1. A United States formulation, that equality rights for homosexuals and same-sex couples involve “special” rights or privileges has begun to appear in Canada. The phrase was attributed to Alberta Community Development Minister Diane Mirosh, who later was said to have “backed off the statement”: Cernetig, M., “Why Alberta Moves Slowly on Gay Rights” The [Toronto] Globe and Mail (5 February 1993) 7Google Scholar; Hays, M., “Alberta Minister Attacks Gay Rights” Xtra Supplement (lesbian, gay, bisexual newspaper published in Toronto) (March 1993) 7Google Scholar; “Homophobe or Heroine?” Alberta Report (18 January 1993)Google Scholar (cover story on Diane Mirosh). It is also used by REAL Women; Hannan, P., “Twisted Sisters” Xtra (1 April 1994) 1Google Scholar.

2. Riordon, M., The First Stone: Homosexuality and the United Church (Toronto: McClelland & Stewart, 1990)Google Scholar; Ferry, J., In the Courts of the Lord (Key Porter, 1993)Google Scholar.

3. Cernetig, M., “Preston Manning and his Faith” The [Toronto] Globe and Mail (2 December 1991) 1Google Scholar, quotes Reform Party leader Preston Manning as saying: “I really believe homosexuality is destructive to the individual, and in the long run to society.” Manning stated he would reinstate the ban on lesbians and gay men in the Canadian military: “Reform's Manning Riles Gays by Calling for a Ban in Military” The [Montreal] Gazette (17 June 1993)Google Scholar. On the “family caucus” which opposed initiatives on lesbian and gay rights by the Conservative government of Prime Minister Mulroney, see “The Revolt of the Tory Right” Western Report(17 March 1986) 12Google Scholar; York, G., “At Odds on Gay Rights” The [Toronto] Globe and Mail (18 April 1992) 5Google Scholar; “Plan to Protect Gays Splits Tory Caucus” Vancouver Sun (20 April 1992)Google Scholar; York, G., “Tory Politicians Form Family Compact” The [Toronto] Globe and Mail (3 June 1992) 1Google Scholar; Ries, B., “‘Family Caucus’ fighting to preserve traditional values” Vancouver Sun (9 June 1992) 8Google Scholar. On the development of an equivalent grouping in the Liberal caucus of the Chrétien government, see Greenspon, E., Ha, T. Thanh, “Dissident Liberals Balk Over Hate Bill” The [Toronto] Globe and Mail (27 October 1994) 1Google Scholar.

4. Prime Minister Campbell's constituency office sold T-shirts during the 1993 election campaign which read: “Gays for Kim—Get Used To It,” phraseology borrowed from the radical Queer Nation organization.

5. An address by the Honourable McDougall, Barbara, Secretary of State for External Affairs, to the United Nations World Conference on Human Rights, delivered by Dorothy Dobbie, Member of Parliament, Vienna, Austria, 16 June 1993 (Statement, External Affairs, 93/48)Google Scholar. In the drafting committee a Canadian government representative proposed wording which would have added “sexual orientation” to a list of prohibited grounds of discrimination in the conference's final statement. In the end the wording of the section was altered to omit any list in favour of an open-ended endorsement of equality.

6. Both Columbia University Press and Duke University Press have established a series of publications on lesbian, gay and bisexual issues. Columbia had 13 titles in November 1993. Other university presses publishing in the area are California, Chicago, Harvard, Indiana, Massachusetts, Minnesota, Princeton, Stanford, Temple and Yale. Specialized law journals now exist: Australiasian Gay and Lesbian Law Journal (Federation Press, New South Wales); Law and Sexuality (Tulane University School of Law); Lesbian/Gay Law Notes (Lesbian and Gay Law Association of Greater New York).

7. A current revision of the Roman Catholic catechism includes a statement that homosexuals should be treated with respect, but homosexual acts avoided: “Revising Catholicism Became a Matter of Faith” The [Toronto] Globe and Mail(17 November 1992) 1Google Scholar. The position of the United States government in its 1993 position on lesbians and gay men in the military is similar. The Supreme Court of Canada decision in R. v. Klippert (1967), S.C.R. 822, made being homosexual a crime, though a conviction for an act had to preceed the determination of “dangerous sexual offender” status.

8. U.K., “Report of the Committee on Homosexual Offences and Prostitution” Home Office (1957)Google Scholar.

9. See Kinsman, G., The Regulation of Desire (Montreal: Black Rose, 1987) 164Google Scholar.

10. Ibid, at 206; Berwick, D., “Mass Arrests, Massive Response” Xtra (18 March 1994)21Google Scholar.

11. “Robinson's Sex Life Called his Own Affair by Most MPs” Vancouver Sun (26 February 1988) 6Google Scholar; “MP's Sexuality Private Issue, NDP says” The [Toronto] Globe and Mail (26 February 1988) 8Google Scholar; Fulton, E. K., “Gay and Proud; Canada's Only Publicly Gay MP Tells his Story” Macleans (16 May 1994) 36Google Scholar. Members of parliament had an odd privacy on the issue of Robinson's homosexuality. There was constant heckling of Robinson as gay in the House of Commons, but those remarks were excised from the record of debates and deliberately not reported by the media. The ability of members of parliament to “correct” the transcript of debates is well established. The media censorship of the heckling was benevolent in intention, but hid open homophobia in a major national institution. After Robinson “came out”, the heckling ceased, perhaps because the media censorship would no longer be practiced.

12. Dudgeon v. United Kingdom (1981), 5 E.H.R.R. 149; Norris v. Ireland (1988), 13 E.H.R.R. 186; see O'Malley, T., “Norris v. Ireland—An Opportunity for Law Reform” Irish Law Times (December 1988) 279Google Scholar.

13. The case invoked the provisions of the International Covenant on Civil and Political Rights: “U.N. Prods Tasmanian Devils” Advocate (lesbian, gay, bisexual magazine published in Los Angeles) (17 May 1994) 18Google Scholar.

14. 478 U.S. 186 (1986).

