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Same-sex marriage in Alberta has been available since July 20, 2005, upon the granting of Royal Assent to the federal ''Civil Marriage Act.'' ==Amendment to the provincial ''Marriage Act''== The position of Premier Ralph Klein and the Progressive Conservative government had been to attempt to block same-sex marriages in Alberta should a court case require it or federal legislation pass it nationwide. On March 16, 2000, the provincial government passed Bill 202, which amended the provincial ''Marriage Act'' to include an opposite-sex-only definition of marriage. The bill also invoked the Canadian Charter of Rights and Freedoms' Notwithstanding Clause. This insulated the ''Marriage Act'' from any legal challenge based on violation of Charter rights, including the Section 15 equality guarantees. Under the terms of the Notwithstanding Clause, such a declaration is effective for only five years after it comes into force. For the ''Marriage Act'', this period expired on March 23, 2005. Premier Klein sent mixed messages about whether it would be renewed; ultimately, it was not. While the ''Act'' could not have been challenged under the Charter, the definition of marriage is outside the power of the provincial government, or ''ultra vires'', and therefore invalid. The Constitution Act, 1867, is universally interpreted as giving provinces jurisdiction over only the solemnization of marriage, while all other aspects, including capacity to marry, are under federal jurisdiction. At the time Bill 202 was passed, Justice Minister David Hancock did not support it, saying, "In terms of legal effect, I'm convinced it doesn't have any." Hancock subsequently stated that he believes the act to be constitutionally valid and that Alberta will attempt to uphold it. Following the December 9, 2004 Supreme Court response to the federal reference of same-sex marriage, Hancock's successor, Ron Stevens, conceded that the Bill 202 amendments to the ''Marriage Act'' would likely be struck down as unconstitutional on account of its encroachment into what had by then been explicitly ruled a matter of federal jurisdiction. During the 2004 provincial election campaign, Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans told him they want it. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Same-sex marriage in Alberta」の詳細全文を読む スポンサード リンク
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