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FYI ... some good info.
Getting Hitched in Canada
Q&A for Same-Sex Couples Thinking About Marriage
Can same-sex couples from the United States get married in Canada?
Yes. It’s now legal for anyone in a same-sex relationship, regardless of where they’re from, to travel to the Canadian provinces of Ontario or British Columbia and get married. Same-sex marriage could be legal in the rest of Canada later next year.
What kind of identification do I need to travel from the U.S. to Canada?
If you are a U.S. citizen, you don’t technically need a passport, but since 9/11 you could face hassles at the border if you don't have one - so bring one if you can. You must have proof of citizenship (like a birth certificate or passport) if asked, and have at least one photo ID. If you are a naturalized U.S. citizen you’ll need either your naturalization certificate or a passport. If you are a permanent U.S. resident, you’ll need your green card and a passport. Temporary U.S. residents need a passport.
Do we need a marriage license?
Yes. Officials in most cities and towns in Ontario and British Columbia can issue marriage licenses. In Ontario, go to any city or town hall. In British Columbia, go to any Office of Vital Statistics. At least one of you must appear in person to get a license. You’ll need to bring identification for yourself, such as a birth certificate or passport. You’ll also need photo ID for both parties. You don’t need an appointment, but you should call ahead to find out the office hours. There is no waiting period. The fee varies depending on where you get the license, but it should be around $100. The license is valid for three months from the day it’s issued. You can download a copy of the Ontario marriage license application here
Do we need to have a witness?
You need two witnesses. You can probably find witnesses at the town hall or Office of Vital Statistics.
What’s the age requirement?
Both people must be at least 18 in Ontario and 19 in British Columbia.
Is a medical certificate required?
No. No medical certificate or blood test is required.
Who can perform the ceremony?
In Ontario, any provincial judge or justice of the peace can perform a civil marriage. In British Columbia, marriage commissioners perform civil ceremonies. To find a marriage commissioner at the place where you’d like to get married, click here.
In both provinces, religious ceremonies can be performed by any person who is authorized by a religious group to perform marriages and is registered with the province.
How can I find a gay-friendly person to perform our marriage?
The Canadian-owned site Pride Bride, Rainbow Wedding Network, and the International Commitment Ceremonies Registry list gay-friendly officials who can perform marriage ceremonies in Canada.
Will my marriage be valid outside of Canada?
If you go to Canada and get married, you will be married. Whether federal and state governments and private businesses will respect your marriage is a more difficult question. Businesses that already recognize same-sex couples (through domestic partnerships or similar systems) will. It’s hard to say what will happen with businesses that don’t recognize same-sex couples yet. Some probably haven’t been asked and may be willing. (Here is how to find out how to approach your employer.) Some are doubtless opposed and will refuse.
Vermont, which has civil unions for same-sex couples, will likely recognize your marriage. The federal government has a law that says it will not. Many states will almost certainly refuse to recognize same-sex marriages from Canada, at least at first. The bottom line is that this issue is headed for the courts and will take time to resolve.
While these issues are being resolved, you need to protect your relationship. For more information about medical powers of attorney, wills and other legal documents that you should consider, click here.
If we are married in Canada, will we have the same legal rights and responsibilities as heterosexual couples?
It depends on whether your home state recognizes the marriage. See the question above.
If we get married in Canada, should we sue to force the state to recognize our marriage?
Before you begin any kind of case about your marriage, you should contact the ACLU or one of the other LGBT legal organizations. You may have a good claim that should be brought, but it’s also possible to do serious harm by suing. In 1997, an Alaskan couple sued the state for the right to marry. After they won a preliminary hearing, the state, with a 71% majority, passed a constitutional amendment, banning same-sex marriage. That ended the case. It also prevents either a state court or the state legislature from ever allowing same-sex marriage until the people vote to change the state constitution again. The state has since used the constitutional amendment to argue that the amendment prevents it from even recognizing domestic partnerships.
If you think you would like to be involved in a case to have your marriage recognized in your home state, contact us by phone at (212) 549-2627 or by e-mail at getequal@aclu.org.
What should I say when asked if I’m married?
Say that you’re married (you are) on applications and forms for jobs, credit, mortgages, insurance and medical treatment, etc. However, if you know that the government agency or organization asking does not recognize same-sex marriages, and especially if by saying that you are married you will receive some special treatment, you should probably make it clear that you’re part of a same-sex marriage. If you don’t, the answer might be considered deceitful. This is especially true of forms from state and federal governments, such as tax forms, Immigration and Naturalization Service (now known as Bureau of Citizenship and Immigration Services) forms, Social Security forms, etc.
You might feel you want to use your government forms to make a stand on the issue. We understand anger at not having your relationship recognized, but think long and hard about any risk you take to make a statement. Willfully breaking the law on principle may leave you in a lot of trouble.
