SOCI 3991
Assignment 3
Social Assignment 3
Question 3: Trace the history of gay rights in Canada up to the legalization of same-sex marriage. How are individual rights relevant in this story? In what ways has the complex array of sexual orientations and identities led to the questioning of the idea and validity of same sex marriage? Why
Gay rights in Canada began in the 1960s at a period when small homophile groups were formed. However, significant change and recognition for these rights happened in 1969 when the liberal government decriminalized homosexual acts between consenting adults. The changes were in recognition of the right to privacy, and the government justified its reasons stating that the state did not have any business in the bedroom affairs of individuals. Before decriminalization, many homosexuals were imprisoned in Quebec and other regions, and the police often used to raid gay bars. These raids continued even in the early 1990s (Larocque, 2006).
Early recognition of same-sex rights focused on legalizing homosexual behavior, ending state regulation related to homosexuality, ending repression of those who chose a homosexual lifestyle, and passing anti-discrimination measures, especially on employment. The adoption of the Charter of Human Rights and Freedom in 1977 in Quebec made the province the first to ban discrimination based on sexual orientation. Other provinces followed, and by the 1990s, discrimination based on sexual orientation had become illegal in all states. Despite the improvements in recognition of gay rights in different sectors, those who identified as homosexuals were still limited since they were not able to marry (Larocque, 2006). In 1993, two people were denied this chance because the purpose of marriage was procreation and that marriage could only be between a man and a woman. However, in 1999 after the continued legal fight by activists, the Supreme Court expanded the definition of marriage to include same-sex couples. However, this did not lead to the immediate acceptance of same-sex marriages because marriages were still defined as heterosexual.
In 2000, the passing of Bill C-23 gave gay couples the same social and tax benefits as heterosexuals. In 2002, a Canadian court ruled in favor of recognizing the homosexual marriage under the law. By the beginning of 2005, only a few jurisdictions including New Brunswick, Alberta, Nunavut, Northwest Territories, and Prince Edward had not recognized homosexual marriages. Since then, the legislation regarding same-sex marriages has continued to advance. It has included the ability of married same-sex couples to get a divorce. Right now, Canada is looking at ways of enabling people who had come to the country to get married to get a divorce as well (Miron, 2006).
The idea behind individual rights is that every person has the liberties to pursue his or her goals and life without interference. They are the norms that protect people from abuse. Rights tend to focus on freedom, protection, benefits, and the status of individuals. Individual rights entitle people to choose whether to perform certain actions. They give people the right to believe and feel. Therefore, individual rights are essential for the final recognition of gay marriages in Canada.
People who have identified as homosexuals and fought for the right of this recognition and awareness of their status have a clear idea that they are entitled to certain rights. They have recognized that they are like other individuals and they should have the freedom to choose what to feel and that the government and other legal entities should not interfere in these rights. The recognition of their rights gave them the chance to realize that the government was not supposed to interfere in their intimate relationships. This gave them the courage they needed to fight for what they believed in, and they have realized great success over the years.
Over time, people have continued to find different ways of expressing their sexuality and of defining themselves sexually. The question of sexual orientation is no longer just about being heterosexual or homosexual. Other terms include bisexual, asexual, and transsexual. The success realized by those advocating for same-sex marriages have encouraged people to form other identities, which they perceive suits them best. This has led to the advancement of individual rights. However, it has also added to the complexity of understanding the different sexual orientations and trying to understand where they fit into the general society.
Someone may identify as transgender male and be attracted to females. When such a person wants to live with his partner, it becomes hard to tell whether the union is homosexual or otherwise because he was born female. The debates surrounding same-sex marriages have always been based on traditional values and religion. However, as more sexual orientations continue to be discovered and formulated, it has led to the questioning of whether they will take the same approach to people having their unions recognized despite their sexual orientation.
