The couples are the first in the province to proceed with a court case for same-sex marriage rights.
Court challenges in many other provinces have led to judges ruling that denying such rights amounts to discrimination on the basis of sexual orientation. New Brunswick, Alberta and P.E.I. are the only provinces that don't allow same-sex couples to marry.
Federal same-sex legislation now being considered in Ottawa will change that, but the New Brunswick couples say they don't want to wait for Bill C-38 to pass, especially with a federal election looming that could kill the proposed Civil Marriage Act.
- FROM FEB. 1, 2005: Cotler unveils 'landmark' same-sex law
"It's unfortunate that it's come to this," said Wayne Toole, a man from Moncton who married his longtime partner two years ago in Ontario.
That partner, Art Vautour-Toole, ran into a roadblock when he applied for a name change at a government office in Moncton, seeking to legally assume his new spouse's name.
"Our issue is that we've waited long enough," Vautour-Toole told CBC's Newsworld on Monday.
Alison Menard is the lawyer handling the four couples' cases free of charge.
She will seek a hearing at the New Brunswick Court of Queen's Bench to argue that the traditional definition of marriage as being between one man and one woman should be struck down in New Brunswick as it has in other provincial and territorial jurisdictions.
- FROM DEC. 9, 2004: Lord Tories will accept same-sex marriages
In December, New Brunswick Premier Bernard Lord said his province would follow the lead of the federal government in allowing same-sex marriages once the legislation has been passed.
He also promised to take extra steps to protect churches from being sued if they refuse to marry a gay couple.
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