The unfinished project of gay activism
NOT BEYOND GAY / 25 battles we continue to fight
Marcus McCann / National / Thursday, June 30, 2011
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In the lead-up to Pride season across Canada, we look at the fights gays and lesbians are still fighting. The targets range from the courts to the media, from elementary schools to the world of professional sport. We've come a long way, but this list illlustrates that the work isn't over.

1 Creating a society free of violence
Reported gaybashings continued to rise in 2009, the most recent year for which statistics are available. And, compared to racially motivated or religiously motivated crimes, gaybashings were more likely to turn violent and result in injuries, according to Statistics Canada.

2 Including all parents on birth certificates
It’s the “known donor” conundrum. One half of a lesbian couple becomes pregnant with the sperm of a friend — either through traditional means or a turkey baster. If the father is known to the couple, then the woman’s partner usually can’t be named on the birth certificate, until she goes through a second-parent adoption process. It’s one example of the paucity of clear family law surrounding gay parents and their children’s birth records.

3 Ending bullying in schools
More than one in five queer high school students reported being physically harassed by classmates, according to Egale Canada’s climate survey. The solutions — education, zero-tolerance policies, proactive principals and teachers, dedicated queer-issues staffers — must be fought school board by school board across the country.

4 Promoting gay-straight alliances in all schools

When the Halton Catholic District School Board banned gay-straight alliances in late 2010, it touched off a media firestorm and revealed disturbing details about school boards’ official policies on gay issues in Canada’s publicly funded Catholic schools.

5 Creating and delivering a non-judgmental sex-ed curriculum
Sexual education makes parents uncomfortable, but all the research suggests that age-appropriate, non-judgmental, clear, detailed sexual education — including about gay and lesbian sex — improves health outcomes for young people.

6 Adding gender identity to the Human Rights Act
With May’s federal election, the most concerted effort to date to get gender identity added to the Canadian Human Rights Act died. NDP MP Randall Garrison has vowed to reintroduce the private member’s bill, but, with a Conservative government, the future of the bill is far from certain.

7 Ending the ban on gay blood donors

A man who has had sex with a man, even once, since 1979 is forbidden from donating blood forever. University students challenged the rule — as did two gay men in separate court cases. A 2010 Canadian Medical Association Journal editorial endorsed their activism.

Leanne Iskander marches with Catholic Students for GSAs.
(Andrea Houston)
8 Ending the seizure of books and movies at the border

On a sunny day in 2008, Rick Frenette and his husband, Shawn, were returning to Canada from the US. When their laptop was seized because of homemade porn — which featured the couple — they joined the hundreds of gays who’ve had material seized by the Canada Border Services Agency.

9 Broadening representations of gay and trans people in mainstream media
Since at least the 1950s, gays have been concerned with their representation in the news, on television and in literature. But it took The Celluloid Closet, a 1981 book and 1995 documentary, to elevate media criticism to the realm of activism.

10 Breaking down hetero assumptions about parenting
Every year, parents are given enrolment forms, memos are distributed in schools, and children receive family tree projects that presume their parents are heterosexual. For some parents, it becomes a constant battle with school administrators, who are reluctant to recognize and accommodate gay parents.

11 Changing the culture of sport

No NHL hockey players are living out, proudly gay lives. Ditto professional baseball, football and basketball players. As we search for ways to make it easier for gay athletes to live openly, we also change the culture of casual homophobia among sports fans, and, ultimately, the country.

12 Eliminating gender from government identification and forms
While easing the burden of proof for changing the gender marker on government ID would go a long way, we also need to ask why we need gender on most of these documents at all.

Valerie Scott smiles the day an Ontario judge ruled Canada's hooking laws unconstitutional.
(Marcus McCann)
13 Ensuring queer groups aren’t shut out of funding formulas

All organizations are not created equal. Canada’s funding formulas can be suspiciously vague — like a federal economic development program that supports only “family friendly” tourism — and that often means that queer groups are excluded, as Montreal’s Black & Blue festival has been since the Conservatives came to power in 2006.

14 Keeping the state out of our dungeons
Ever since the Supreme Court of Canada released its decision in R v Butler (1992), the law has taken a dim view of bondage and kink. In Butler, the court said that SM porn is inherently demeaning. Subsequent decisions, including a recent case dealing with consent to rough sex, seem to agree.

15 Ending the criminalization of HIV
HIV-positive people have been charged with sexual assault for not disclosing their status before giving blowjobs, or when they used a condom during sex, or when they had a low viral load. HIV activists point out that the law is so broad and ill-defined that poz folks don’t know what behaviours might land them behind bars.

