LEGAL BRIEFS BY BETH ROBINSON AND SUSAN MURRAY nce again, our neighbors 0 to the north have taken a leadership role in the glob- al march toward equal legal rights for gay and lesbian citi- zens. On May 20, in the landmark case of M. v. H., the Supreme Court of Canada ruled that a provincial law that defined ‘spouse’ to include certain unmarried different-sex couples but not comparable same-sex couples was unconstitutional. The court ordered that the law be changed to ensure equal treat- ment for same-sex spouses. The case involved a lesbian couple in Ontario, ‘M’ and ‘H,’ who had lived together for l0 years before their relationship fell apart. ‘M’ went to court seeking spousal support (akin to what we sometimes call ‘alimo- ny’) from ‘H.’ The Ontario law regarding spousal support defined ‘spouse’ to include someone who is actu- ally married, as well as ‘either of a man and woman who are not ‘ married to each other’ and have cohabited for at least three years. ‘Cohabit’ was defined to mean living together ‘in a conjugal relationship, whether within or outside marriage.’ ‘M’ argued that the definition of ‘spouse,’ including unmarried different-sex couples but excluding unmarried same-sex couples, was unconstitutionally discriminatory. The Canadian Supreme Court agreed, and concluded that the definition of ‘spouse’ should include unmarried same-sex couples. The court recognized the legal and economic disad-' vantage the law imposed on gay and lesbian citizens, noting ‘The legislative provision in ques- tion...prevents persons in a same-sex relationship from gaining access to the court- enforced and -protected support system. The denial of that poten- tial benefit...contributes to the general vulnerability experi- enced by individuals in same- sex relationships.’ The court also understood the invidious message implicit in the law’s discrimination, explaining: ‘The exclusion of the same as unmarried hetero- sexual couples. However, in a nation that provides extensive legal protections to unmarried cohabiting partners, the deci- sion’s impact could be far-reach- ing. Plus, the court’s reasoning would seem to apply with the same force in the context of a marriage case. Perhaps most important for those of us outside In a nation that provides extensive legal protections to unmarried cohabiting partners, the decision is impact could be far-reaching. same-sex partners...promotes the view that...individuals in same- sex relationships...are' less wor- thy of recognition and protec- tion. It implies that they are judged to be incapable of fom1- ing intimate relationships of economic interdependence as compared to opposite-sex cou- ples, without regard to their actual circumstances. Such exclusion perpetuates the disad- vantages suffered by individuals in same-sex relationships and contributes to the erasure of their existence.’ M v. H. is not a ‘marriage’ case; the court’s decision merely required that unmarried same- sex couples in Canada be treated of Canada, the court’s decision represents one more (very sig- nificant) step in the international trend toward equal legal treat- ment for gay and lesbian citizens and the families they form. V Susan Murray and Beth Robinson are attorneys at Langrock Sperry & Wool in Middlebury whose practices include general commercial and civil litigation, employment, family, estate, personal injury, and workers compensation cases. If you 'd like our column to cover a particular legal issue of interest to our community, please write OITM or call us at 388-6356. JACQUELINE MARINO Senior Associate REALTOR?” (802) 878-0095 EXT 23 BUS., (802) 878-6288 FAX (800) 488-5609 TOL1. FREE jackie@together.net E-MAIL Each Oltice is Independently Owned And Operated. COLDIIJGLI. BAN KBR D REALTY MART 288 WILLISTON no WILLISTON. VT 05495 BIKE FOR THE RIGHT TO MARRY Vermont Freedom to Marry Task Force B|KE-A-THON ' 25 or 50 Mile Loops Saturday, September I I, 1999 Rain or Shine! OUT IN THE MOUNTAINS —- JULY 1999“--9 4’Whether _you’re huyirg or seffing :7{eaI2-Zstate f or the personal attention and’ professional service you deserve . ‘ Call’ Carrie (jelfan 218 Main St., Brattleboro, Vermont 05301 9!TE??lNr! g (s02) 257-1111 or (soc) 882-6364 nmssms Housepainting 8: Masomzy or all types Call Knis Daley 86 2-9431 Fully Insured 15 yrs. experience free Estlmates Reasonable Bates Decoratlue Palntlng Tlllng Most Health Conscious Food In Burlington... WIIEIIIS TIIE [ll[AI$ EAI_ Yet People Insist that We Serve the Best Food Too ll Great feasts iironi Tlmilancl, Vietnam, Burma, China, .il’1(«IOIl(;‘.':'-‘lit Five Space Cafe 175 Church St. Burlington 864-4045 Delivery through Menus on the Move - 863-MEAL NEWLY EXPANDED KITCHEN AND SEATING Starting at Kingsland Bay State Park,’Ferrisburgh . Beginning at 9:00 a.m. Help raise‘ money for the Vermont Freedom to Marry Task Force! For details and a pledge form call Susan at 877-3165 »