Canada’s gay marriage flap probably overstated

Canada’s marriage laws have been awkward from confederation, with the provinces having jurisdiction over marriage and the federal government having jurisdiction over divorce.

It’s been said that the federal government has stated that gay marriages of foreigners in Canada are not valid, but that is probably overstated: http://www.msnbc.msn.com/id/45983012/ns/world_news-americas/

Really the federal government doesn’t have standing to make such a decision for the provinces.

I suspect the trivially true position that if you marry in Canada as a tourist and then go back to live in your home state that doesn’t allow gay marriage or recognize it, your marriage is invalid for your jurisdiction.

It is hard to imagine how such a position could even be described as provocative.   If Canada were to purport to direct e.g. property division and other marriage and divorce related matters in other states, that would be a provocative position. 

Canada has a divorce requirement of residency in the jurisdiction of a year, which is a similar courtesy.   Divorce tourism is not desirable and the social decisions about child custody, property division, spousal support etc. are properly made in the jurisdiction with which the parties have the closest connection.

The idea that Canada could be compelled to change it’s divorce laws to accommodate foreigners that have married there as tourists, doesn’t make any sense.  

If there is to be any criticism it should be of the provincial governments for allowing lax residency requirements for marriage, which encourages gays and lesbians to enter into marriages they may have difficulty ending.