Saskatchewan has become the seventh Canadian jurisdiction to allow same-sex marriages.
Madam Justice Donna Wilson of the Court of Queen's Bench ruled Friday that the traditional definition of marriage, as it currently exists, discriminates against gay and lesbian couples.
Five couples who were denied marriage licences because they were not of the opposite sex filed a statement of claim seeking a declaratory judgment that the common-law definition of marriage be changed.
The group wanted the definition changed to read "two people to the exclusion of others," rather than "two people of the opposite sex."
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"The judge found that it is unconstitutional to exclude same-sex couples from civil marriage and changed the law to include them," said Greg Walen of Saskatoon law firm Scharfstein Gibbings Walen & Fisher, who represents the couples. "The judge agreed with the Ontario Court of Appeal that 'the dignity of persons in same-sex relationships is violated by the exclusion of same-sex couples from the institution of marriage.'"
Justice Minister Frank Quennell has said the provincial government will not contest the challenge.
Justice Wilson ordered that a total of $10,000 in legal costs be paid to the five couples making the application. The tab was split evenly between the two levels of government.
"Marriage signifies societal recognition and affirmation of a relationship between two people who love each other and are committed to each other," said Lenore Swystun, who was part of the court challenge with her partner, Kelley Moore.
"Kelley and I had a commitment ceremony Jan. 25, 2002, but, for us, equal marriage is simply about acknowledging our basic human rights."
Same-sex marriage has been legalized in every province or territory where the constitutionality of banning it has been challenged in the courts. Gay and lesbian couples may also marry in Ontario, British Columbia, Quebec, Manitoba, Yukon and Nova Scotia.
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