15. The 1992 decision in Commonwealth of Kentucky v. Wasson, is discussed in “Recent Case” (1993) 106 Harvard Law Review 1370Google Scholar. Three cases in Texas are discussed in “Refusal to Rule” Advocate (22 February 1994) 24Google Scholar.

16. Twenty-seven states and the District of Columbia have repealed their “sodomy” laws since the first repeal in 1961 by the State of Illinois; Bull, C., “Green-light district” Advocate (2 November 1993) 37Google Scholar. Criminal laws in other jurisdictions are often not enforced, but may be used to justify discrimination against lesbians and gay men.

17. Egan v. Canada (1993), 103 D.L.R. (4th) 336 at 392, Robertson J.A. (F.C.A.).

18. A statement in confirmation bearings; “Quote/Unquote” International Herald Tribune (23 July 1993) 3Google Scholar.

19. Campbell, M., “Gay Rights Trigger Verbal War” The [Toronto] Globe and Mail (29 October 1992) 1Google Scholar.

20. “Polls Failed to Allow for Anti-gay Vote Blush Factor” Vancouver Sun (6 November 1992) 13Google Scholar.

21. “Anti-gay Violence Rises in 6 Cities, Study Finds” New York Times (7 March 1991) 16Google Scholar; Bull, C., “Group's Survey Says Hate-crime Reports Rose in Six Areas” Advocate (April 1991) 14Google Scholar. A study by the National Gay and Lesbian Task Force indicated 14% fewer recorded incidents of harassment and violence in 1993 than in 1992: “Antigay Violence in America” Advocate (19 April 1994) 15Google Scholar. Coultas J., in Brown v. British Columbia (1990), 66 D.L.R. (4th) 444 at 457 suggested that discrimination against lesbians and gay men had become more severe since the onset of AIDS.

22. “Rock to Beef Up Hate-crimes Law” The [Toronto] Globe and Mail (11 June 1994) 4Google Scholar.

23. Harding, R., “Capitol Gains” Advocate (27 March 1990) 8Google Scholar. Some religious conservatives were horrified when President Bush invited lesbians and gays to the White House for the signing ceremony. The Southern Baptist Convention withdrew its invitation to President Bush to speak at its annual meeting because of the incident: Wills, G., “The Bom-again Republicans” New York Review of Books (24 September 1992) 9Google Scholar. The Canadian Radio-Television and Telecommunications Commission has enacted regulations barring abusive comments about lesbians and gays. The policy was a response to a religious program which suggested that AIDS was a punishment by God against homosexuals: Claveau, D., “On-air Bashing is Not Okay” Angles (lesbian, gay, bisexual newspaper published in Vancouver) (December 1991) 3Google Scholar. An account of two state-level hate crimes statutes is found in Kogan, T., “Legislative Violence against Lesbians and Gay Men” (1994) Utah Law Review 209Google Scholar.

24. “Hate Crime” Xtra (15 October 1993) 17Google Scholar.

25. See the Irish Incitement to Hatred Act, mentioned in Annetts, J., Thompson, B., “Dangerous Activism?” in Plummer, K., Modern Homosexualities: Fragments of Lesbian and Gay Experience (London: Routledge, 1992) 227 at 235Google Scholar. The Anti-Discrimination (Homosexual Vilification) Amendment Act 1993, No. 97 was passed in New South Wales in October, 1993.

26. See “Serial Killer Stalking London's Gay Community” The [Toronto] Globe and Mail (18 June 1993) 7Google Scholar; “Gays, Police Meet in Wake of Murders” The [Toronto] Globe and Mail (11 December 1993) 5Google Scholar.

27. The chair of the Kanata Police Commission in Ontario, Munter, Alex, is openly gay: “Munter Re-elected Kanata Police Commission Chair” Goinfo (lesbian, gay, bisexual newspaper published in Ottawa) (March 1994) 2Google Scholar.

28. Griffin, K., “Homosexual Community Plans Demonstration Against Violence” Vancouver Sun (3 September 1992) 1Google Scholar; Janoff, B., “Darkness at the Edge of Town” Vancouver Sun (12 September 1992) D4Google Scholar; “Police Liaison Committee Finally Making Headway” Angles (October 1992) 3Google Scholar; Lee, J., “Police Get Orders on Gay-Bashing: Chief vows sensitivity training” Vancouver Sun (16 September 1992) 1Google Scholar; Morton, B., “Sensitivity training applauded” Vancouver Sun (17 September 1992) B4Google Scholar.

29. Paglia, C., “Review of Farrell, The Myth of Male Power” International Herald Tribune (6 August 1993) 8Google Scholar.

30. These decisions involve a holding that being homosexual constitutes membership in a particular “social group”, an interpretation supported by the U.N. High Commission for Refugees. The Canadian decision receiving the most publicity was the granting of refugee status to Jorge Inaudi of Argentina in 1992 (decision of the Immigration and Refugee Board, 9 April 1992, case number T91-04459); Oziewicz, E., “Homosexual Granted Status as Refugee” The [Toronto] Globe and Mail 11 January 1992) 1Google Scholar; Farnsworth, C., “Homosexual Is Granted Refugee Status in Canada” New York Times (14 January 1992) 5Google Scholar. On United States decisions, see Brooke, J., “In Live-and-Let-live Land, Gay People Are Slain” New York Times (12 August 1993) (on the granting of refugee status to a man from Brazil)Google Scholar; Johnston, D., “Ruling Backs Homosexuals on Asylum” New York Times (17 June 1994) 6Google Scholar (describing a general order by Attorney General Janet Reno on the question). On Australia see “Australia” Advocate (5 May 1992) 29Google Scholar, dealing with a refugee claim by two gay men from China.

31. Robertson J.A., in Egan v. Canada, supra note 17 at 392, suggested that because “sexual orientation” must be treated as irrelevant it cannot be the basis for a claim to equal benefits, only to claims from protection from personal disentitlement.

