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A group of gay and lesbian couples broke into tears of joy and immediately announced wedding plans Tuesday after Ontario's highest court ruled they have the right to legally marry in the province.

The decision deems Canadian law on traditional marriage unconstitutional and was effective immediately.

"The existing common-law definition of marriage violates the couple's equality rights on the basis of sexual orientation under [the Charter]," the 61-page written ruling said.

The Appeal Court also declared Ottawa's definition invalid and demanded it be immediately changed to refer to "two persons" instead of "one man and one woman." It ordered the city clerk to issue marriage licences to same-sex couples seeking a legal union.

"We're gettin' married in the morning," a jubilant Michael Leshner sang with his partner Michael Stark outside the courthouse, moments after receiving the judgment.

Mr. Leshner, 55, and his longtime partner Mr. Stark, 45, picked up their marriage licence two hours after the decision was released and planned to marry in front of a judge that afternoon.

"Go tell Jean Chrétien, it's dead," Mr. Leshner urged reporters.

"The argument's over. No more political discussion, we've won, the charter won, it's a great day for Canada."

The ruling is a personal victory for seven same-sex couples defending a lower court decision that said Canadian law violated their Charter rights by preventing them from marrying. Ottawa tried to overthrow that ruling, arguing that marriage is a universal concept based on the union of a man and woman.

Ontario's Appeal Court decision joins court rulings in British Columbia and Quebec that also back same-sex unions.

However, it differs in that it calls for the new definition to take place immediately, allowing gay and lesbian couples to marry now.

It also effectively forces Ontario to recognize the January 2001 marriage of Joe Varnell and Kevin Bourassa, who were wed in a Toronto church ceremony using an ancient Christian tradition that allowed them to avoid having to get city-issued marriage licences.

Theirs would be the first same-sex marriage in Canada.

Federal Justice Minister Martin Cauchon said Ottawa recognizes it must move quickly toward a "national solution" to the same-sex issue.

"We see the direction that the courts are taking now," Mr. Cauchon said after a cabinet meeting. "I'm asking for a little bit of time to look at the decision and to come back with a statement."

Prime Minister Jean Chrétien said the ruling was being analyzed and he had nothing to add.

Ontario Premier Ernie Eves said there were still issues to be resolved.

"What two people do in a relationship with each other is really none of anybody else's business," he said.

"Now there are other issues of course that are involved with that and some of them are fiscal or monetary and some of them involve children. Those are different matters."

Mr. Eves says it's up to the federal government to decide if same sex marriages should be legalized in Canada.

"You go back to the issue of which government really has constitutional responsibility for the legalization of marriages and I believe courts have ruled previously that that is the federal government," he said.

Heritage Minister Sheila Copps, a federal leadership candidate, said Ottawa should accept the ruling and not appeal it to the Supreme Court of Canada.

"You can't have a half equality," she said in Ottawa. "You can't say: 'Well, you're equal, but.'

"When you're speaking about equality you're talking about allowing people to exercise all rights under the law including all rights that are available to all others."

The Appeal Court of British Columbia said May 1 that governments should recognize gay marriage when it overturned a British Columbia Supreme Court ruling that said marriage should be restricted to heterosexuals. It gave Ottawa until July 12, 2004 to change the law preventing gays and lesbians from marrying.

Mr. Cauchon has until June 30 to ask the Supreme Court of Canada to review the B.C. ruling or the decision will stand.

An all-party committee is drafting a much-anticipated report on how Parliament should handle the difficult social issue.

Polls indicate a slight majority of Canadians favour legalization of same-sex marriages.

Also celebrating Tuesday were Joyce Barnett and Alison Kemper, who picked up their marriage licence with Mr. Stark and Mr. Leshner and planned to wed in July 2004.

Their two children were ecstatic.

"I knew that nobody could say I didn't have a family," said Robbie, 11, who was born to Alison. "Canada has finally figured out it's unfair to deny this to anybody."

The Netherlands became the first country in the world to legalize marriage for gays and lesbians on April 1, 2001.

Belgium became the second country to open marriage to same-sex couples on Jan. 30, however, important related legislation was not harmonized with the new marriage law.

In British Columbia, the Diocese of New Westminster, which includes 80 Vancouver-area churches, is the first in Canada to offer a blessing to gay and lesbian couples.

It is not considered the same as a marriage ceremony and has been compared by diocese officials to blessing a ship.

A gay Vancouver couple were the first to undergo the controversial new Anglican rite last month.