The Ontario Court of Appeal has ruled in favour of same-sex marriages, upholding a lower-court decision that is expected to have a major impact across Canada.

"The existing common law definition of marriage violates the couple's equality rights on the basis of sexual orientation under (The Charter of Rights and Freedoms)," the 61-page written ruling said.

The court declared the current definition invalid and gave Ottawa two years to revamp its laws. It also ordered the City of Toronto to issue marriage licences to the same-sex couples involved in the case.

"We're getting married in a few hours," said Michael Leshner, a 55-year-old Toronto crown attorney who has fought for years to marry his long-term partner, Michael Stark, 45.

A beaming Leshner, seated beside Stark, told a news conference that the ruling today shows Canada is a country of values. "It's really is a wonderful love story.

"This is why people come to Canada. Because they marvel at our values. And we have sent an unmistakable message that love can conquer all."

Leshner and Stark are among seven couples who brought the issue of same-sex marriage to the Ontario Divisional Court, after they tried to apply for marriage licenses with the City of Toronto. The licenses were put on hold pending a court ruling.

Two other Toronto couples joined the case after they wed in January, 2001, but Ontario's minister of consumer affairs refused to register the unions.

Ottawa sought to appeal the lower court decision by the Divisional Court, which found last July that denying civil marriage to gay couples violates the Charter of Rights.

Roslyn Levine argued, on behalf of the Attorney General of Canada, that the concept of marriage has always been based on an opposite-sex union, the ideals of children, permanency and fidelity.

Speaking after Ottawa's argument was rejected, Justice Minister Martin Cauchon asked for some time to digest the judgment before making a comment on behalf of the government.

"We will react as fast as possible," he said during a scrum outside the House of Commons. "There is a parliamentary procedure that is going on and it is normal that we have to take the time to analyze this whole thing."

Ottawa could still choose to appeal the Ontario Appeal Court ruling to the Supreme Court of Canada.

Prime Minister Jean Chretien, also speaking from Parliament, said it's too early to say if there will be an appeal. "So as long as the law procedure is not finished, the law that's there applies."

EGALE, a national organization that lobbies on behalf of gays and lesbians, urged the federal government not to pursue further legal action.

At a news conference Tuesday afternoon, EGALE spokesperson John Fisher applauded the efforts of MPs who have supported their side, including New Democrat MP Svend Robinson.

"And now they have an important role to play in sending an equally strong and clear message to the government...that it's time to end the discrimination and respect the court's decision.

"Leave us alone so that we can get on with our lives and get married," he said.

Despite the court's ruling, Ontario Premier Ernie Eves said Ontario won't be issuing licenses to gay couples anytime soon. He said there are legal concerns about how children would be affected and will wait until the federal government decides that.

"You go back to the issue of which government really has constitutional responsibility for the legalization of marriages and I believe courts have ruled previously that that is the federal government," he said.

Courts in British Columbia and Quebec have also ruled that banning same-sex marriages is unconstitutional.

In May, the B.C. Court of Appeal overturned a B.C. Supreme Court ruling that said marriage is only for heterosexuals. It gave Parliament until July 12, 2004 to change the law.

Cauchon has until June 30 to ask the Supreme Court of Canada to review the B.C. decision