For anyone who's interested I wrote another paper on Gay Rights and Homophobia in Canada for my Social Problems course. I finished it this morning (FINALLY!) and you can all read it if you want :)
the original paper had endnotes and everything but i can't get themto work here so you'lll have to read it without knowing where my sources are from.
This research paper will examine the growing situation surrounding gay rights in Canada through a display of the history of these rights as well as through the numerous problems of homophobia that accompany it. The paper will then further explore the fight for gay marriage in Canada as well as explore what certain authority figures within the Canadian government think and publicly say about the matter. Critical to understanding the notions of sex, gender and sexuality are the different theoretical perspectives that society has developed and continues to follow. The different perspectives being displayed in this paper are Biological Essentialism, Social Constructionism and, Postmodernism.
This problem of homophobia and the fight for gay rights is extremely widespread. Not only is this present in Montreal and Canada, it is persistent across the globe. This directly affects Gays, Lesbians, Bisexuals, and their families (subsequently will be referred to as GLBs). Additionally, this indirectly affects the entire Canadian population through the same-sex marriage debate. This debate is a question of basic human rights as proposed by the Canadian Charter of Rights and Freedoms. One can see the different ways in which they are affected by analyzing the stigmatization of GLBs in North American society as well as through the opposition to the Liberal Governments’ same-sex marriage bill. Additionally, the most obvious way in which this minority group will be affected is though the everyday torment and abuse that they are faced with; in other words - hate crimes.
The homophobia and hate crimes that have surrounded GLBs have not always been considered a social problem nor has it always been as prevalent as it is today. According to Essentials of Abnormal Psychology, “gay males and lesbians [are defined as having] erotic interest in members of their own gender.” In ancient Greek and Roman societies, homosexuality was looked upon as a natural phenomenon and had even come to be expected. However, up until midway through the 20th century, society had defined homosexuality as a sin, an illness, an ideological deviation, or a betrayal of one's own culture. Until 1969, the criminal code in Canada defined homosexuality as a crime. However, in that year, Prime Minister Pierre Trudeau passed Bill C-150, which decriminalized it. Following this catalyst in gay rights, Quebec became the first province to rule, under the Human Rights Code, that discriminating against homosexuals is illegal. Another major occurrence in the history of Canadian gay rights occurred in November of 1992 when the Canadian Government discontinued the prohibition of GLBs from military service. Moreover, in April of 2000, the Canadian government passed Bill C-23, which provided the same social, and tax benefits to same-sex couples as common-law couples. Furthermore, one of the most important statements made by the Ontario Superior Court was made in July of 2002 wherein the banning of same sex-marriage was defined as unconstitutional and a as a violation of the Canadian Charter of Rights and Freedoms. In June of the following year, Ontario’s Court of Appeals upheld a lower court ruling that allowed same-sex marriages. Following this, in July of 2003 and, January of 2004, respectively, a total of four questions were presented to the Supreme Court of Canada. The questions included such inquiries as whether or not the traditional definition of marriage as a union between only heterosexual couples was constitutional as well as whether or not a draft bill to allow same-sex marriage was within the jurisdiction of the Canadian government. Consequently, in December of the same year, following the proposal of these questions, the Supreme Court announced that Parliament indeed does have the power to redefine marriage in order to include same-sex couples but that religious officials cannot be forced into performing the ceremonies.
The whole notion of religious officials being opposed to homosexuality is what has prompted society, over the past few hundred years, to have a homophobic stance as opposed to the ancient Roman and Greek times where homosexuality had been accepted. The church traditionally places a heavy emphasis on procreation and following religious norms, which is, according to them, only possible through an opposite-sex coupling. Granted that procreation is, in fact, only possible through sexual intercourse between a male and female, living a good life is in no way dependant on such a relationship. The attitudes of the rest of the public are divided. The Liberal Government is, obviously, in favour of same-sex marriage. However, their Conservative Opposition is not. Moreover, our city and country are filled with people who support the fight for gay rights as well as people who are homophobic and opposed to even recognizing GLBs as people with any rights at all. Conversely, there are insufficient findings in order to determine whether or not the public as a whole determines that the strife surrounding the fight for gay rights is, in fact, a social problem. However, one can assume that the GLB community, social workers, the Liberal Government and portions of their supporters, generally do classify this as a problem.
As previously mentioned, the different theoretical perspectives are vital to understanding sex, gender, and sexuality. The first perspective, Biological Essentialism , assumes that the origin of all sexual attraction and behaviour stems from our biological makeup. Within this perspective, one finds the argument that homosexuals are born as homosexuals and should not be changed or unaccepted. This view also promotes the idea that homosexuals need professional treatment that would prevent them from acting upon their “‘deviant’ sexual drives and desires.” However, such a perspective falls under the criticism that if doctors were, in fact, to discover the “gay gene” then society would be provided with the knowledge to then abort an “unwanted” fetus. This theory was also supported by the fact that up until 1973, homosexuality was classified as a sexual disorder.
The second perspective, Social Constructionism, acknowledges that biology or genetics do play certain roles in same-sex attraction. However, not much attention is paid to that aspect. Within this view, the individuals’ identity and role are formed and given significance through social experiences. The alleged meaning changes over the course of time and this change dictates the expression of self both sexually and, as an identity. This particular perspective provides cause for religious fundamentalists to condemn homosexuality as immoral due to its portrayal as a “choice” and a “lifestyle.”
