Details

Subject(s)

• Homosexuality—Law and legislation—Canada [Browse]
• Sex discrimination—Law and legislation—Canada [Browse]
• Sex and law—Canada [Browse]

Summary note

In 1929, the Privy Council of Canada declared that women were "persons" under the British North America Act. Seventy years later, a similar move is afoot to establish 'constitutional personhood' for lesbian, gay, bisexual, transsexual, and transgendered people. In Are We "Persons" Yet?, Kathleen A. Lahey documents the minimal extent to which human rights laws have improved the legal status of sexual minorities in Canada. She argues that, despite the significant legal progress made with the adoption of the Canadian Charter of Rights and Freedoms, the traditional legal definition of "persons" continues to limit the legal, social, economic, and political freedom of queer people.Using an interdisciplinary approach, Lahey presents a historical analysis of litigation relating to sexuality and of the most recent constitutional decisions on sexuality in Canada and the United States. Further discussion concerns immigration law, inheritance law, and same-sex marriage, as well as the widespread exclusion of queers from government census and other statistical surveys.Are We "Persons" Yet? provides an excellent model for the analysis of discrimination on the basis of sex, race, sexuality, and marital status and a valuable reference for academics and activists alike.

Notes

Description based upon print version of record.

Bibliographic references

Includes bibliographical references and index.

Source of description

Description based on print version record.

Language note

English

Contents

• Frontmatter
• Contents
• Preface
• Acknowledgments
• Chapter One. ‘Full Life,’ Human Rights, and Sexuality
• Chapter Two. Chart(er)ed Rights
• Chapter Three. ‘Demonstrably Justifying’ Discrimination
• Chapter Four. Human Rights, Charter Rights, and ‘Legal Personality’
• Chapter Five. Are We ‘Persons’ Yet?
• Chapter Six. Counting Queers
• Chapter Seven. The High Costs of Being Queer
• Chapter Eight. The High Costs of Heterosexuality and the ‘Queer Penalty’
• Chapter Nine. The ‘Benefit’ Conundrum and the Politics of Exclusion
• Chapter Ten. The Costs of ‘Incrementalism’
• Chapter Eleven. The Future of Queer Personhood
• Notes
• Index

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ISBN

• 1-282-02571-6
• 9786612025716
• 1-4426-7095-9

OCLC

• 944178499
• 314201852

Doi

• 10.3138/9781442670952

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