Michael Leshner (born April 8, 1948) and Michael Stark, also known as The Michaels, were the men who in 2003 entered into the first legal
same-sex marriage in Canada
Same-sex marriage in Canada was progressively introduced in several provinces by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the '' Civil Marriage Act'' on July 20, 2005. On June 10, 2003, t ...
. They were consequently named the
Canadian Newsmakers of the Year by ''
Time
Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, t ...
'' magazine.
Background
Leshner is a lawyer and a Jew, while Stark is a Catholic and a manager involved in
graphic design. Leshner was born on April 8, 1948, in
Niagara Falls, New York. He then lived in
St. Catharines
St. Catharines is the largest city in Canada's Niagara Region and the sixth largest urban area in the province of Ontario. As of 2016, it has an area of , 136,803 residents, and a metropolitan population of 406,074. It lies in Southern Ontario ...
,
Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...
and went to
Sir Winston Churchill Secondary School. Feeling isolated in small-town Ontario as a homosexual, he went for post-secondary education to the
University of Toronto
The University of Toronto (UToronto or U of T) is a public research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institu ...
.
In 1992, Leshner, who worked for the Ontario government, made news when he successfully argued before the
Ontario Human Rights Tribunal that the provincial government should allow survivor pensions for gay people. He then told the media he believed that private companies should also allow such pensions for homosexuals, or they could be subject to the
Ontario Human Rights Commission. Leshner also said, "I'm rather hard on the gay and lesbian community in part because I think there's too much emphasis on why you should feel sorry for yourself. Social change will happen as quickly as you're willing to move it. If it doesn't happen, don't blame
rime Minister Brian Mulroney."
The 1992 decision led the
Ontario New Democratic Party
The Ontario New Democratic Party (french: link=no, Nouveau Parti démocratique de l'Ontario; abbr. ONDP or NDP) is a social democracy, social-democratic political party in Ontario, Canada. The party currently forms the Leader of the Opposition ( ...
government of
Bob Rae to introduce the
Equality Rights Statute Amendment Act (Bill 167) in 1994, although the bill failed on third reading amid controversy.
Marriage
When Leshner heard of colleagues' plans to try to legalize same-sex civil marriage, he persuaded Stark to get married so the two could start the case. Leshner considered himself to have been in a
common law marriage with Stark for 22 years.
After the ruling by a lower Ontario court, Leshner proposed to Stark in front of reporters. The marriage then occurred after the decision ''
Halpern v. Canada (Attorney General)
''Halpern v Canada (AG)'', 003O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated sec ...
'' by the
Court of Appeal for Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law So ...
deciding homosexuals should be allowed to marry. The Michaels afterwards became well known in their city
Toronto
Toronto ( ; or ) is the capital city of the Provinces and territories of Canada, Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the List of the largest municipalities in Canada by population, most pop ...
, and appeared in the 2003
gay pride parade. The two even made international news. Paul Boddum, a Canadian artist profiled in the ''
National Post
The ''National Post'' is a Canadian English-language broadsheet newspaper available in several cities in central and western Canada. The paper is the flagship publication of Postmedia Network and is published Mondays through Saturdays, with ...
'' for his work based on dogs, made a portrait called "Schmikey the Schnauzer" for Leshner and Stark as a wedding present. The ''National Post'' said this was "Boddum's most famous commission to date."
''Time'' selected the couple as Newsmakers of the Year as an emblem of "the year that Canada rethought what was taboo," referring to other events such as the loosening of marijuana laws. Leshner replied that "I really feel like we're Canada's new
Mary Pickford... we are Canada's sweethearts... What better human rights story to send around the world that says Canada loves the Michaels, and for the rest of the world to wonder, what on earth is going on in Canada?" However, some Canadians have been critical of Leshner and Stark, and wrote to newspapers calling them a "sick aberration," while other Canadians did defend them. One paper called this an "apt reflection of public
opinion poll
An opinion poll, often simply referred to as a survey or a poll (although strictly a poll is an actual election) is a human research survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinion ...
s" indicating Canadians were divided on whether same-sex marriage should be allowed.
''
The Globe and Mail'', in choosing the "Nation Builders of the year," did not select Leshner and Stark. However, they did select the judges involved in the case, namely Chief Justice
Roy McMurtry, Eileen Gillese and James MacPherson.
Afterwards
In 2003,
Bishop Jean-Louis Plouffe argued that future-Prime Minister
Paul Martin
Paul Edgar Philippe Martin (born August 28, 1938), also known as Paul Martin Jr., is a Canadian lawyer and politician who served as the 21st prime minister of Canada and the leader of the Liberal Party of Canada from 2003 to 2006.
The son o ...
would not be truly Catholic if his government recognized same-sex marriage. At around the same time,
Bishop Fred Henry said then-Prime Minister
Jean Chrétien may go to hell for recognizing such marriages. Leshner responded to these arguments, which he called "religious intolerance," by saying "I think the bishop has eaten too much mad cow... The Charter of Rights trumps the Bible." In 2004, Leshner wrote a column in the ''
Toronto Star
The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and pa ...
'' speaking out against
Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
leader
Stephen Harper
Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
in the
2004 federal election. Leshner expressed fear that Harper would use the
notwithstanding clause to overrule gay rights in the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
. Leshner said that "I am beginning to feel like a Jew in Germany in the early 1930s."
Also in 2004, the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to ...
listed Leshner and Stark among the intervenors in the case ''
Re Same-Sex Marriage'', which found that the federal government could establish same-sex marriage. Following the decision, the press noted Leshner and Stark took part in celebrations. Leshner publicly commented in reference to
Alberta Premier Ralph Klein, who Leshner perceived as having been defeated by the ruling, "Ralph, I'm 56-years-old and I can now say: 'Nyah-nyah-nyah-nyah-na-na.'"
See also
*
Michael Hendricks and René Leboeuf
Michael Hendricks and René LeBoeuf are Canadian gay rights advocates. At the height of the AIDS epidemic in the 1980s and 90s, the couple helped lead ACT-UP activists in a fight with the City of Montreal to create a permanent memorial to Quebecers ...
*
Same-sex marriage in Ontario
References
External links
The Michaels' website
{{DEFAULTSORT:Michaels
Activists from Toronto
21st-century Canadian LGBT people
Canadian LGBT rights activists
Living people
Married couples
Same-sex couples
Same-sex marriage in Canada
Year of birth missing (living people)