16 Ensuring that gay refugee claimants get a fair shake
If you were asked to prove your sexuality, could you? That’s the odd predicament gay and lesbian refugees face when they arrive in Canada. And if you lived in an overwhelmingly homophobic environment, would you have photos or love letters to prove you’re gay?

17 Winning a safe labour environment for sex workers
In fighting for the decriminalization of gay sex, we said that Canadians should be free to have the kind of sex they want — so long as it’s consensual — without state intervention. Sex workers Amy Lebovitch, Valerie Scott and Terri-Jean Bedford are making that case in the courts.

18 Promoting a vibrant queer culture
Queer artists are some of the best and brightest in the country. Their work — whether transgressive, feminist, anti-authoritarian or overtly sexual — must be protected from censorship and given the space to flourish.

19 Looking after seniors and aging gay and trans people
Canada’s first generation of out, proud activist gays is gradually retiring. At some point, many will need long-term care facilities — facilities that are often run by religious groups and are notoriously prudish. The work of transforming these spaces from phobic to welcoming has just begun.

20 Including sex reassignment surgery in provincial health insurance
Ontario, BC and Quebec cover sex reassignment surgery as part of their provincial health plans. In most of the rest of the country, trans people who want surgery are on their own. Add to that the expenses of recovery, and it’s out of reach for all but a few.

21 Reducing state surveillance
During the last election, Prime Minister Stephen Harper promised to make it easier for police to track your movements on the internet. Meanwhile, airports now use full-body scanners. Gay and trans people are the frequent target of surveillance, meaning we must watch them (watching us) closely.

22 Promoting queer and human rights abroad
Increasingly, gay activists in Canada have looked to bolster gay and trans activism in other parts of the world. People in Toronto, Vancouver and elsewhere are looking to funnel resources to those fighting for gay rights in Russia, Jamaica, Uganda and elsewhere.

23 Dialling back Canada’s HIV infection rates
Infection rates are not going down. New HIV cases in 2008 and 2009 are higher than they were at the beginning of the decade. Add to that outbreaks of other sexually transmitted infections, like syphilis, and a picture emerges of prevention work in need of a shot in the arm.

24 Striking Canada’s polygamy law

Lawyers in BC are arguing whether or not Canada’s 100-year-old polygamy law should be struck, in a case that will likely go all the way to the Supreme Court of Canada. The law is so broad that mistresses, roommates-with-benefits and polyamorists could face prosecution if it is upheld.

25 Empowering youth in their sexuality
In 2008, Canada raised the age of consent from 14 to 16, but conservatives at the time grumbled that the age of consent should be 18. Meanwhile, organizations that serve youth complain that a high age of consent is a barrier to safer sex material, condoms and abortions. It’s one more front in the fight for sexual self-determination.