32. This was established by the pioneering work of Dr. Evelyn Hooker; see Hooker, E., “Male Homosexuality in the Rorschach” (1958) 22 Journal of Projective Techniques 33CrossRefGoogle ScholarPubMed; Hooker, E., “The Adjustment of the Male Overt Homosexual” (1957) 21 Journal of Projective Techniques 18CrossRefGoogle ScholarPubMed.

33. The expert report of Dr.Myers, Michael, entitled “A Psychiatric Approach to Homosexuality”, 9 May 1991, 27 pp.Google Scholar, submitted to the British Columbia Supreme Court in the case Knodel v. B.C. [1991], 6 W.W.R. 728, noted the ending of the classifications and concluded that homosexual people were no more prone to the range of psychiatric illnesses than heterosexual people. Copy in possession of the author.

34. “WHO Deletes Homosexuality from Disease Codex” Passport (gay magazine published in San Francisco) (April 1992) 4Google Scholar. Homosexuality had been listed as a form of sexual deviance along with bestiality and pedophilia.

35. Wilson J. in Andrews v. Law Society of British Columbia [1989], 1 S.C.R. 143 at 152.

36. Wilson J. in R. v. Turpin [1989], 1 S.C.R. 1296 at 1332.

37. Ibid, at 1333.

38. Madam Justice Russell in Vriend v. The Queen, (Alta. Q.B.) [unreported] 12 April 1994, took judicial notice of patterns of discrimination against homosexuals, in the absence of specific proof by expert testimony.

39. See Knodel v. British Columbia, supra note 33; Mr. Justice Linden in dissent in Egan v. Canada, supra note 17; Mr. Justice Greer in dissent in Layland and Beaulne v. Ontario (1993), 104 D.L.R. (4th) 214.

40. See Gomes, P., “Back in the Military Closet” New York Times (May 22 1993) 15Google Scholar. Former United States Vice President Dan Quayle came out for choice, arguing that homosexuality represents a choice of life-style that should not be accepted as a valid alternative: “Quayle Contends Homosexuality Is a Matter of Choice, Not Biology” New York Times (14 September 1992) 15Google Scholar.

41. The American Civil Liberties Union, in a full page advertisement in the New York Times (15 December 1992) 11Google Scholar, quoted both the then current version of the ban on homosexuals and a ban 50 years earlier on blacks, noting the similarity in the formulations.

42. Sedgwick, E. Kosofsky, “How to Bring Your Kids Up Gay” in Warner, M., Fear of a Queer Planet (Minneapolis: University of Minnesota Press, 1992) 69 at 79Google Scholar.

43. This linkage is suggested in Ash, S., “Not in Bed Together: Lesbians and Gay Men” [Vancouver] Outcomes (publication of the OutRights Conference) (1993) 9Google ScholarPubMed. I am not aware of a literature on the extent to which lesbians assert choice over immutability.

44. Lillian Faderman locates this idea in the 1970s; see Chapter 7 of her book, Odd Girls and Twilight Lovers (Columbia, 1991)Google Scholar.

45. A common factum was submitted by EGALE (Equality for Gays and Lesbians Everywhere), the Canadian Disability Rights Council, the National Association of Women and the Law, the Canadian Rights and Liberties Federation and the National Action Committee on the Status of Women.

46. Ninth Circuit Court of Appeals, 847 F. 2d 1329.

47. Gates, H. L., “Blacklash” New Yorker (17 May 1993) 42Google Scholar.

48. Dubé J., in Veysey v. Canada [1990], 1 F.C. 321, 39 Admin. L. R. 161, 29 F.T.R. 74.

49. Rowles J., in Knodel v. British Columbia, supra note 33.

50. Andrews v. Law Society of British Columbia, supra note 35. Immutability was described as an important feature of many of the listed grounds in section 15 but not an essential one in Leroux v. Cooperators General Insurance (1991), 83 D.L.R. (4th) 694.

51. University of Saskatchewan v. Saskatchewan Human Rights Commission [1976] 3 W.W.R. 385 (Sask, Q. B.).

52. Canada v. Mossop (1993), 100 D.L.R. (4th) 658 (C.S.C.). See Eaton, M., “Patently Confused” (1994) 1 Review of Constitutional Studies 203Google Scholar. Mossop is an ambiguous decision. It implicitly confirms that “sex” is limited to gender and expressly holds that “family status” does not apply to homosexuals on the basis of legislative intent. The majority emphasized strongly that the decision was not based on the Charter, which had not been argued.

53. One account is Rayside, David, “Gay Rights and Family Values: The Passage of Bill 7 in Ontario” (1988) 26 Studies in Political Economy 109CrossRefGoogle Scholar.

54. Jackson, E., “Our First Win” Xtra (1 October 1993) 17Google Scholar. This story indicates that Windsor and Ottawa “soon followed Toronto's example.”

55. Statutes of Québec, 1977, c. 6, s. 1.

56. Statutes of Ontario, 1986, c. 64, s. 18(1); Statutes of Manitoba, 1987-88, c. 45, adding section 9(2); Statutes of Yukon, 1987, c. 3, section 6(g). See “Voters Oppose Bill on Homosexuals, Tory MPPs Contend” The [Toronto] Globe and Mail (28 November 1986) 5Google Scholar; Maychak, M., “Fierce Lobbying Swamped MPPs:Furor Made Ban on Extra-billing Appear ‘Mild in Comparison’” Toronto Star(3 December 1986) 18Google Scholar; York, G., “Public Outcry, Caucus Defections Endanger Manitoba Gay Rights” The [Toronto] Globe and Mail (14 July 1987) 5Google Scholar; “Bigotry in the Yukon” Macleans (6 January 1986) 58Google Scholar.

57. Statutes of Nova Scotia, 1991, c. 12; Acts of New Brunswick, 1992, c. 30; Bill 63, Human Rights Amendment Act, British Columbia (1992)Google Scholar.

