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Same-sex marriage has been legal in Yukon since July 14, 2004, immediately following a ruling from the Supreme Court of Yukon. This made the territory the fourth jurisdiction in Canada, and the seventh in the world after the Netherlands, Belgium, Ontario, British Columbia, Quebec and Massachusetts, to legalise same-sex marriage. Yukon was the first of Canada's three territories to legalise same-sex marriage, and the only one to do so before the federal legalisation of same-sex marriage in July 2005 by the Parliament of Canada.
Court ruling
In July 2003, Justice Minister Elaine Taylor said the government was taking a "wait-and-see" approach to same-sex marriage in Yukon, and would prefer for the Supreme Court of Canada or the Parliament of Canada to address the issue, The judge obtained verbal promises from the Yukon Government that the couple would be granted a marriage licence. Premier Dennis Fentie praised the ruling. Laurie Arron, from Egale Canada, said, "This ruling sends a message that governments across the country must now accept the Charter rights of same-sex couples to marry in a civil ceremony. There is one law for the whole country, and that law includes same-sex couples."
Territorial legislation
In May 2002, the Yukon Legislative Assembly approved a bill allowing same-sex couples to adopt children jointly. The law took effect on 1 January 2003. On 9 December 2014, the Assembly amended the territorial Marriage Act (; ) to replace all references to "husband and wife" with the gender-neutral term "spouses". It received royal assent by Commissioner Doug Phillips on 11 December and took effect on 1 June 2015. MLA Kate White referenced Dunbar and Edge when speaking in favour of the legislation:
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! Party !! style="width:15%;"| Voted for !! Voted against !! Absent (Did not vote)
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| Yukon Liberal Party
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| Yukon Party
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| Yukon New Democratic Party
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| style="text-align:center;" rowspan="2" | Total
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| style="text-align:center;" | 0
| style="text-align:center;" | 2
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First Nations
While the Indian Act governs many aspects of life for First Nations in Canada, it does not directly govern marriage or provide a framework for conducting customary marriages. Instead, marriage laws are primarily governed by provincial and territorial legislation. However, the Indian Act has some indirect impacts on marriage, particularly regarding band membership and property rights on reserves.
While there are no records of same-sex marriages being performed in First Nations cultures in the way they are commonly defined in Western legal systems, many Indigenous communities recognize identities and relationships that may be placed on the LGBT spectrum. Among these are two-spirit individuals—people who embody both masculine and feminine qualities. In some cultures, two-spirit individuals assigned male at birth wear women's clothing and engage in household and artistic work associated with the feminine sphere. Historically, this identity sometimes allowed for unions between two people of the same biological sex. Ethnographic sources report that the Dene recognised gender variance and an institutionalized two-spirit status. First Nations have deep-rooted marriage traditions, placing a strong emphasis on community, family and spiritual connections. For example, customary Gwichʼin marriages incorporate spiritual practices, along with feasting and traditional dances. Marriages were exogamous, matrilineal and mostly monogamous, though chiefs (), shamans () and wealthy men occasionally practiced polygyny. Likewise, Northern Tutchone marriages were traditionally exogamous and matrilineal, with bride service also required and chiefs () practicing polygyny.
Marriage statistics
44 same-sex couples married in Yukon between July 2004 and July 2014. The 2016 Canadian census showed that there were 70 same-sex spouses living in Yukon, with 55 (78.6%) being women. The census also showed that about 1.9% of Whitehorse women in couples were in same-sex relationships; the second highest in Canada after Yellowknife in the Northwest Territories. Men in same-sex couples accounted for 0.7% of men in couples.
Religious performance
In July 2019, the synod of the Anglican Church of Canada passed a resolution known as "A Word to the Church", allowing its dioceses to choose whether to bless and perform same-sex marriages. The canons of the Diocese of Yukon do not explicitly prohibit same-sex marriages, and one of the only mentions to marriage defines it as being "between two people". Former Bishop Larry Robertson, who retired in 2019, was opposed to same-sex marriage.
Some other religious organisations perform same-sex marriages in their places of worship, including the United Church of Canada, Quakers, the Evangelical Lutheran Church in Canada, and the Canadian Unitarian Council.
See also
- Same-sex marriage in Canada
- LGBT rights in Canada