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Reader Comments


 
are fish now fowl
Numbers 6, 12 and 20 are explicitly about trans people. Why does your headline say changes needed for gay and lesbian people then list a bunch of changes needed by trans people only? Why conflate 2 completely separate groups? Either do it properly or not at all. Either say this list is for Queer LBGTQ people or create a list for gays and lesbians. They are not the same thing. Why eliminating gender from government documents is associated with homosexulality is incomprehensible. Sloppy job. Typical of Xtra.
baked alaska, toronto ON
06/29/11 4:28 PM EST
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A couple of comments
I notice the proposed solution to identification in 12 is the removal of gender markers entirely, and that's something I can support. However, having lobbied on this, there is strong resistance to doing this for foundation documents (i.e. birth certificates, S.I.N.) to the point where I doubt it would be possible in the near future. So it's worth adding improving processes for them in the short term. For an example on that, there is a case coming up in New York in which people are challenging the surgical requirement to amend birth certificates (the application of which seems to hinge on sterilization, since the "pregnant man" media event). Regarding #6, it is important not to forget protections for gender expression. A bill on gender identity would only accomplish part of the job, since there is a significant difference between the two terms. Incidentally, protections for gender expression help strengthen protections for cissexual (that is, non-transsexual) LGB people as well.
Mercedes ALlen, High River AB
06/29/11 4:53 PM EST
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at least one more
...and that is churches being allowed to discriminate on the basis of sexual orientation in matters of employment and services offered.
Debra, London Ontario
06/29/11 5:55 PM EST
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Great ideas for Pride Parade!
What a wonderful summary of issues still needing to be dealt with. I hope to see lots of them mentioned with signage during the Pride parade and Dyke March. Then I'd love to see an XTRA report on which issues queers actually felt strongly enough about to carry signs highlighting them. I know GSA is a big one. What else?
BJ, Hamilton Ontario
06/29/11 10:37 PM EST
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2
Birth certificates should be certificates of birth, not parenting. What's important at birth is who provided the sperm, egg, and uterus. Other adults should not be on the birth certificate, because it's not about them. Things that happen after birth do not belong on the birth certificate. But it's important to have a record of who the current parent(s) are, and maybe we need a new document for that.
Randy, Windsor ON
06/30/11 12:55 AM EST
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What work?? To hell with this list.
This list makes me angry mostly because while there are some very important and worthwhile items there like 6, 8,3,4 there are many things that disgust me with their naivety 15, 14, 25, 24, 21, we are talking about child prostitution and rape, the codification of women and human smuggling all of which are tied directly to those activities. Why should I support that kind of depravity? Esspecially since none of those have any direct connection to gay people unless they are involved in socially irresponsible and immoral behaviour.
Mike, Edmonton Alberta
06/30/11 2:30 AM EST
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Changing the culture of sport ???
The shocking social conservative trend in Canadian Figure Skating, that happened leading up to the 2010 Olympics, is something new. This in Hockey and Football, is less of a shock. (Link to the ABC World News Story Pre-Olympics) http://abcnews.go.com/WN/story?id=7473728&page=1
Jase, Mississauga ON
06/30/11 11:24 AM EST
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A good list, but...
the most important one, the struggle that dare not speak its name, is the enormous fight against religion, especially religious activity that feels emboldened to act politically and socially in our world. This is what truly stands in our way. I didn't expect Xtra to list this one because it involves prioritizing and balancing freedoms in a way that makes some of us feel uncomfortable.
Jim, Toronto Ontario
06/30/11 1:49 PM EST
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Gays should give a shit about other gays
There needs to be one main theme here moving forward: gay people need to TRUST other gay people and that's not happening. Gay marriage means absolutely nothing for those who have met nobody for 10-20-30 years. We have this discussion about gay couples and what they need - hello - they have two incomes! What about gay single people who have no degree, are barely making ends meet, have no cushion, and qualify for nothing since they are single adults with no kids? There is a culture of gay people who don't care about other gay people unless they are either rich, young, athletic, sexually interested in them; basically it's a 'what's in it for me' system, and who cares about other gay people who have nowhere to go. We WON'T be a group enjoying gay marriage unless we have the social skills to know how to date, where to go, and how to stick around. Straight people learn to crawl before they walk in terms of relationships; gay people don't even get the chance to find a 'crawling' relationship - how in the hell are we going to find someone to marry? We missed out on too many years of socializing to the point where, as adults, we don't know how to date or refuse to be bothered with anyone else. This, combined with this 'I'm better than all of you' attitude within the gay community is what's keeping us online and wanting nothing to do with each other in real life. If we can't stand each other to the point where we refuse to be seen around other gays in public (unless drunk, high or stoned), what's that saying? Why should straight people tolerate us if we can't even tolerate each other? Why are more and more people now remaining closeted thanks to the internet rather than identifying as gay in real life? If these people have no incentive or motivation to come out, they never will. They'll hang out in the chat rooms because it's just so much easier, and the straight college boy porn is always available; so now they expect real gay men to look like this too.
Jonathan, Fort Frances Ontario
06/30/11 7:52 PM EST
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What about our health and wellness
