The B.C. Court of Appeal has joined Ontario in permitting same-sex marriages effective immediately.

The supplementary ruling by the B.C. Court of Appeal removes the province's one-year moratorium on same-sex marriages and requires the Department of Vital Statistics to issue marriage licences to all couples.

"The reformulation of the common law definition of marriage as 'the lawful union of two persons to the exclusion of all others' will take immediate effect," the B.C. court's ruling read.

On May 1, the province's Court of Appeal changed B.C. law to allow marriage between "two persons to the exclusion of all others." That ruling was suspended until July 12 of next year in an effort to give Ottawa time to make the necessary revisions.

But same-sex marriage advocates in B.C. who initiated the challenge asked the court to reopen the appeal, after the Ontario Court of Appeal upheld a lower-court decision that ruled the restriction of marriage to opposite-sex couples unconstitutional.

In its decision, the B.C. Court of Appeal found the challenge had merit.

"It is also apparent that any further delay in implementing the remedies will result in an unequal application of the law as between Ontario and British Columbia, with same-sex couples being denied the right to marry in British Columbia until July 12, 2004 while same-sex couples in Ontario may marry as and when they choose to do so," the court said.
Same-sex couples elated

One B.C. couple, poised to take advantage of the rule change, was in court to hear the decision Tuesday morning. Anthony Porcino and Tom Graff, who have been together for 11 years, applied for a marriage licence and then tied the knot outside the B.C. Law Courts building in downtown Vancouver an hour after the ruling came into effect.

Graff told reporters he was overcome with emotion when he heard the ruling.

"I suddenly cried," Graff said. "I didn't know that I was going to do that. In the court they've announced that we can get married."

A tearful Porcino said he was thrilled, proud and ready for the next step.

"(We're) elated, and equal to everyone in our country. It's a rite of passage. Let's go get the licence," Porcino said before the pair left the courthouse and headed to the nearby B.C. Vital Statistics Branch, where they were given a marriage licence.

Filling out the form, Graff and Porcino crossed out bride and groom, replacing them with the word 'spouse.' From there, they headed outside the B.C. Law Courts building to be married by United Church minister Tim Stevenson, a gay member of Vancouver city council.

Ottawa to redefine marriage

Ottawa has already said it will not appeal the earlier Ontario appeals court ruling, but is seeking advice from the Supreme Court on how to reword the 137-year-old definition of marriage instead.

The government will ask whether it is constitutional for laws to oblige religious institutions to perform same-sex marriages and whether marriage falls under the exclusive jurisdiction of the federal government.

Following the high court review, the bill will be put to a free vote in the House of Commons.

On Monday, a coalition of conservative family and religious groups said Ottawa is shirking its leadership duties on the issue. The coalition said they plan to file their own appeal with the Supreme Court of Canada.

With a report from The Canadian Press