ARE THERE SPECIAL LEGAL CONCERNS
FOR MY CHILD?
Homosexuality is not illegal in Canada. In this country, human rights
legislation falls under the jurisdiction of the different provinces and territories. Up until
April 1998, all provinces except Alberta and Prince Edward Island listed 'sexual orientation' as
a prohibited ground of discrimination in their human rights code. In April 1998, the Supreme
Court of Canada ruled that Alberta must include protection against 'sexual orientation
discrimination' in the Alberta Human Rights Act. Premier Ralph Klein stated that his government
will abide by the Court's decision. Prince Edward Island's legislative assembly is to vote on
this issue in 1998 and it is expected that sexual orientation will be included in that
province's human rights code. Hopefully by the end of 1998, all provinces in Canada will offer
human rights protection to their gay, lesbian and bisexual citizens.
On September 24, 1996, the Calgary Board of Education approved, in principle, the "Action
Plan for Gay/Lesbian/Bisexual Youth and Staff Safety". The purpose of the Action Plan is to give
a safe and secure learning environment for all students, including gays, lesbians and bisexuals.
There still remain a number of laws on the books in some states in the U.S., some dating back
to the 1700s. According to these laws, some or all homosexual behavior is illegal along with
many widespread heterosexual behaviors.
"Those who would legalize discrimination on the basis of sexual orientation or
any other grounds are gravely mistaken about the values that make our nation strong. The
essential right to equality must not be denied by a ballot initiative or otherwise."
President Bill Clinton
There is hope - many cities, towns and states have worked not just to decriminalize
homosexual behavior but to recognize homosexuality as natural. These jurisdictions have taken
measures to assure non-discrimination.
If your child travels, he or she needs to check on the laws concerning sexual behavior of the
country to which they will be traveling. The laws vary widely from country to country. This
information can be found in several travel guide books outlining the laws concerning homosexual
behaviour in all countries of the world. These books are updated every year. They include
accommodation guides, where to go and where it is safe for gay people. One such book is called,
"Spartacus, an International Gay Guide", by Buno Gmünder. Fedor Travel Books and Damron put out
accommodation guides for gay people on the road. These books are available for purchase in the
major book stores or gay-friendly book stores in Alberta and around the country.
Many states have repealed these laws, others have not. While enforcement is usually rare among
individuals, anti-gay and sodomy laws are often used against gay, lesbian and bisexual people in
custody disputes, legal actions and attempts to discriminate against gay men, bisexuals and
lesbians.
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