58. California, Connecticut, Hawaii, Massachusetts, Minnesota, New Jersey, Vermont and Wisconsin are the States; Stewart, J. B., “Gentleman's Agreement” New Yorker (13 June 1994) 74 at 76Google Scholar. Schmalz, J., “Gay Politics Goes Mainstream” New York Times Magazine (11 October 1992) 18 at 21Google Scholar.

59. New South Wales prohibits discrimination on the basis of “homosexuality” and Queensland prohibits discrimination based on “lawful sexual activity.” The laws in Queensland and the Northern Territory exempt jobs involving responsibility for children.

60. Department of Justice, Equality Issues in Federal Law: A Discussion Paper, (1985) 65 ppGoogle Scholar.

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62. The perception of issues in the report was limited to acts of discrimination against individuals. The recognition of equality issues relating to same-sex couples had to wait for progress on individual equality issues.

63. Toward Equality, The Response to the Report of the Parliamentary Committee on Equality Rights (Ottawa: Supply and Services Canada, 1986) 65 pp.Google Scholar

64. Information on backbench opposition can be found in Jenish, D., “The Revolt of the Tory Right” Western Report (17 March 1986) 12Google Scholar; Gessel, P., “An Activist in Justice” Macleans Magazine (5 May 1986) 10Google Scholar; Rose, M., “Altering the Contours of Society” Macleans Magazine (17 March 1986) 61Google Scholar (which indicates that Prime Minister Brian Mulroney made it clear to the “dissidents” that there “would be no moving backward” on the issue).

65. Veysey v. Canada, supra note 48.

66. (1990), 42 B.C.L.R. (2d) 294 at 310.

67. (1990), 109 N.R. 300 at 304.

68. Haig v. Canada (1992), 94 C.L.R. (4th) 1 at 7.

69. Supra note 17 at 340 (Mahoney J.A.) and 381 (Robertson J.A.).

70. (1994) 6 W.W.R. 414 (Alberta Queen's Bench).

71. 5 May 1993.

72. CCPR/C/50/488/1992, views given 31 March 1994.

73. Article 1 of the Constitution of the Netherlands is an open-ended rejection of discrimination and has been interpreted by Parliament and the Courts as prohibiting discrimination on the basis of sexual orientation: P. Tatchell, “Equal Rights For All” in Plummer, supra note 25 237 at 247, footnote 4. A recent article said that “the French constitution in theory forbids discrimination on the basis of sexuality, though nobody has ever invoked this theoretical right”; Watney, S., “Gai et Français” Gay Times (lesbian, gay, bisexual magazine published in the United Kingdom) (March 1994) 20Google Scholar.

74. Section 8 of the interim constitution, which will govern the country for five years, has a general affirmation of equality and a general prohibition of discrimination. A non-exclusive list of prohibited grounds of discrimination names “race, gender, sex, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture or language.” See Cameron, E., “Sexual Orientation and the Constitution” (1993) 110 South African Law Journal 450 at 465Google Scholar.

75. Waaldijk, K. & Clapham, A., Homosexuality: A European Community Issue (Nijhoff, 1993) 21Google Scholar.

76. Cernetig, M., “Why Alberta Moves Slowly on Gay Rights” The [Toronto] Globe and Mail (5 February 1993) 7Google Scholar.

77. Hays, M., “Québec Rights Commission Launches Inquiry” Xtra (9 July 1993) 17Google Scholar; “Hearings” Xtra (15 October 1993)) 17Google Scholar.

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80. Information in 1994 indicated that 260 lesbians and gay men had been discharged from the forces since 1990. This discrimination may be challenged in a case to the European Court of Justice; Smith, D., “Campaigners Consider Landmark Job Bias Appeal to European Court of Justice” Gay News (lesbian and gay magazine published in the United Kingdom), (September 1994) 27Google Scholar.

81. Canada: Department of Justice, Equality Issues in Federal Law: A Discussion Paper (Ottawa: 1985) 65 ppGoogle Scholar.

82. Canada: Parliamentary Committee on Equality Rights, Report: Equality For All, Report of the Parliamentary Committee on Equality Rights (Ottawa: Queen's Printer, October 1985) c. 4, 31Google Scholar.

83. Appleby, T., “Military Policy on Homosexuals to End” The [Toronto] Globe and Mail (10 October 1991) 4Google Scholar; Farnsworth, C., “Canada Ending Anti-Gay Army Rules” New York Times (11 October 1991) 3Google Scholar; Bindman, S., “Ottawa Backs Off on Lifting of Gay Curbs” Vancouver Sun (11 October 1991) 4Google Scholar; Fraser, G., “Ottawa Delays Decision on Gays” The [Toronto] Globe and Mail (11 October 1991) 4Google Scholar.

84. Douglas v. Canada (1992), 98 D.L.R. (4th) 129. While the matter was decided on the basis of a consent order, the judge later issued written reasons for the decision.

85. Claridge, T. & York, G., “Forces Agree to End Anti-gay Policies” The [Toronto] Globe and Mail (28 October 1992) 1Google Scholar.

86. For an account of the fight over the military ban, see Osborne, D., “Betrayed” Advocate (25 January 1994) 50Google Scholar.

87. Molotsky, I., “F.B.I. Bias Protection Expanded to Cover Homosexual Employees” New York Times (3 December 1993) 13Google Scholar.

88. Macleans (5 May 1986) 10Google Scholar.

89. Section 9(5), Human Rights Code, Statutes of Manitoba, 1987–1988, c. 45Google Scholar. The model might have been a draft anti-discrimination law for New York City which included a statement that “it is not the function of this civil rights statute to promote a particular group or community” and that it shall not be construed to “endorse any particular behavior or way of life.” See “Protecting, Not Endorsing Homosexuals” New York Times (14 March 1986) 26 (editorial)Google Scholar.

