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Judge Rules Adulterous Buggery No Grounds for Divorce in Gay 'Marriage' Canada

Woman denied automatic divorce from husband who has gay lover

VANCOUVER, August 30, 2005 (LifeSiteNews.com) -  In a case which aptly captures the complete loss of sanity in the Canadian legal system, a Supreme Court judge in BC has ruled that a woman cannot be granted an immediate divorce from her husband on the grounds of adultery since he buggered another man, rather than having adulterous sex with another woman. Divorce laws in Canada allow for an automatic divorce after a year of separation, however immediate divorces are granted on grounds of proven adultery or cruelty.

The case is ideal for homosexual activists who have just won the battle to enforce homosexual 'marriage' on an unwilling Canadian public.  It is being argued by Barbara Findlay (who prefers her name spelled without upper-case letters), the homosexual activist lawyer, who is also arguing the case against the Knights of Columbus hall in BC which refused to allow a lesbian couple to celebrate their "wedding" reception there. (http://www.lifesitenews.com/ldn/2005/jan/05012607.html )

The sad circumstances of Shelly Pickering, are being used by homosexual activists to advance their cause.  Pickering was married 17 years to a man who admitted in January to having sex with a younger man and is not contesting the divorce. 

Justice Nicole Garson of the B.C. Supreme Court refused to order the immediate divorce, because the definition of adultery in common law does not include homosexual sex. However, reports the Globe, "The judge also told Ms. Pickering that she would hear the case again if a lawyer would argue why the legal definition of adultery should be broadened to include same-sex adultery."

Brian Rushfeldt of the Canada Family Action Coalition said that the judge was committing an abuse of power in proposing a challenge to the legal definition of adultery.  "It sounds like the judge is holding the system ransom to use her judicial bench for activism," Rushfeldt told LifeSiteNews.com.  "To me that's an abuse of the bench and in my opinion she ought to be turfed," he said.

Rushfeldt also wondered if Pickering was informed of the possibility of a legal declaration of nullity in the case.  A legal decree of nullity declares, in effect, that the parties never were married.  Grounds for nullity include fraud or duress preventing legal consent to the marriage at the time the marriage was contracted.

See the Globe and Mail coverage:
http://www.theglobeandmail.com/servlet/story/RTGAM.20050830....

jhw

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