I find it shocking that a list of 25 battles that we must wage to achieve full equality would not include addressing the health issues that queer people face and a health care system that largely ignores us. The queer community has a range of health issues that result from homophobia including suicide, substance abuse, mental illness, and smoking rates substantially higher than the general population. Lesbians have higher rates of breast cancer and queer men have anal, penile and oral cancer rates 14 times higher than the general population. HIV/AIDS rates continue to be abysmally high because funders largely refuse to support initiatives directed at gay men that go beyond messages about condom use and actually address those issues that cause queer men to devalue their lives. A 2001 study indicated that as many as 5,500 queer people die premature deaths each year in Canada because of homophobia at an economic cost of at least $8 billion a year. Students in various medical fields receive little or no training on the unique experiences queer people face in our homophobic culture so it’s little wonder that many are reluctant to deal with the health care system. The ability to get married isn’t of much value to those who kills themselves or live a life of depression and substance abuse that renders them unable to find and sustain a relationship. The trauma and brutality that our youth face in our education system is the reason why we experience so many health and wellness issues. To not actively address the homophobia of our health care system will continue to condemn many of us to a range of health and wellness issues that are clearly preventable. When will we get serious about dealing with these issues?
Gens Hellquist, Saskatoon SK
07/01/11 12:37 PM EST
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Well said
In the above comment, Gens Hellquist raises some serious issues that are constantly ignored by Xtra and LGBT community leaders for reasons of political correctness. For example, it was easier for Xtra and the gay Left to have spent so much time in the last year supporting QuAIA's campaign against gay-friendly Israel than to tackle issues surrounding self-destructive behaviour of LGBT people and the reasons for it.
Steve, Toronto Ontario
07/01/11 4:02 PM EST
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Exhibitionism
Everything on the list sounds good, but please please please also respect young children and straight people who support gay rights. Anarchists totally ruin peaceful demonstrations the way exhibitionists take away the main focus from your Pride movement. Public nudity can be seen as very offensive, in some cases, illegal. And many LGBT supporters don't want to be called homophobes just because they don't support the exhibitionism. If you actually read anti pride week comments on other sites, complaints are mostly against the public nudity, and not gays kissing each other in public. I don't have any problem with that. It is about love, please focus on love. You don't need to expose your butts to the public to prove your love. It's only hurting your community.
Straight guy, Toronto Ontario
07/05/11 9:33 AM EST
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more straight conditional tolerance
Straight guy -- fuck off. Don't bring your brats to the parade if you can't handle nudity. Your personal repression and psychological problems are not the concern of a sexuality movement. Your support for us is conditional -- how liberal and loving of you. Phoney bigot.
sick of straights this year, toronto ON
07/05/11 11:20 AM EST
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re: Exhibitionism
@Straight Guy - In gentler words than 'Sick of Straights this year' chose to use, the parade is an ALL-inclusive event that represents so many sides of the LGBTQ community and nudity and sexual freedom are a part of it. If you feel offended by these things, or you're concerned about it not being a child-friendly event, then you should find other parts of Pride which are. Because there are MANY events that make up Pride week, some of which are specifically for families with children. I encourage you to check those out next year! Also keep in mind though, that not all parents (myself included) feel the need to 'shelter' their children from nakedness and sexuality. Frankly, most kids won't think much of it (they'll laugh, point, or go 'eeewww!') - but will only feel like it's a big deal if they pick up on *your* reaction.
Cassidy, Toronto Ontario
07/05/11 11:56 AM EST
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What about our own personal growth as community?
I'd like to see a more introspective item somewhere on the list. I can't really articulate it very well, but I do want to start a conversation. We don't always treat each other with respect, and the frequent exclusion of older or less-than-gorgeous people or people from other cultures from gay spaces makes us exclusionary and unfriendly, when we should be welcoming and kind to all people, not just those we desire. Who among us hasn't experienced the pain of receiving an attitude of "I don't want to fuck you, therefore you have no value to me. Go away" in our lives? Many of us have had a history of using others to get where we wanted to go. (Just like other humans - no better, no worse). Let's continue to fight activist battles. But let's also do some gentle and loving self-criticism and aim at becoming more rounded and community-oriented individuals, not solely hedonistic pleasure seekers. And I say this in an admission of my own participation in much of this. After forty, you tend to look at how you have lived your life, and too many of us adopt the attitude that (gay) life ends at forty. What a shameful way to live. Let's try to give on another a gentle hand from time to time, and not displace all that is wrong onto society or politics or straights. We have some personal growth to do as well, creating "social capital" or whatever you want to call it. We can't always hold others and big, bad society responsible for our unhappiness. Activism has a role, to be certain. But so does life at the personal, interactive level of friends and family. What I'm say is: let's not locate all of our work outside of ourselves. We're not perfect, and we're very sensitive to criticism. Let's grow up a bit.
Alejandro, Toronto ONtario Canada
07/05/11 1:35 PM EST
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Thank you
