Andrew Raven
Northern News Services

Yellowknife (May 25/05) - The territorial government will not oppose a lawsuit launched by a gay couple looking to marry, paving the way for same-sex unions in the NWT.

Justice Minister and Attorney General Brendan Bell said the government is "supportive of all couples" and will not challenge the case when it is heard in Supreme Court, Friday.

Jason Perrino and Colin Snow launched the lawsuit last week, seeking changes to the territorial legislation that defines marriage.

The couple, who twice had applications for a marriage licence denied, claimed in court documents the current definition is unconstitutional.

"We wish to have the same right to marry as any other Canadian in a committed relationship," Perrino wrote.

"Colin and I do not wish to feel like second-class citizens."

Perrino, a school teacher, and Snow, a public servant, declined to discuss the court challenge publicly.

"They are a private couple," said their lawyer, Sheila MacPherson. "But they felt compelled to bring this action."

Perrino and Snow have been living together since June 2001. Snow has a four-year-old daughter from a former relationship.

The couple were joined during a ceremony at Yellowknife's United Church in the summer of 2003. Nearly 100 people attended the blessing, which Perrino described as "a wedding ceremony in every way but legal."

Territorial government officials denied Perrino and Snow a marriage licence that summer on the grounds the law restricted those unions to heterosexual couples. They were denied a second licence in April 2005.

MacPherson, who described the couple as "courageous," said a victory in court Friday could lead to an immediate change to the law.

Seven other Canadian jurisdictions currently allow same sex marriages while a court challenge is pending in an eighth - New Brunswick.

While the territorial government is supportive of homosexual couples, it has taken the position that it cannot change the definition of marriage without a court challenge.

A federal law that would alter the definition is awaiting final reading in parliament.

Perrino and Snow decided to launch their lawsuit after the Conservative Party of Canada threw roadblocks in front of the federal same-sex legislation. Critics said the strategy was meant to delay the bill until after a federal election, a prospect that dimmed after the Liberal government narrowly survived a confidence vote Thursday.

"With the latest filibuster tactics from the Conservatives, Jason and Colin had no other choice than to file this challenge in court," said Don Babey, spokesperson for the territorial chapter of Canadian for Equal Marriage.

"It has become a necessary means to ensure that gay and lesbian couples are treated equally, right across the country," he said.