90. Jeffery-Poulter, S., Peers, Queers and Commons (London: Routledge, 1991) c. 11Google Scholar.

91. A group deliberately challenged the law in a public protest in which they called out slogans encouraging homosexual activity. A Finnish court upheld the law, but imposed no penalty. See “Finland” Angles (October 1992) 7Google Scholar. The law had earlier been challenged in a communication to the United Nations Human Rights Committee in Hertzberg v. Finland, communication 61/1979, views of 2 April 1982. The references to Austria and Liechtenstein are taken from Duda, A., “Comparison of the Legal Situation of Homosexuals in Europe” reprinted in Euro-Letter, No. 18 (8 August 1993), published by the National Danish Organization for Gays and LesbiansGoogle Scholar.

92. The organization Hosi Wien was convicted of promoting homosexuality, though it continues as a legally registered organization with a social centre in Vienna and a monthly magazine.

93. Excerpts from “Clinton's Question-and-answer Session in the Rose garden” New York Times (28 May 1993) 10Google Scholar.

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95. “No Suspension” Bangkok Post (27 January 1994) 10Google Scholar.

96. In February 1993, New York City schools chief Joseph Fernandez agreed to revision of the “Children of the Rainbow” curriculum. In March 1993, he was dismissed from his position; see “Yearbook” Advocate (25 January 1994) 36Google Scholar.

97. A strategy of normalizing homosexual lives is only occasionally articulated. A Lutheran Bishop, reflecting on Denmark's 1989 law allowing same-sex registered partnerships, saw that goal as having been advanced: “There was a tendency of demonstrating everywhere and every time. But, to the contrary since then, there is no sensation. They are quite normal.”; Ingrassia, L., “A Marriage Made in Denmark” The [Toronto] Globe and Mail (9 June 1994) 9Google Scholar. A conservative defence of same-sex benefits attributed “the more flamboyant aspects of the gay lifestyle” to social marginality, adding: “If you want people to join the mainstream, you have to let them in first.”; Coyne, A., “Squawk About Same-sex Benefits and You Can't Squawk About Quotas” The [Toronto] Globe and Mail (13 June 1994) 16Google Scholar. Some lesbian and gay activists object to “assimilationist” strategies.

98. The actual benefits are frequently minor. In Mossop the issue was one days pay. In both Knodel and Egan the Crown proved that the couple were financially better off to avoid recognition of the relationship because of eligibility rules for social assistance. In both cases the court recognized that the claim was for the recognition of rights, not an actual financial benefit.

99. A committee reporting to the Québec Human Rights Commission recommended the repeal of Article 137 which contains the exemption: Hays, supra note 75.

100. S.O. 1986, c. 64, s. 18(1) added “sexual orientation”. The 1986 amendments left in place section 10(1) which defined “spouse” as it had since S.O. 1981 c. 53.

101. Human Rights Code, S.M. 1987–1988, c. 45Google Scholar. s. 9(2) includes “sexual orientation”. S. 9(5) allows for regulations on employee benefit plans.

102. An Act to Amend the Human Rights Act, S.N.S. 1991, c. 12Google Scholar. The new section 5(1) included “sexual orientation”. The definition of “marital status” was in new section 3(1). The earlier statutes were not aiming to curtail same-sex spousal benefits, for that issue had not emerged on the public policy agenda.

103. Magee, S., “Campbell's Rights Act Under Fire” Vancouver Courier (13 December 1992) 4Google Scholar, reported Campbell's views as follows: “Many same-sex couples enjoy these benefits already, and where there are disputes they will continue to be resolved on a case by case basis in the courts or in front of human rights tribunals,” she said. “But we've drawn the line at the definition of marriage—something very consistent with Canadian public opinion and what happens in other jurisdictions.” Campbell described the amendments as a “compromise” which had been necessary to prevent a split in the caucus: November, 1992, meeting with representatives of the Lesbian and Gay Immigration Task Force in Vancouver.

104. Bindman, S., “Liberals Pledge to Overhaul Law on Youth Crime” Vancouver Sun (23 December 1993) 4Google Scholar.

105. Mittelstaedt, M., “Gay-couple Package Would Affect 56 Laws” The [Toronto] Globe and Mail (20 May 1994) 8Google Scholar; Mittelstaedt, R., “Same-sex Bill Called Model of Tolerance” The [Toronto] Globe and Mail (2 June 1994) 4Google Scholar.

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107. “Ontario Bill on Gay Rights Defeated” The [Toronto] Globe and Mail (10 June 1994) 1Google Scholar.

108. 74 N.Y. 2d 201 (1989), 543 N.E. 2d 49 (1989) (Ct. App.). The United Kingdom in 1993 began recognizing same-sex survivor rights to public housing; “Yes, We Have a Home Today” Angles (July 1993) 6Google Scholar.

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110. Vogel v. Manitoba (1992), 90 D.L.R. (4th) 84; Canada v. Mossop, supra note 52.

111. Supra note 17.

112. Veysey v. Commissioner of Correctional Services (1989), 44 C.R.R. 364 (F.C.T.D.); 47 C.R.R. 394 (F.C.A.). The trial ruling was substantive, but the Appeal Court confined the reasoning to an administrative law point.

113. Knodel v. British Columbia, supra note 33. The earlier Ontario decision was Andrews v. Ontario (1988), 49 D.L.R. (4th) 584 (High Court of Justice).

114. The case of Morrissey and Coll v. Canada was filed in Federal Court in January 1992. In September 1992, immigration gave Bridget Coll permanent residence status as an independent applicant.

115. See Davidson, M., “Processing of Same Sex and Common Law Cases” (Hull: Department of Immigration, ORDO150) (3 June 1994)Google Scholar. This fax instructs immigration officials in embassies and consulates to handle “family class” applications involving same sex or common law spouses as independent applications, and indicates that such cases may be appropriate cases for humanitarian and compassionate consideration, allowing the waiver of normal selection criteria.

