The Michaels
Encyclopedia
The Michaels is a public name used to refer to the couple Michael Stark and Michael Leshner. They were the men who in 2003 entered into the first legal same-sex marriage in Canada
, and were consequently named the Canadian Newsmakers of the Year
by Time
magazine.
. Leshner was born on April 8, 1948, in Niagara Falls
, New York
. He then lived in St. Catharines, Ontario
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
.
In 1992, Leshner, who worked for the Ontario government, made news when he successfully argued before a court 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 [Prime Minister Brian] Mulroney
."
by the Court of Appeal for Ontario deciding homosexuals should be allowed to marry. The Michaels afterwards became well-known in their city Toronto
, and appeared in the 2003 gay pride parade
. The two even made international news. Paul Boddum, a Canadian artist profiled in the National Post
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
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.
argued that future-Prime Minister Paul Martin
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
speaking out against Conservative
leader Stephen Harper
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
. 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
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.'"
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
, and were consequently named the Canadian Newsmakers of the Year
Canadian Newsmaker of the Year (Time)
The Canadian Newsmaker of the Year is a designation awarded by the Canadian edition of Time magazine. It comes with a written piece reflecting the magazine's staff's opinion on which Canadian or Canadians have had the most impact on the news, either positively or negatively...
by Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
magazine.
Background
Leshner is a lawyer and a Jew, while Stark is a Catholic and a manager involved in graphic designGraphic design
Graphic design is a creative process – most often involving a client and a designer and usually completed in conjunction with producers of form – undertaken in order to convey a specific message to a targeted audience...
. Leshner was born on April 8, 1948, in Niagara Falls
Niagara Falls
The Niagara Falls, located on the Niagara River draining Lake Erie into Lake Ontario, is the collective name for the Horseshoe Falls and the adjacent American Falls along with the comparatively small Bridal Veil Falls, which combined form the highest flow rate of any waterfalls in the world and has...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. He then lived in St. Catharines, Ontario
St. Catharines, Ontario
St. Catharines is the largest city in Canada's Niagara Region and the sixth largest urban area in Ontario, Canada, with 97.11 square kilometres of land...
and went to Sir Winston Churchill Secondary School
Sir Winston Churchill Secondary School (St. Catharines)
Sir Winston Churchill Secondary School is a secondary school in St. Catharines, Ontario, Canada. It is one of 8 public high schools in St. Catharines, and is located in the Glenridge area of the city...
. Feeling isolated in small-town Ontario as a homosexual, he went for post-secondary education to the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
.
In 1992, Leshner, who worked for the Ontario government, made news when he successfully argued before a court 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
Ontario Human Rights Commission
The Ontario Human Rights Commission was established in the Canadian province of Ontario on March 29, 1961 to administer the Ontario Human Rights Code...
. 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 [Prime Minister Brian] Mulroney
Brian Mulroney
Martin Brian Mulroney, was the 18th Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. His tenure as Prime Minister was marked by the introduction of major economic reforms, such as the Canada-U.S...
."
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 (Attorney General)
Halpern v. Canada, [2003] O.J. No. 2268 is a notable June 10, 2003 decision of the Court of Appeal for Ontario where the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and...
by the Court of Appeal for Ontario deciding homosexuals should be allowed to marry. The Michaels afterwards became well-known in their city Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
, and appeared in the 2003 gay pride parade
Gay pride parade
Pride parades for the LGBT community are events celebrating lesbian, gay, bisexual and transgender culture. The events also at times serve as demonstrations for legal rights such as same-sex marriage...
. The two even made international news. Paul Boddum, a Canadian artist profiled in the National Post
National Post
The National Post is a Canadian English-language national newspaper based in Don Mills, a district of Toronto. The paper is owned by Postmedia Network Inc. and is published Mondays through Saturdays...
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
Mary Pickford
Mary Pickford was a Canadian-born motion picture actress, co-founder of the film studio United Artists and one of the original 36 founders of the Academy of Motion Picture Arts and Sciences...
... 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
Opinion poll
An opinion poll, sometimes simply referred to as a poll is a survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence...
s" indicating Canadians were divided on whether same-sex marriage should be allowed.
The Globe and Mail
The Globe and Mail
The Globe and Mail is a nationally distributed Canadian newspaper, based in Toronto and printed in six cities across the country. With a weekly readership of approximately 1 million, it is Canada's largest-circulation national newspaper and second-largest daily newspaper after the Toronto Star...
, 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
Roy McMurtry
Roland "Roy" McMurtry, OC, OOnt is a judge and former politician in Ontario, Canada and the current Chancellor of York University.-Early life:McMurtry was born in Toronto and educated at St. Andrew's College, graduating in 1950...
, Eileen Gillese and James MacPherson.
Afterwards
In 2003, Bishop Jean-Louis PlouffeRoman Catholic Diocese of Sault Sainte Marie, Ontario
The Diocese of Sault Sainte Marie, Ontario was decreed on September 16, 1904 and is formed by the southern portions of the districts of Thunder Bay, Algoma, Sudbury and Nipissing....
argued that future-Prime Minister Paul Martin
Paul Martin
Paul Edgar Philippe Martin, PC , also known as Paul Martin, Jr. is a Canadian politician who was the 21st Prime Minister of Canada, as well as leader of the Liberal Party of Canada....
would not be truly Catholic if his government recognized same-sex marriage. At around the same time, Bishop Fred Henry
Frederick Henry (bishop)
Frederick Bernard Henry is the seventh and current Roman Catholic bishop of the diocese of Calgary, in the province of Alberta, Canada.-Biography:...
said then-Prime Minister Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
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
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...
speaking out against Conservative
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
leader Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
in the 2004 federal election
Canadian federal election, 2004
The Canadian federal election, 2004 , was held on June 28, 2004 to elect members of the Canadian House of Commons of the 38th Parliament of Canada. The Liberal government of Prime Minister Paul Martin lost its majority, but was able to form a minority government after the elections...
. Leshner expressed fear that Harper would use the notwithstanding clause
Section Thirty-three of the Canadian Charter of Rights and Freedoms
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter...
to overrule gay rights in the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. 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
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
listed Leshner and Stark among the intervenors in the case Re Same-Sex Marriage
Re Same-Sex Marriage
Reference re Same-Sex Marriage [2004] 3 S.C.R. 698, 2004 SCC 79, was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada...
, 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
Premier of Alberta
The Premier of Alberta is the first minister for the Canadian province of Alberta. He or she is the province's head of government and de facto chief executive. The current Premier of Alberta is Alison Redford. She became Premier by winning the Progressive Conservative leadership elections on...
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.'"