The Globe and Mail newspaper reported that is contending in a Canadian court that non-Canadian same-sex marriages performed in Canada since 2004 are only considered married under Canadian law if gay marriage is also legally recognized in their home country or state.
The Globe and Mail is basing its report on court documents filed in a Toronto test case launched by a lesbian couple who were married in Toronto in 2005 and are now seeking a divorce
A Department of Justice lawyer reportedly argued the marriage was not legal in Canada because the couple could not have been legally married in Florida or England, where the two live.
More than 5,000 same-sex marriages involving couples from outside Canada have taken place since same-sex marriage was legalized in 2004.
The Ontario Superior Court is reportedly set to rule on an outcome next month.