institution of marriage does not result in a renewed structure of suppression nor an obstacle to the ultimate goal of seeking equality for lesbians and gays