US denies gay 'family' entry
19/09/2003 10:45  - (SA)  

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Montreal - The United States denied entry to Canada's first legally married gay couple because they had filled out a single customs form as a family, Canada's foreign ministry said Thursday.

A US customs official at Toronto Pearson International Airport denied entry to Kevin Bourassa and Joe Varnell, CBC television said.

They are the couple whose case led an Ontario court to recognise gay marriage in June.

The customs agent denied them entry as a family because the United States does not recognise same-sex marriage. The United States allows all members of a family to use the same form.

Refused separate forms

The two men refused to fill out separate forms and cancelled their trip to Braselton, Georgia, where they were due to participate in a human rights conference.

Doug Elliott, a lawyer for the couple, told the CBC he was considering legal action against the Canadian and US governments.

"A law in Canada does not have extra-territorial application. Each country is free to impose conditions of entry to its territory," foreign ministry spokesman Reynold Doiron said.

Varnell and Bourrassa celebrated their union in January 2001 in Toronto, a few weeks after the Netherlands enacted a law allowing gay marriage. They won their legal battle to have their relationship legally recognised as marriage in the province of Ontario.

A court in British Columbia followed soon afterward.

Canada's federal government is considering legislation that would recognise same-sex marriage throughout the country.

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