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George Hislop this week won his appeal in Ontario in a case in which he sought retroactive pension funds via the benefits of his partner of 28 years, who died in 1986. (Photo courtesy of www.equalmarriage.ca)
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DEC. 3, 2004
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World News
Ontario court rules for gay couples seeking pension benefits

TORONTO — Ontario’s highest court ruled last week that it is unconstitutional to deny retroactive same-sex benefits to widowed gay men and lesbians, the Canadian Press reported. The Appeal Court, agreeing with a lower-court judge, ruled it violates the rights of gay Canadians for the federal government to limit back payments when it extended equality rights on pensions to same-sex couples in 2000, the Press reported. “Excluding many of those who were intended to be included is not rationally connected to the objective of the law, which is to end the discriminatory exclusion of same-sex partners from CPP benefits,” the court’s written ruling stated, according to the Press. The court also said the government does not need to pay retroactive benefits to about 200 estates of claimants who died in the interim, the Press reported. George Hislop, 77, who relied on his partner of 28 years, Ron Shearer, for a steady income, brought the case to court, according to the Press. Shearer died in 1986, forcing Hislop to fight for survivor benefits, the newspaper noted.

South Africa ruling hailed as step toward marriage equality
JOHANNESBURG, South Africa — South Africa’s Supreme Court of Appeal has ruled in favor of a lesbian couple that wanted the definition of marriage changed to include same-sex unions, according to a BBC news report. Marie Fourie and Cecelia Bonthuys said the Marriage Act was unconstitutional because it excluded same-sex marriages, the BBC reported. The ruling does not legalize gay unions but gay rights activists hailed it as a major step toward marriage equality. South Africa’s constitution allows gay couples to adopt, but not to marry. The court said the marriage between the two women could be legally recognized if the formalities in the Marriage Act were respected. “It’s not possible for people of the same sex to be currently married due to the limitations in the current marriage formula and other regulations in the Marriage Act,” Evert Knoesen of the Lesbian & Gay Equality Project told South African radio stations, according to the BBC. “We have to go ahead with legal action to fix up those somewhat more minor legal problems and we foresee that within the next 12 months or so, same-sex couples will indeed be married. The principle has been won,” he said.

Anti-gay measure won’t see vote by Canadian lawmakers
OTTAWA — A Conservative legislator’s bill to define marriage as between one man and one woman will not reach a vote in the Commons, the Canadian Press reported late last week. A committee ruled that James Moore’s bill would not qualify for a vote after its introduction this week. According to Moore, committee members affiliated with the Liberal, NDP and Bloc parties should have allowed the vote, the Press reported. “By shutting down debate, a majority of the members of the committee have denied millions of Canadians a choice on this important issue,” Moore told the paper. The Supreme Court of Canada soon will consider the legality of gay marriage, which so far has been supported by lower courts across the country, the Press reported. Moore alleged that the Commons committee pre-judged the high court’s decision.

New Zealand officials advise approval of civil unions proposal
WELLINGTON, New Zealand — If Parliament this week accepts the recommendation of a select committee, the Civil Union Bill will go into effect on April 26, Stuff.co.nz, a New Zealand news Web site, reported. The justice committee recommended the bill continue through Parliament, where members likely will approve it before Christmas, the site reported. The measure gives both same-sex and unmarried heterosexual couples legal recognition but does not change the New Zealand Marriage Act, which is limited to men and women. The civil union proposal was approved 66-50 and moved to the committee for public comment. United Future MP Paul Adams is fasting for 21 days in hopes that God will answer his prayers and stop the measure, the Web site reported. “If we humble ourselves and pray, he’ll hear our prayers,” Adams said. “I know that fasting will make a difference.”

Nigerian court issues warrant for man accused of gay sex
KEFFI, Nigeria — A middle-aged man is wanted for allegedly engaging in a sex act with a businessman, a Nasarawa Sharia court sitting in Keffi declared this week, Nigeria’s Vanguard reported. Michael Ifediora Nwokoma is charged with engaging in a gay act with Mallam Abdullahi Ibrahim, Vanguard reported, and the court issued a bench warrant for his arrest. In Nigeria, under Islamic Sharia law, homosexuality is a serious crime that can be punishable upon conviction by death by stoning, Vanguard reported. A supervisor with a building construction firm in Keffi, Nwokomah and Mallam Ibrahim, a Muslim cleric’s son, allegedly engaged in “unholy” acts for some time, the Web site reported. Some local Muslim youth who suspected the duo were gay allegedly got Ibrahim, who almost was lynched in the process, to confess to homosexual acts, according to Vanguard. Nwokomah heard of the incident and escaped, Vanguard reported.

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