The ArQuives Digital Exhibitions

Relationship Recognition

After the passage of Bill 7 in 1986, the fight for queer legal rights was far from over. Over the course of the next three years, CGRO underwent a series of comprehensive reviews to strategize its priorities beyond the inclusion of sexual orientation in the Ontario Human Rights Code. During this period, the coalition renamed itself the Coalition for Lesbian and Gay Rights in Ontario (CLGRO), and established a new mission statement of “working towards feminism and lesbian and gay liberation by engaging in public struggle for full human rights and by strengthening cooperative networks for lesbian and gay activists.”1

On Our Own Terms: A Practical Guide for Lesbian and Gay Relationships

On Our Own Terms (1991) by Laurie Bell and CLGRO

On Our Own Terms

CLGRO’s next large project involving lobbying for legislative change was same-sex relationship recognition. In 1989, CLGRO held the “On Our Own Terms” conference to come to a comprehensive position on relationship recognition. Though one might assume that lesbian and gay communities would be of one mind in wanting legal recognition of their rights, the reality was significantly more complicated. Some members of the conference voiced that they wanted full equality with straight relationships, while others argued that wanting to emulate traditional models of relationships and families was oppressive and tended to homogenize lesbian and gay communities.2

By the end of the conference, CLGRO came to a middle-ground statement of principle: “All people, regardless of sexual orientation, have the right to determine for themselves their primary personal relationships and to have these relationships supported and recognized in law and by social institutions.”3 CLGRO took the stance that denying lesbian and gay couples benefits, rights, or social obligations afforded to straight couples was inherently unjust. The coalition created a working group for relationship recognition as a result of the conference and rising demands for legal recognition beyond Bill 7. By 1991, Laurie Bell, in tandem with CLGRO, published On Our Own Terms: A Practical Guide for Lesbian and Gay Relationships, a comprehensive overview of the legal situations for LGBTQ+ couples.

CLGRO Pink Postcard CLGRO Pink Postcard (side two)

Blank CLGRO pink postcard addressed to Ontario's Premier demanding relationship recognition.

Promises From the Legislature

In the September of 1990 election, Ontario NDP won the cabinet majority. Promptly, the new government expanded spousal benefits for lesbian and gay public service employees, providing hope for relationship recognition activists and organizations like CLGRO. Bob Rae, the first NDP premier of Ontario, wrote CLGRO, stating “I want to assure you of our continuing support for equal treatment of same-sex couples.”4 As far as governmental promises for the future went, the NDP-led parliament discussed “this government’s review of all pertinent laws and policies pertaining to spousal benefits.”5 Yet nothing was done beyond identifying laws that related to spousal benefits. Legislators were reluctant to act, and instead pushed responsibility onto the courts.

It did not help that the only voices actively arguing for inclusive spousal reform laws were CLGRO and a few NDP MPPs. Members of CLGRO and the Lesbian, Gay, and Bisexual Committee of the NDP met regularly, lobbied with MPPs and other cabinet members, and were staunchly ignored by the Attorney General Harold Hankin.6 In June of 1992, CLGRO launched a pink postcard campaign, sending over 5,000 postcards to Premier Bob Rae demanding legal recognition of lesbian and gay relationships.7 Soon after, the coalition’s working group on relationship recognition published the brief Happy Families, listing the 79 provincial laws that had a hetero-exclusive definition of “spouse.” CLGRO also submitted a proposal for an omnibus bill that would amend every definition of “spouse” to include lesbian and gay couples, but it was ignored.8



Lyn McLeod Open Letter

Liberal Lyn McLeod's open letter urging the NDP-led government to act in accordance with the promises they made to the queer community

Bill 45: An Act to Amend the Human Rights Code With Respect to Sexual Orientation

Though the lesbian and gay communities of Ontario had the public support of governmental officials, they were lax in putting actions behind their promises. Bringing the government’s inactivity to light, opposition leader Lyn McLeod wrote an open letter to premier Bob Rae: “If you do not act… be assured that a future Liberal government will move swiftly to take the action which I am requesting you take immediately.”9 Backing McLeod’s claim, Liberal Tim Murphy introduced Bill 45, proposed to afford some spousal benefits for lesbian and gay couples, putting more pressure on the NDP government.

Conservatives met the bill with significant backlash, as they viewed it as a threat to the bedrock of marriage and traditional values. CLGRO quickly compiled and distributed a relationship recognition lobbying kit, including a copy of and commentary on Bill 45, a summary of the Happy Families brief, sample letters to MPPs, a list of MPPs and their telephone numbers, and a petition to the provincial parliament, amongst other things.10 The bill barely passed its second reading, and wasn’t considered for a third. 