References
Larocque, S. (2006). Gay marriage: The story of a Canadian social revolution. Toronto: James Lorimer Company
Miron, J. (2009). A history of human rights in Canada: Essential issues. Toronto: Canadian Scholars’ Press
Question 6 Choose one national minority (French Canada, First nations) or an immigrant group that has suffered due to religious discrimination in Canada and discuss the consequences of the discriminatory practices against this specific group both for the group itself as well as for the whole of Canada
The aboriginals have faced religious oppression in Canada. In the nineteenth century, some of the religious and traditional practices were banned. The government saw the practices as backward, and they were of the opinion that practicing these beliefs meant that the people were not civilized. It failed to recognize the importance of these religious practices to the people. The missionaries did not support the practices either because they considered them pagan rituals. The ban affected the people significantly. Their beliefs were now considered misdemeanors, which were punishable under the law (Peled et al., 1995). People who continued with their beliefs would be punished by being imprisoned for not less than two months and not less than six months in places of confinement. The law also punished those who were sympathetic to the aboriginal cause. People who encouraged the aboriginals to engage in the banned practices or assisted them in the celebrations would be punished under the law.
Although the government had made its legislation, the people resisted. They would perform the practices underground when they were sure that there were no missionaries or government officials around. Others continued to resist and at the same time petitioning the government. They use different means to petition the government including newspapers. However, despite their efforts, the aboriginal people were not strong or influential enough. In fact, the government continued to ban other religious practices, including all aboriginal dances at the beginning of the twentieth century. The ban on dances was only repealed in 1951 (Bickerton & Gagnon, 2014).
Before the Europeans arrived, the aboriginal people were self-governing. Each of the tribes had its own cultures, beliefs, traditions, and mores. The subsequent arrival of missionaries, as well as changes in the governing systems, resulted in a decline of these traditions. The aboriginals were forced to adopt the practices of the Europeans. They were forced to abandon generational practices. Because of this, parents could no longer pass their teachings to their children. Instead, they had to adopt new religions. It is important to note that the arrival of Europeans brought with it new cultures, education systems, governance systems, political systems, and religious practices. Before their arrival, the aboriginal people affected their children with knowledge passed orally from generation to generation (Bickerton & Gagnon, 2014). The children learned their languages. However, after the arrival of the Europeans, the children would be punished by speaking their language while in residential schools. This was detrimental to the subsequent decline of the culture.
Religious discrimination and oppression of the aboriginals have had a negative effect in Canada as well. The problems experienced in the communities have passed from generation to generation. The people remain the poorest in Canada. The loss of traditional lifestyles among the people resulted in increased frustrations. Most are unable to deal with the economic realities of the modern times. The unemployment rate remains high in these communities. They lack necessary services and depend on social assistance. This, in turn, resulted in apathy and violence.
For the aboriginal people, their religion was part of their culture and identity. Therefore, when they were denied the chance to practice their religion, it resulted in a loss of a significant part of their identity. They suffered because the newcomers to the land failed to respect their customs and culture. The Europeans adopted an ethnocentric approach, and this resulted in the loss of culture. However, the new inhabitants were not able to ensure that the people got rid of their cultural practices. The religious practices may have been banned from as early as the nineteenth century, but the discrimination and oppression that the people faced have continued to be felt in subsequent generations even in the modern times. In addition, they have continued to experience racism from different segments of the more significant society.
The discrimination that the aboriginals faced on the grounds of their religion was the beginning of other forms of discrimination and oppression. For a long time, they have continued to have their rights recognized. This includes their rights of land and territories. They have faced battles in different courts in Canada. They have fought for self-governance as well. These problems would not have been experienced from the beginning of the ruling governments had taken the time to recognize their community, individual, and tribal rights. As long as the people continue to feel that they are oppressed in any way, they will continue to fight to have their rights recognized. In the modern times, many Canadians have ceased talks on religion, and this has prevented them from realizing that religious intolerance continues in the society. Therefore, they have failed to understand the negative attitudes, perceptions, and practices.
References
Bickerton, J., & Gagnon, G. A. (2014). Canadian politics. Toronto: University of Toronto Press
Peled, E., Jaffe, G. P., & Edleson, L. J. (1995). Ending the cycle of violence: Community responses to children of battered women. London: SAGE
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