116. Leshner v. Ontario (1992), 16 C.H.R.R. D/184 (Ontario Board of Inquiry).

117. The major reported case is Anderson v. Louma (1986), 50 R.F.L. (2d) 127 (B.C.S.C.). A claim for maintenance was refused on the basis that maintenance was dependent upon statute and was limited, by statute, to heterosexual couples. In the judgment, constructive trust principles were applied to divide marital assets in the same manner as the courts have done with unmarried heterosexual couples. Two recent decisions dividing the marital property of same-sex couples are Brunet v. Davis, (Ontario Court, General Division) [unpublished] (April 1992) described in “Judge Finds Constructive Trust to Compensate Gay Partner” The Lawyers Weekly (12 June 1992) 6Google Scholar, and Forrest v. Price (B.C.S.C.) (3 November 1992) (Boyd J.). In a more recent case, Ontario has conceded that its Family Law Act discriminates against same-sex couples by only recognizing heterosexual “common-law” couples and is, for that reason, in breach of the Charter. The case involves marital property and maintenance: Brown, E., “Ontario Admits Discrimination” Xtra (14 May 1993) 11Google Scholar.

118. Decision of 9 November 1992, on the claim of Shirley Petten in relation to the death of Beverly Holmwood, by Mr. N. Gallagher, Director, Disability Awards, Workers Compensation Board. Mr. Gallagher ruled that section 17 of the British Columbia Workers Compensation Act, R.S.B.C. 1979, c. 437Google Scholar, which refer tomarried or common law spouses, must be taken to include same-sex spouses.

119. Philp, M., “Gay Employee Wins Family Leaves” The [Toronto] Globe and Mail (2 October 1993) 3Google Scholar. The Federal government decided against an appeal: Philp, M., “Ottawa Acquiesces on Gay Spousal Leave” The [Toronto] Globe and Mail(15 April 1994) A1Google Scholar.

120. The tribunal decision was reversed by the Ontario Divisional Court in Clinton v. Ontario Blue Cross (3 May 1994) (Carruthers, Dunnet, Adams JJ.), but exclusively on the grounds that constitutional notice had not been given to argue section 15 of the Charter of Rights and Freedoms.

121. Brown, E., “These Two Women Are Spouses” Xtra (7 January 1994) 1Google Scholar. The decision is being appealed.

122. “Another Victory for Same-sex Spouses” Goinfo (May 1994) 1Google Scholar.

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124. The single exception in the Ontario extension was the pension scheme in issue in the Leshner case. The delay with the pension scheme resulted from problems with Federal tax law. Ontario had decided to lobby the Federal government to change the Income Tax Act before it extended spousal pension benefits: Boyce, D., “Gay Partners Approach Equality in Ontario” Advocate (3 November 1992) 33Google Scholar; Brown, E., “The Leshner Decision Is a Significant But Tiny Victory, Lawyer Says” Xtra (18 September 1992) 9Google Scholar. Pegis, J., “NB Extends Same-sex Spousal Benefits” Xtra (14 May 1993) 13Google Scholar. The benefits involved include health and dental plans and life insurance, but not pensions or long-term disability.

125. “Healthy Teeth” Xtra (29 October 1993) 17Google Scholar.

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127. Bigg-Clark, M., “More Firms Offer Same-sex Benefits” The [Toronto] Globe and Mail, Report on Business (7 June 1994) B1Google Scholar. See also Stewart, T., “Gay in Corporate America” Fortune Magazine (16 December 1991) 42 at 50Google Scholar; Bureau of National Affairs, “Recognizing Non-traditional Families”, BNA Special Report #38, Special Report Series on Work and Family, February 1991, 32 ppGoogle Scholar; Gallagher, J., “Benefits for the fringe” Advocate (25 January 1994) 56Google Scholar.

128. A special kit on same-sex benefits for lesbian and gay employees and their families is available from the Canadian Union of Public Employees, Equal Opportunities Department, 21 Florence Street, Ottawa, K2P 0W6. The British Columbia Federation of Labour, 4279 Canada Way, Burnaby, B.C., V5G 1H1, publishes an information kit, “Ending Workplace Discrimination Against Lesbians and Gay Men.” CUPE gave backing to Karen Andrews in her case for medicare benefits. The Hospital Employees Union of British Columbia took the Knodel case on behalf of one of its members. Brian Mossop's grievance over bereavement leave was made with the “approval and support” of his union according to the judgment of L'Heureux-Dubé in Mossop, supra note 52. The Canadian Labour Congress convention in May 1994 approved a program to fight homophobia, to encourage lesbian and gay participation in unions and to negotiate same-sex benefits: Battista, M., “Planes, Trains and Automobilies: The Labour Movement Is Taking Up the Same-sex Benefits Battle” Xtra (10 June 1994) 15Google Scholar.

129. There was evidence in both Knodel and Egan that the consequences were actuarily insignificant. See also Gibb-Clark, M., “Gay-couples Ruling Won't Break the Bank” The [Toronto] Globe and Mail, Report on Business (7 September 1992) B4Google Scholar; “No Problems Seen in Extending Benefits” Vancouver Sun (3 September 1992) 7Google Scholar; Gibb-Clark, M., “More Firms Offer Same-sex Benefits” The [Toronto] Globe and Mail (7 June 1994) B1Google Scholar.

130. Robertson adopted the trial judges statement on the centrality of reproduction, which referred to heterosexual units which have “traditionally been treated as the basic unit of society upon which society depends for its continued existence.”

131. Egan v. Canada, supra note 17 at 390.

132. Wilson J., in Andrews, v. Law Society of British Columbia., supra note 35.

133. The classic example in Canada was the decision of the Supreme Court of Canada in Bliss v. A.G. Canada [1979], 1 S.C.R. 183, stating that discrimination on the basis of pregnancy was not discrimination on the basis of sex. That decision was reversed in Brooks v. Canada Safeway [1989], 1 S.C.R. 1219.

134. Attorney General Marion Boyd, in the debates in the Ontario Legislature in June 1994, invoked the beloved Canadian novel, Anne of Green Gables, in which the orphan Anne was raised by a brother and sister, certainly a “non-traditional family”; Sheppard, R., “Storybook Anne and Same-sex Benefits” The [Toronto] Globe and Mail (8 June 1994) 25Google Scholar.

