| Same-sex marriage
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| Performed nationwide in:
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| Belgium
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| Netherlands
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| Performed in some regions in:
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| Canada: BC, MB, NL, NS, ON, QC, SK, YT
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| United States: MA
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| Articles on other countries and regions:
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| Australia
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| Canada: AB, NB, NT, NU, PE
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| France
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| Ireland
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| Romania
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| South Africa
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| Spain
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| United Kingdom
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| United States: CA
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| See also
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| Civil union
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| Domestic partnership
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| Edit this box (http://en.wikipedia.org/w/wiki.phtml?title=Template:SSM)
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Same-sex marriage in Alberta:
The province of Alberta does not currently issue marriage licences to same-sex couples.
The position of Alberta Premier Ralph Klein and the conservative government is to attempt to block same-sex marriages in Alberta should a court case require it or pending federal legislation pass it nationwide. During the 2004 provincial election campaign, Premier Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans tell him they want it. [1] (http://cnews.canoe.ca/CNEWS/Canada/2004/11/10/708976-cp.html)
On March 16, 2000, the provincial government passed Bill 202, which amended the provincial Marriage Act to include an opposite-sex only definition of marriage. The Bill also included in the Act the Canadian Charter of Rights and Freedoms' Notwithstanding Clause. This insulates the Marriage Act from any legal challenge based on violation of Charter rights, including the section 15 equality guarantees.
While the Act can not be challenged under the Charter, some have argued the definition of marriage which it includes is outside the power of the provincial government, or ultra vires, and therefore invalid. The Constitution Act, 1867 is universally interpreted as giving provinces jurisdiction over only the solemnization of marriage, while all other aspects, including capacity to marry, are under federal jurisdiction. At the time Bill 202 was passed, Justice Minister David Hancock did not support it, saying, "In terms of legal effect, I'm convinced it doesn't have any." Hancock subsequently stated that he believes the Act to be constitutionally valid and that Alberta will attempt to uphold it. Following the December 9 2004 Supreme Court response to the federal refence of same-sex marriage, Hancock's replacement, Ron Stevens, conceded that the Bill 202 amendments to the Marriage Act would likely be struck down as unconstitutional on account of its encroachment into what has now been explicitly ruled a matter of federal jurisdiction.
Alberta has historically been Canada's most conservative province on social and religious matters, although some recent polls indicate that attitudes towards same-sex marriage are more supportive in Alberta then they are in the provinces of Manitoba and Saskatchewan, both of which already recognize same-sex marriage.
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