Download Queer Judgments: Homosexuality, Expression, and the Courts by Bruce MacDougall PDF

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By Bruce MacDougall

Chapter 15 of Canada's constitution of Rights and Freedoms now states that it truly is unconstitutional to discriminate at the foundation of race, type, or sexual orientation. even supposing the letter of the legislation has been replaced in regards to homosexuality, has the spirit of the folk who enforce the legislation been reworked as well?

Judicial reaction to situations about the rights of lesbians and homosexual males - judgements and the language utilized in the ruling - has a profound impression on social perceptions. Bruce MacDougall sifts via 1000s of stated and unreported instances of the earlier 4 a long time so as to discover the subjective assumptions and biases working within the courts. In his exam of concerns together with homosexual bashing, homosexuality and the college process, trip, and pornography the writer exposes the insidiousness of homophobia in society. MacDougall additionally assesses the impression of person judges on Canadian society.

This examine examines the rhetoric of judicial expression in reference to an enormous array of fabric with reference to homosexuality. MacDougall's sort is refreshingly conversational, and .Queer Judgments., with its severe point of view, celebrates the reforms which have been completed and indicates ideas for social change.

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Extra info for Queer Judgments: Homosexuality, Expression, and the Courts in Canada

Example text

93 In the construction of homosexuality, homosexuality as a choice carries all sorts of baggage. Homosexuals do not live in ordinary situations; they have 'lifestyles' and form odd groups. In Children's Aid Society of the District of Thunder Bay v. T. '94 One never hears of a 'ring' of heterosexuals. In Anderson v. Luoma (1986), the court considered whether one lesbian had an obligation to support her former partner and her two children, born during the relationship between the two women. In describing the plaintiff, Dohm J said: 'My impression of the plaintiff is that she is sincere and forthright but quite naive.

Homosexuality cannot be 'wrong,' or at least not entirely wrong, if the homosexual was born that way. That the argument is even started, however, concedes to a certain extent the point that there is a right/wrong component to the question. The essentialist and the constructionist both take on the question of why someone is homosexual, although in somewhat different forms. In its essentialist guise, the question is whether the person could be anything but homosexual; in its constructionist guise, the question is what factors lead to the conclusion that the person is homosexual.

35 Many people do this without either defining those terms or considering a middle position. '37 It is out of this insistence on either/or that the definitional difficulties of homosexuality arise. Human activity and desire are so diverse that they cannot really be slotted into one of two pigeonholes. Opening up the choices, to include, say, bisexuality, does not provide much help because there are then still only three choices for the whole of human experience. In fact, of course, the homo/heterosexual categorization historically is not so much an effort towards proper labelling as it is a generalized two-tier ranking.

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