135. Andrews v. Ontario (1988), 49 D.L.R. (4th) 584 (High Court of Justice).

136. Anna Carrott and Andrea Underwood began a court case in February 1992, seeking the right for the Canadian partner, Underwood, to sponsor the non-Canadian partner, Carrott. They are raising two children from Anna Carrott's previous marriage.

137. Egan v. Canada, supra note 17.

138. Letter of J. G. Boissoneault, Departmental Assistant-Immigration, Office of the Minister of Employment and Immigration (23 July 1992) to the author. The immigration policy reflected in the letter has changed; see footnote 115, supra.

139. Judgment dated 19 May 1993.

140. A summary of the findings of 30 studies of the children of lesbian and gay parents was published in the October 1992 issue of the journal Child Development. It concluded that the studies were nearly unanimous in their findings that the children had developed normally.

141. Section 4(1) of the Danish law provides: “The provisions of the Danish Adoption Act regarding spouses shall not apply to registered partners”. This is taken from an “unofficial translation” supplied by the Royal Danish Embassy, Ottawa. The Norwegian law has a similar provision. The text of the Swedish law was not available at the time of writing. In Denmark at least, adoption is restricted to married couples.

142. “Mom Loses Bid to Get Son Back from Gay Couple” Bangkok Post (13 April 1994) 9Google Scholar, notes that six states including Washington State allow adoptions by samesex couples.

143. “Court Grants Parental Rights to Mother and Lesbian Lover” New York Times (12 September 1993) 21Google Scholar; “Homosexuality Does Not Make Parent Unfit, Court Rules” New York Times (22 June 1994) 8Google Scholar.

144. A major issue in the Netherlands has been equal access of lesbians to artificial insemination services provided as part of the national health system. Section 13(5) of the United Kingdom's 1990 Human Fertilization and Embryology Act provides that a woman shall not be provided with services “unless account has been taken of the welfare of any child who may be born as a result of the treatment (including the need of that child for a father)…”; see Cooper, D. & Herman, D., “Getting ‘the Family Right’; Legislating Heterosexuality in Britain, 1986-1991” (1991) 10 Canadian Journal of Family Law 41Google Scholar.

145. Banner, R., “Lesbians Refused AI” Angles (July 1993) 1Google Scholar.

146. See Priest, A., “Next Best Thing” Vancouver Sun (27 October 1990) C1Google Scholar; “‘Gay’ Church Holds Rite for Blessing Relationships” Vancouver Sun (18 February 1992) 6Google Scholar. Kennedy, J., “Gays Feel Same-sex Unions Merit Equality With Heterosexual Ties” Vancouver Sun (4 June 1992) 4Google Scholar, indicated that Ottawa's First United Church offers a “blessing and commitment” ceremony for same-sex couples. The Metropolitan Community Church gave evidence in Layland v. Ontario that the denomination had performed 10,000 same-sex ceremonies of “holy union”.

147. In the Layland case the Attorney General of Canada submitted the affidavit of Dr. Charles Hobart which noted homosexual marriages in ancient China and during the last period of the Roman Empire. On China see Hinsch, B., Passions of the Cut Sleeve (California: 1990)Google Scholar. A more recent study by the Yale University historian Boswell, John, Same-Sex Unions in Premodem Europe (Villard: 1994)Google Scholar uncovers examples of same-sex marriage in Christian Europe.

148. A presentation of opposing arguments can be found in companion articles by two leading lesbian and gay activists and commentators: Thomas Stoddard, “Why gay people should seek the right to marry” and Ettelbrick, Paula, “Since When Is Marriage a Path to Liberation?” in Sherman, S., Lesbian and Gay Marriage(Temple, 1992) at pp. 13 and 20Google Scholar.

149. An excellent discussion of many of the issues can be found in Duclos, N., “Some Complicating Thoughts on Same-Sex Marriage” (1991) 1 Law and Sexuality 31Google Scholar.

150. “Gay Couples Apply for Marriage Licenses” San Francisco Sentinel (lesbian, gay newspaper) (12 December 1991) 9Google Scholar.

151. “German Gay Couples Demand Marriage Licenses” Xtra Supplement (November 1992) 4Google Scholar. One of the couples was Hella von Sinnen, a very popular television personality, and her partner Cornelia Scheel, daughter of former West German President Walter Scheel.

152. Layland v. Ontario, supra note 39.

153. Egan v. Canada, supra note 17 at 389.

154. Baehr v. Lewin, (Supreme Court of the State of Hawaii) (5 May 1993) [unpublished]. A domestic partnership law is being discussed and a commission to investigate the issue may be established by legislation; Gallagher, J., “The Wedding Is Off” Advocate, (17 May 1994) 24Google Scholar.

155. “Around the World: Russia” Advocate (17 May 1994) 22Google Scholar.

156. Ontario Law Reform Commission, Report on the Rights and Responsibilities of Cohabitants under the Family Law Act (1993) 74 pp.Google Scholar

157. Williams, F., “Spain Set to Recognize Gay Partnerships” Gay Times (September 1994) 36Google Scholar.

158. Two recent marriage cases were actually about immigration rights. A case went to the highest court in Switzerland seeking immigration rights via an entitlement to legal marriage. The court rejected the argument, while suggesting that the status of the non-citizen could be handled on humanitarian grounds. The Layland case involved a Canadian and non-Canadian who hoped that access to legal marriage would resolve the non-Canadians immigration status. While the case received considerable publicity in Canada, the immigration aspect was not noted.

159. See Stanley, A., “‘Gay’ Fades as Militants Pick ‘Queer’” New York Times (3 April 1991) 9Google Scholar.

160. “ABA Grants Affiliation to National Lesbian and Gay Law Association” NLGLA News (11 August 1992) 1Google Scholar.

161. There is a lesbian and gay caucus within the Canadian Association of Journalists and a National Lesbian and Gay Journalists Association in the United States: Hannan, P., “Journalists Are Slowly Coming Out” Xtra (10 December 1993) 20Google Scholar.