Would we be entitled to file a joint tax return?
No. The Internal Revenue Service will not recognize same-sex marriages. Since you are required to declare your marital status, the issue becomes tricky. You don’t want to deny your marriage. The best bet would be to file as single and note on the form that you are married to a same-sex partner. Talk to an accountant if you can before you file.
What happens if we break up?
The only legal way to get out of a marriage is to get a divorce. That may be difficult for Americans. You have to live in Canada for a year to get a divorce. Since many U.S. states are likely to refuse to recognize same-sex marriages, they are also unlikely to grant you a same-sex divorce. Vermont may well grant divorces for same-sex married couples, but you have to live in Vermont for a year to get a divorce there. To make matters more complicated, the fact that most states won’t recognize your marriage or let you get a divorce doesn’t necessarily mean you get out of all the legal obligations of marriage.
If we break up, could I be required to pay support to my spouse?
This will depend largely on whether your state recognizes the marriage. If you live in Vermont, which will likely allow you to get divorced, it is possible that you could be required to support your ex. In states that don’t recognize your marriage and won’t allow you to divorce, this is less likely. But if your ex moves to a state that does recognize your marriage, you may not be off the hook.
If I get married in Canada, can I sponsor my same-sex spouse for U.S. citizenship?
No. There’s a law that says the federal government will not recognize same-sex marriage, and that includes the Immigration and Naturalization Service (now known as Bureau of Citizenship and Immigration Services). While this policy may be challenged in court, you could be putting your non-national partner at risk of deportation by attempting to sponsor him or her until the courts have struck this policy down or Congress has repealed it. To tell Congress to change this discriminatory policy, click here
Married same-sex Canadian couples who wish to move to the U.S. should expect similar treatment from the INS. A same-sex Canadian spouse who gets permanent residency in the U.S. will not be able to sponsor his or her spouse for residency here.
If I marry a Canadian, can I get Canadian citizenship?
If you marry a Canadian, your spouse may sponsor you for permanent residency in Canada. You can apply for citizenship after becoming a permanent resident and meeting additional requirements including living in Canada for three out of four years and passing a citizenship test.
If I am married to someone else, can I get a same-sex marriage in Canada?
No, not until you’ve gotten a divorce. Entering into another marriage before you get a divorce is bigamy, a crime in both Canada and the U.S.
If I have a civil union from Vermont with someone else, can I get a same-sex marriage in Canada?
While you can go to Vermont and get a civil union anytime, you have to live in Vermont for a year to get the civil union dissolved there. So far, no other state has been willing to dissolve Vermont civil unions. Vermont residents who can dissolve their civil unions must before entering into a Canadian marriage or face being prosecuted for bigamy. Remember - Vermont treats civil unions as the legal the equivalent of a marriage. Unfortunately, even those who are unable to dissolve their civil unions could face prosecution for bigamy if they marry someone else.
What about a prior domestic partnership?
Domestic partnership registries usually spell out your rights and obligations. While you may not be subject to criminal charges if you marry without dissolving your domestic partnership, it would violate some domestic partnership policies and could expose you to legal liability. Since it’s generally pretty easy to dissolve a domestic partnership, you should do it.
If we get married in Canada, will it be easier for my partner or me to adopt our child?
If only one of you is legally a parent (through biology or adoption) a Canadian same-sex marriage probably won’t make it easier for the other to adopt. Every state allows “step- parent” adoptions (so step-parents can adopt the children of their spouses). Some allow “second parent” adoptions (so unmarried partners in both gay and heterosexual relationships can adopt the children of their partners). In the states that already allow second parent adoption, marriage isn’t necessary. Most states that don’t allow second parent adoptions probably won’t recognize Canadian marriages.
For similar reasons, getting married in Canada probably won’t make it any easier for both partners to become parents if you decide to have a child after you’re married.
If we get married in Canada, will that mean that my spouse automatically becomes the legal guardian of my children?
No. Even if you were to get married to a person of the opposite sex in the U.S., your spouse would not become legal guardian of your children until you get a “step-parent” adoption.
Since Massachusetts may legalize same-sex marriage soon, should I wait to get married in Massachusetts?
Since the federal government and many states will refuse to recognize same-sex marriages, it won’t make much difference at this point where you choose to get married. Massachusetts requires you to wait three days from the day the license is issued until you are married. Massachusetts also requires a medical certificate. Like Canada, there is a one-year residency requirement for divorce. It’s hard to say if there will a difference in the future. Some people think states may respect same-sex marriages from other states a little sooner than they'll recognize same-sex marriages from other countries. But that hasn't really been true with heterosexual marriages.
Source: http://www.aclu.org/getequal/rela/canada.html
