Week 9 – March 4, 2014
Naomi in the newspaper globe and mail gives insight on different countries that are against homosexual actions.
president in Ugana has criminalized homosexuality, in 2004 Egypt has passed homosexual laws.
Naomi says that these laws are not aimed at the homosexual behaviour but are aimed at less democratic countries that want to generalize restrictions in
these societies. She refers to the Indian penal code as an example and states that these laws were imposed by the Europeans and this code was a
model of Britain and still forms the antigay laws in Egypt and was a control of new populations.
we are focusing on Canadians regard for homosexual conduct over time and how it culminated in Canada with the inclusion of sexual orientation as a
ground in s.15.
Bickel (countermajoritarian) says that problem with judicial review can make legislators lazy to exercize their democratic power to enact laws that may
offend the population. These legislators give the problems to the court to deal with while they focus on their elections.
in 1981 there was a subcommittee dealing with sexual orientation and the reason for this was b/c it was a big controversy and big push to include
sexual orientation. The legislators did not include it because the legislators were scared and this demonstrates bickels theory of them being lazy and
leaving decisions to the courts to decide.
Harvard Law Review Article – homosexual conduct in a societal context and to see how the thinking of the legislators evolved to the stage we are in
First Stage Sin Conception – any sex outside marriage in sinful. The reason there was no focus on homosexual relationships was because same sex
relationships in ancient societies were prevalent until Christianity was declared the official religion. All historical evidence points heavily towards
homosexual nature i.e Alexander the great.
These bonds have been recognized by the church and the initial stage was to regard homosexual relations not as a sin but relationships are sins if they
are not married.
Second Stage Illness Conception – greater regard for treatment of this homosexual illness rather then criminalizing it. This stage developed throughout
the 1900’s and began to advocate for their rights under the law. This is the stage that homosexuals began to identify themselves as an discrete and
insolate minority group. This stage led into the third stage.
Third Stage is the Neutral Difference Approach –
Fourth Stage Social Construction – in the last stage the selfidentity wasn’t as prevelant and they became more comfortable. Th