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Six provinces have gay marriage already. This is on the basis of appeal court rulings in those provinces that say anything else is unconstitutional.

Solemnization of marriage (i.e. the details of who gets to be a marriage commissioner, the paperwork, etc.) is a provincial responsibility, while who gets to get married is a federal responsibility. The court rulings were about who gets to get married, but because they were by provincial appellate courts, they only apply to the provinces they're in. Right now, there's no legislation saying that gay marriage is ok, it just is in the 6 provinces because laws otherwise are unconstitutional. Get it?
 
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