Same-Sex Partner Recognition Now Rally Flyer

CLGRO 1994 rally for relationship recognition flyer

More Legislative Letdowns

In May of 1994, Attorney General Marion Boyd introduced Bill 167, an omnibus  to amend 56 provincial laws’ definitions of “spouse” and “marital status.” Immediately, it was met with strong opposition not only from PCs and Liberals, but also NDP legislators from rural ridings. The upset was largely concentrated around allowing adoption for lesbian and gay couples, with the amendation of the Child and Family Services Act. 11After the bill scraped past its first reading, the NDP put it through a major revision in hopes of gaining Liberal support. Instead of changing the definitions of “spouse” and “marital status,” Boyd added a new category of “domestic partner,” an equivalent to straight common-law partnerships. Adoption was struck from the new edition of the bill.12

Bill 167 was utterly defeated in its second reading. Hundreds of protesters in the public gallery, many members of CLGRO, chanted “shame, shame, shame!” and were forced out of the building by security guards wearing latex gloves (to guard them from their fears of contracting AIDS). Later that night, members of CLGRO and thousands of other outraged and disappointed LGBTQ+ and allied Torontonians took to the streets to protest the actions of the government.13 The responsibility for legally recognizing lesbian and gay relationships once again was deflected onto the courts. 

Mike Harris Postcard Mike Harris Postcard

Blank CLGRO postcard addressed to Premier Mike Harris demanding nothing less than equality

Judicial Action

Following the failure of Bill 167, relationship recognition claimed small victories from court cases like Egan v. Canada (1995). In the landmark case, the Supreme Court of Canada ruled that discrimination based on sexual orientation was not allowed under Section 15 of the Canadian Charter of Rights and Freedoms, providing national anti-discriminatory protection.14 The Egan ruling, though it did not recognize lesbian and gay couples as applicable for government pension benefits, was the foot in the door for gaining recognition of lesbian and gay relationships in the courts.

In 1999, the Supreme Court ruled in M. v. H. that under Section 15 of the Charter, lesbian and gay common law relationships must be treated equally to straight ones.15 Specifically, the definition of “spouse” in Ontario’s Family Law Act (FLA) was not in line with the general equality principle outlined in the Charter. The Supreme Court ordered that the Ontario government had six months to bring the law into line with their ruling. In response, CLGRO started another postcard campaign, urging Ontario Premier Mike Harris to amend all laws with discriminatory definitions of “spouse” or “marital status.” Grudgingly, Parliament introduced Bill 5, that would create a new category of “same-sex partner,” granting lesbian and gay spouses the same legal rights as straight common-law couples in 67 provincial laws.16 The Bill passed without altering the definition of “spouse;” nevertheless, CLGRO declared victory.

Happy Families: the Recognition of Same-Sex Spousal Relationships

CLGRO's Happy Families: the Recognition of Same-Sex Spousal Relationships brief

  1. Coalition for Lesbian and Gay Rights in Ontario, “Speaking out, Forcing Change: A Short History of CLGRO (1975-2000),” Toronto: CLGRO, 2000, pp. 15-18.↩

  2. Smith, Mirian, Lesbian and Gay Rights in Canada: Social Movements and Equality-Seeking, 1971–1995 (Toronto: University of Toronto Press, 1999), pp. 122–126.↩

  3. Coalition for Lesbian and Gay Rights in Ontario, Happy Families: The Recognition of Same-Sex Spousal Relationships. Toronto: CLGRO, 1992.↩

  4. CLGRO, “Speaking Out, Forcing Change,” 2000, pp. 20.↩

  5.  Lankin, Frances, chair, Management Board of Cabinet, “Extension of Ontario Public Service Spousal Benefit Coverage to Same Sex Spouses,” Statement to the Legislature, 20 Dec. 1990. As cited by Warner in Never Going Back, 2002, pp. 226.↩

  6. [Correspondence between CLGRO’s spokesperson, Nick Mulé, and MPPs], Working Group on Relationship Recognition, F0044-04-225, CLGRO fonds, Box 18.↩

  7. "Legal Highlights: Pink Postcards and Blue Cross," Xtra! Toronto's Gay and Lesbian News, Issue 251, June 10, 1994, pp. 3.↩

  8.  [An Act to Recognize Same-Sex Spousal Relationships], Working Group on Relationship Recognition, F0044-04-225, CLGRO fonds, Box 18.↩

  9. [Lyn McLeod Open Letter to Premier Bob Rae], Working Group on Relationship Recognition, F0044-04-225, CLGRO fonds, Box 18.↩

  10. [The CLGRO Relationship Lobbying Kit], Working Group on Relationship Recognition, F0044-04-225, CLGRO fonds, Box 18.↩

  11. Bird, Heather. "Focus on Bill 167." The Toronto Sun, (Ontario, Canada), June 8, 1994: pp. 4. ↩

  12. Bird, Heather. “Making Amends.” Sun, June 9, 1994: pp. 2.↩

  13. Walker, William. "MPPS crush same-sex bill." The Toronto Star, (Ontario, Canada), June 10, 1994: A1.↩

  14. Egan v. Canada, [1995] 2 S.C.R. 513. ↩

  15. M. v. H., [1999] 2 S.C.R. 3. ↩

  16. Mallan, Caroline, “Tories Set to Move on Same-Sex Legislation,” Toronto Star, 25 Oct. 1999, A1. ↩


Relationship Recognition