Homosexuality And The Law Essay Research Paper

Homosexuality And The Law Essay, Research Paper

Homosexuality and the Law 2

Homosexuality and the Law

The issue of homosexuality has been brought to society s attention on more than one occasion, and still remains unresolved. The homosexual community should receive the same rights as the heterosexual community, thus the laws should relate to all of the society. By thoroughly researching the laws in relation to the homosexual community, it has been noticeable that homosexuals do not receive the same recognition as heterosexuals. Though same-sex relationship recognition in Canada has developed as a result of legislation, when dealing with benefits and adoption, homosexuals are still not granted full equality in regards to marriage. There have been many court casing which challenge the definition of spouse , Bills that have been passed, obligation and rights have been granted, yet still, full equality for homosexuals has not been obtained.

While the society and the law are still discriminatory against the homosexual community, gays and lesbians have come along way, considering that people had once gone to jail for being a homosexual. Just over thirty years ago homosexuals were not even really classified as human, but inhuman , and unnatural (Fight for Gay Rights: Canada Timeline, 2001). Homosexual were once literally fighting for their freedom, and now homosexuals are fighting for the right to be legally married, and obtain all the benefits and obligations that opposite-sex couples share. There is a history to how homosexuals have been treated by the law in the past forty years, and it shows that homosexuals have gained a lot of equality in the past four decades. In 1965, a young homosexual, by the name of Everett Klippert acknowledged to the police that he was gay, and had sex with men over a 24-year period. In 1967 Everett Klipper was sent to jail and labelled as a dangerous sex offender (Fight for Gay Rights: Canada Timeline, 2001). The sentence was backed up by the Supreme Court of Canada that same year. That same year, Justice Minister Pierre Trudeau proposed amendments to the Criminal Code, which would facilitate the laws regarding homosexuality. Discussing the amendments Trudeau says,

It’s certainly the most extensive revision of the Criminal Code since the 1950s and, in terms of the subject matter it deals with, I feel that it has knocked down a lot of totems and over-ridden a lot of taboos and I feel that in that sense it is new. It’s bringing the laws of the land up to contemporary society I think. Take this thing on homosexuality. I think the view we take here is that there’s no

Homosexuality and the Law 3

place for the state in the bedrooms of the nation. I think that what’s done in private between adults doesn’t concern the Criminal Code. When it becomes public this is a different matter, or when it relates to minors this is a different matter. (Fight for Gay Rights: Canada Timeline, 2001)

Two years after, Trudeau s amendment to the Criminal Code was passed, and homosexuality was no longer a crime in Canada. In the next three decades to follow, there was not a great deal of information about homosexuality and the law. Indeed there was still a great deal of controversy, but homosexuality was still viewed in a derogatory manner. A large number of homosexuals began to make a stand for themselves in the late eighties to the present day. In 1995, the Supreme Court ruled on a case involving Jack Nesbit and Jim Egan, two gay men who sued Ottawa for the right to claim spousal pension under the Old Age Security Act. The court ruled against Nesbit and Egan, however it was agreed by all of the judges that sexual orientation is a protected ground and does extend to partnerships of lesbians and gay men. Woods research (2001) found that in 1999, The Supreme Court of Canada ruled that homosexual couples should have the same benefits and obligations as heterosexual common-law couples, and homosexuals should also have equal access to benefits from social programs in which they are contributors. (Fight for Gay Rights: Canada Timeline) In the year 2000, Bill C-23 was announced by the Liberals, and it dealt with the Modernization of Benefits and Obligations Act. This would give same-sex couples who have lived together for more than a period of one year the same benefits and obligations as opposite-sex couples. Bill C-23 was passed several months later, giving homosexuals equal rights under a common-law partnership. Which leads the society to the present day, and therefore concluding that the gay and lesbian community though still discriminated against have come a long way since 1965.

A large concern to many same-sex couples is the issue to the right of legal custody and access to children. This effects the homosexual community because gay men and lesbians who have children from prior relationships are at risk of being scrutinized and disapproved by the court and may jeopardize custody rights. In many cases the current relationship in which the homosexual parent is in, affects chances of obtaining custody. For instance in Case v. Case (1974), 18 R.F.L. 132 (Sask. Q.B.), a lesbian mother was unable to acquire custody of her two children. This is because she was currently living with her homosexual partner and was involved in a homosexual club in which members of the club came to her

Homosexuality and the Law