162. Byron, P., “Meet Mixner the fixer” Out Magazine (lesbian, gay, bisexual magazine published in the United States) (Fall 1992) 51 at 52Google Scholar.

163. Lawrence, J., “Payoffs or Principles?” Bangkok Post (9 February 1993) 4Google Scholar.

164. Roberta Achtenberg, a lesbian, was nominated and confirmed as Assistant Secretary of Housing and Urban Development; Krauss, C., “Senators Attack Housing Nominee New York Times 21 May 1993) 13Google Scholar. That appointment was followed, without controversy, by appointments of a federal patent commissioner and a federal judge: Gordon, R., “The Point Is I Won, Gay Mandarin Says” Vancouver Sun (18 June 1994) B12Google Scholar.

165. “MP's Sexuality, Private Issue, NDP says” The [Toronto] Globe and Mail (26 February 1988) 8Google Scholar; “Robinson's Sex Life Called his Own Affair by Most MPs” Vancouver Sun (26 February 1988) 6Google Scholar.

166. Two recent books arguing that separate cultures exist are Browing, F., The Culture of Desire (New York: Crown, 1993)Google Scholar, and Herdt, G., Gay Culture in America (Beacon, 1992)Google Scholar. Neither volume deals with the question whether lesbian and gay cultural differences will endure.

167. Boswell, J., in Homosexuality in the Western Christian Tradition (Chicago: 1980)Google Scholar, argues that considerable acceptance existed in Western Europe, but the acceptance was reversed in the 13th century, when Jews, Muslims, heretics and homosexuals were targeted. Germany had a significant homosexual rights movement in the inter-war period, indicating a climate of tolerance which was reversed under Hitler, when homosexuals were sent to the death camps.

168. Reuters, , “Court Backs Gays in Landmark Ruling” Bangkok Post (31 March 1994) 9Google Scholar.

169. Kirchhoff, J., “A Sad Chapter in ‘Homophobia’” The [Toronto] Globe and Mail (14 July 1990) C2Google Scholar; Fagan, D., “Gays Win a Round” The [Toronto] Globe and Mail (23 March 1987) 1Google Scholar; Lyall, S., “At Canada Border: Literature at Risk?” New York Times (13 December 1993) 6Google Scholar; Hough, R., “Degrading Customs” The [Toronto] Globe and Mail (12 February 1994) D–1Google Scholar.

170. Wilkinson, A., “The Never-ending Book Trial” The [Toronto] Globe and Mail (17 December 1993) 23Google Scholar.

171. [1979], 2 S.C.R. 435.

172. “Democracy Triumphs in Colorado” (editorial) New York Times (14 October 1994) 18Google Scholar; Bernstein, R., “When One Person's Civil Rights Are Another's Moral Outrage” New York Times (16 October 1994) E6Google Scholar.

173. Campbell, S., “Television Stations Reject Spousal-rights Commercials” Xtra (24 December 1993) 14Google Scholar.

174. See Herrell, R. K., “The Symbolic Strategies of Chicago's Gay and Lesbian Pride Day Parade” in Herdt, G., Gay Culture in America (Beacon, 1992) 225Google Scholar. A guest columnist wrote that she was ashamed of the “freak show” presented in the parades: Chellew, C., “The Naked Truth” Advocate (6 September 1994) 5Google Scholar.

175. A study by the United States Centres for Disease Control and Prevention reported homosexual transmission at 46.6% in the United States in 1993, still the largest single category in that country: “AIDS Infection of Heterosexuals Picking Up Speed” The [Toronto] Globe and Mail (11 March 1994) 8Google Scholar. Transmission in Africa and India, the major crisis areas internationally, is primarily through heterosexual intercourse.

176. Schmitt, E., “Father-son Drama Over the Gay Ban” New York Times (13 May 1993) 9Google Scholar; Clines, F., “Suprised by the Limelight, a Colonel's Gay Son Shines” New York Times (17 May 1993) 1Google Scholar.

177. In the last decade numerous organizations have changed their names to include a reference to bisexuals as well as lesbians and gay men. The 1993 march on Washington was in the name of lesbian, gay, bisexual and transgendered people, the last term seen as inclusive of transvestites and transexuals. Consensual sadomasochism, often referred to as the “leather” scene, is interesting in including homosexuals and heterosexuals. The National Leather Association in the United States describes itself as a “pansexual organization”: see advertisement, The Leather Journal (October 1993) 8Google Scholar.

178. Stockwell Day, Minister of Labour and Government House Leader in Alberta, was reported as telling local media after the equality decision in the Vriend v. King's College case, that “the decision would give licence to pedophilia.” See Edelson, A., “Queen's Bench Comers Alberta Tories” Xtra (29 April 1994) 17Google Scholar.

179. “Italian Neo-fascist Fini Disputes Rights for Gays” The [Toronto] Globe and Mail (1 June 1994) 6Google Scholar.

180. R v. Brown (1993), 2 All. E.R. 75. See Bibbings, L. & Alldridge, P., “Sexual Expression, Body Alteration, and the Defence of Consent” (1993) 20 Journal of Law and Society 356CrossRefGoogle Scholar; Rogerson, G., “Consent no defence for sm” Xtra Supplement (May 1993) 6Google Scholar.

181. B. v. France (1992), 16 E.H.R.R. 1, departing from much of the spirit of Cossey v. U.K. (1990) 13 E.H.R.R. 622.

182. The Association for Social Knowledge was formed in Vancouver in 1964. The writer was the second president of the organization.

183. In 1993 five openly lesbian or gay candidates ran for federal or provincial office. At the end of 1993 there were open gay men on city councils in Vancouver, Edmonton, Winnipeg, Toronto, Kanata and Montreal. On September 1994, Réal Ménard, Bloc Québécois Member of Parliament, stated that he was homosexual as part of his response to anti-homosexual statements made by Liberal Member Rosanne Skoke; Hannan, P., “Second MP Comes Out” Xtra (14 October 1994) 13Google Scholar.