The third and final perspective, the Postmodernist Perspective , rejects labels and categories as created through the two other perspectives and past beliefs. This view states that each individual has a definition and means of personal expression unique to him or herself, which may change over the course of his or her life. Postmodernism also recognizes that many views have been silenced throughout history and that this has in turn ensured that only those who have power and authority are heard. Therefore, nobody is ever presented with a well-rounded view on any given topic or concern.
Over time, public views and opinions do change. This was displayed throughout the history examined previously, as well as through the three different theoretical perspectives. This is also evident in the way that public figures of authority go about addressing issues relating to gay rights. As previously stated, being a homosexual was a punishable offence up until 1969, where as, in modern times, although not fully accepted, homosexuality is no longer illegal and it is relatively widespread. For example, Irwin Cotler, the current Justice Minister of Canada, is an avid fighter on behalf of the homosexual population of Canada. He furthermore argued with the Catholic Church over their appeal that the Canadian Government should use the notwithstanding clause of the Canadian Charter of Rights and Freedoms in order to delay legislation concerning same-sex marriage. The reasoning behind this is that Cotler deemed such a delay as a violation of Canadians’ rights. He further explained this by saying:
If we've got 12 prohibited grounds of discrimination
under the Canadian Charter of Rights and Freedoms,
we can't just cherry pick and say, 'Okay, 11 of those
which deal with discrimination on the grounds of race,
religion, national and ethnic origin, gender and the like,
they're okay. But when it comes to sexual orientation,
well, we're not going to respect that one.
Cotler raises a valid point when stating that banning same-sex marriage or being anti same-sex marriage would constitute a violation of rights. This violation would affect many people across the country. According to gay rights activists, the GLB community make up between five to ten percent of the entire Canadian population. Clearly, the Liberal Government agrees with this view seeing as they have appointed different cabinet members to the new same-sex committee, the majority of whom think in favour of their views.
Additionally, the gay community seems to have a lot of support here in Montreal. In January 2005, around 250 supporters gathered on a street corner in downtown Montreal in order to show solidarity with the gay community over an incident that had occurred the week before - a lesbian couple had been engaged in a kiss when an unidentified attacker bashed one of them powerfully on the back of her head. Sadly, the offender who committed this hate crime without any witnesses present and the police therefore do not have enough information to launch an investigation.
Nevertheless, the fight in favour of same-sex marriage in Canada faces a strong opposition. The Conservative party of Canada jumps at every opportunity to refute the Liberal’s arguments. The head of the party, Harper, has even gone so far as to moderate the content of the MP’s of his party’s speeches. Furthermore, Harper has been quoted as stating that “his party would move amendments to ensure the legislation maintains the traditional definition of marriage, to protect the rights of what he calls "non-traditional unions" and to protect the religious freedoms of those faiths opposed to same-sex marriage.” Additionally, Conservative MP Jason Kenney is a force of opposition against the Liberal Government’s stance on same-sex marriages. He has even gone so far as to state that “gays have every right to marry whoever they want -- as long as it isn't someone of the same sex… ‘The fact is that homosexuals aren't barred from marrying under Canadian law… Marriage is open to everybody, as long as they're a man and a woman. It doesn't say you can't marry if you're a homosexual. The fact is that homosexuals have been married and do marry.’”
Sadly, another issue that is closely linked with homosexuality is that of Lesbian and Gay suicide. Any group that is persecuted by their fellow man is typically at a higher risk for depression and suicide. An American study even goes so far as to state that gay males have are up to six times more likely than their heterosexual counterparts to attempt suicide and that lesbian females are up to two times more likely than their heterosexual counterparts to do the same. Such feelings of helplessness and depression that provoke the suicide attempts can be attributed to different stressors associated with “coming out” to peers and family as well as the stigmatization of homosexual people that exists due to societies common failure to recognize and address the individuals sexual orientation. Possible solutions for this growing problem can be found
through community work, group work and
work with individuals. Social workers attempt
to provide for the specific needs of lesbians,
gay men, bisexuals and transgender persons.
Individual-level work may focus, for example,
on supporting a person who is “coming out”
or on providing specialized services to
individuals, couples, and their families.
Additionally, in order to aid the gay community, social workers work at the policy and program level, wherein they lobby for legislative changes such as Bill C-41, classifying gay bashing as a hate crime, as well as Bill C-23, which broadens social benefits to same-sex couples instead of exclusively for opposite-sex couples. Workers also play a role in educating the general public on topics such as homophobia and the idea that new services need to be developed to meet the needs of the growing gay community.
As a Canadian citizen, one must realize that every single inhabitant deserves the same equal rights, regardless of one’s race, gender, or sexual orientation. This basic right is provided to every Canadian as dictated in the Canadian Charter of Rights and Freedoms. These rights are not to be removed unless the Canadian government has justifiable cause to remove such rights. In this case, there are no justifiable reasons to violate the gay community’s rights, therefore there is no valid reason to refuse same-sex marriage to same-sex couples as the opposition is requesting. As clarification, same-sex marriages are currently allowed in some provinces and the debate that is ensuing is over whether or not that right should be taken away from the permitting provinces and whether or not it should be kept from the provinces that have not yet allowed it. Everyone deserves a chance at happiness with the person they love, regardless of their sexual orientation. It is natural to want to spend the rest of your life with someone you love; homosexuals should be entitled to the same benefits of marriage as heterosexuals.