WDW101Y1 Lecture : WDW387 March 13 2012.docx
19 Apr 2012
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March 13 - lecture 8 - same sex marriage. Same-sex relationship recognition in canada and the usa: a genealogy of sexual orientation; the constitutive effects of law on identity, same-sex spousal status in canada; courts and legislatures play pass the buck. Terms invented in the shadow of the law to promote rights claims in liberal, content-neutral legal system, on analogy with gender, invented to seek equality for women without naming the group. Constitutive power of the law; people now feel that sexual orientation is an important, even essential inner identity, and that it is a universal psychic phenomenon. Law invented terms; before 70s there was no such thing as the idea of sexual orientation; homosexual minority; straightness as not as identifying of person. Canadian law s. 15 of charter can be interpreted to cover analogous groups - no change in text needed.