@Cassidy, no gentrification needed, but much appreciated for including me in the discussion in a more mature manner. I guess for many straights, the general understanding of the gay rights activism is to get homosexuality to be more accepted in the mainstream, and me and people around me who support gay rights don't usually consider exhibitionism as part of the gay rights movement as exhibitionists can be gay or straight. And you are right, it's more likely that the straight adults go eeewww when they see naked men out in the open. My comment could be seen as pointless if it's only gay way or no way, though I was trying to get my point across that there are many many more straight supporters of gay rights and they would show up, it could have easily been twice as big, if it wasn't for the exhibitionists whom straights don't consider to be part of the LGBT, pretty sure it's the misunderstanding by the straights, it's just take it or leave it situation without listening to each other perhaps, and how that kind of attitude goes both ways. More acceptance is there, but a better understanding is required from both ends, and exhibitionism is being the moral (or fake moral to many of you) wall for lots of straights. I mean, pride week is the time for gays and lesbians to have a good time out in the open, and they should, but without the exhibitionism, or the wrong perception of gays because of the exhibitionism, you'd be surprised how much more quickly it would become the mainstream and gays and lesbians can hold hands, kiss each other in public without fingers pointed at them, any day, not just during the pride week. And I thought that was the whole purpose of the parade. But if LGBT community insists on getting their butts and weenies exposed to the public, then the impact of pride week will stay minimal.
Straight guy, Toronto On
07/05/11 4:38 PM EST
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pompous ass
Straight Guy, thank you so much for telling the entire homosexual population what we must do to be accepted into your society by you. How dare you tell us anything on OUR day. Screw your pompous condescending pontificating. NO ONE in the gay communities that I know are willing to trade anything for your moral approval. Lesson to Straight Guy: we would rather be outsiders forever than purge our ranks for your bourgeois stamp of acceptance. Is your name Rob Ford? Or are you one of those snake oil US style Christians -- some of my best friends are gay BUT... You will never get it.
what is with all the straights, Toronto ON
07/05/11 6:09 PM EST
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Probably not
Yeah, I'll probably never get it then. Just like you'll never get it. And that was exactly my point. And I'm not telling you anything on your way. But bitching about the straight meanies among yourselves won't lead to anywhere. As long as you guys refuse to interact with the straights, just like how straights have been avoiding gays, then it'll be quite tough for both parties to understand each other. And of course many straights are guilty of this as well. We have prejudice against gays, and you have prejudice against straights, and so is it better to stay away from each other, is that your solution? I don't think either party can get it exactly 100% the way either of us want it. And we can't impose one way or another to one another. And that's what straights have been doing to you! Shame on us! And many of us realized that, and I got it, I'm just explaining what "some" of the straights feel about the exhibitionism, that's all. All I was suggesting was to consider some kind of compromise in order to focus on homosexuality getting more acceptance instead of fostering further misunderstanding, but sorry, I invaded your personal space. I was hoping gays and lesbians were a bit more open minded, I just wanted to share what many straight supporters of gay rights feel about the whole pride movement. Call me Rob Ford if you will. You insulted enough right there! But I will not call you names. I'm sorry that a straight guy decided to make a comment, and tried to interact with you guys, in a perhaps awkward way. Sorry, if it came off as condescending. I'm really sorry because I wasn't expecting you to agree with me, but to reflect on what many straights feel about the LGBT community. And encouraging all of us to focus on promoting the equality instead of the negative connotation about the gay community due to the exhibitionism seems to make me a pompous ass, then I'm really sorry. We should perhaps never dare communicate with each oth
Straight guy, T.O. On
07/05/11 7:20 PM EST
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Reductionist and immature 'politics', Xtra
Re 15: Surely the challenge is to clarify the law and make it humane and reasonable (and give judges and juries discretion) rather than repeating the rather meaningless mantra, one of Xtra's favourite, to "end the criminalization of HIV". The recent Aziga case was, in my estimation, appropriate use of the courts to punish someone. If people are being locked up for blowjobs and "nondisclosure" that is wrong. But when people act with reckless disregard for human life - Aziga murdered at least two women - then I want the law to intervene. When things are dangerous, like guns, society needs to have restraints and penalties in place in order to protect society. Why should individuals with HIV get a pass if they show abject disregard for the community? HIV shouldn't be criminalized, but reckless and dangerous behaviour - which will be difficult to codify - needs to be curtailed. I don't have a problem with the state protecting me. In fact, I demand it. Would you call the prosecution of rapists "the criminalization of sex"? It makes about as much sense - i.e. none at all. Let's not reduce a complex issue to a bumper sticker phrasing. It's an insult, and it's dangerous. And lists like this are a cheap, demeaning simplistic media trope. Grow up.
Alejandro, Toronto ON
07/06/11 1:18 PM EST
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Genderless Government, Genderless Dyke March?
You forgot 26, which should have been obvious when writing 12: Eliminating gender from government identification and forms While easing the burden of proof for changing the gender marker on government ID would go a long way, we also need to ask why we need gender on most of these documents at all." Agreed. Now, let's also eliminate gender from clubs AND the Dyke March. I want women to play in the NHL, but I also want my son in the Dyke March with me. Equal is equal is equal. Enough of the sophistry. We need to ask why what is in your pants can exclude you from the Dyke. Gay men are not a threat - 30 years of Pride should prove that. If it's about safety, more lesbians are brutalized by other women than by gay men (there's just no context for gay men brutalizing lesbians).
Alejandro, Toronto Ontario
07/06/11 1:26 PM EST
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