In the past, spouses had to be of opposite genders. This has been found to be unconstitutional (see [http://canlii.ca/t/1jdhv ''Reference re Same Sex Marriage'', [2004<nowiki>] </nowiki> SCR 698, [2004<nowiki>]</nowiki>, SCJNo 75]), and same-sex couples can now marry in every province and territory with the passing of Bill C-38 in the House of Commons, and subsequent passing in the Senate. Bill C-38 received Royal Assent on July 20, 2005 becoming the [http://canlii.ca/t/7w02 ''Civil Marriage Act'', SC 2005, c 33].