Legalizing Gay Sex
Abstract
According to Lennon-Dearing and Delavaga (2015, p. 412), “there has been a dramatic increase in anti-lesbian, gay, bisexual, and transgender" legislative initiatives in Canada within the last several years. This policy brief discusses the complexities and contradictions associated with the relationship of policy, laws and same-sex intercourse. Although there is no law in Canada prohibiting same-sex intercourse, there are many legal discriminations and criminal regulations that negatively influence the lives of members of the Lesbian, Gay, Bisexual, Transgender, Queer community (LGBTQ+) and other related communities in Canada (Smith, 2020). This brief is intended to direct Canadian Parliament in altering section 159 of the Criminal Code, which states the Legal Age of Consent for anal sex is 18 years old, "unless it is an act engaged in, in private, between husband and wife” (Library of Parliament, 2017; Smith, 2020). This is discriminatory towards the LGBTQ+ community because the Legal Age of Consent in Canada is 16 years old (Smith, 2020). This brief recommends removing section 159 from Canada’s Criminal Code, expungement of Criminal Records of those charged with offences related to anal intercourse, and education for policymakers on the LGBTQ+ community
References
Australian Institute of Family Studies. (2017). Age of consent laws. https://aifs.gov.au/cfca/publications/age-consent-laws
Berkman, C. S. & Zinberg, G. (1997). Homophobia and heterosexism in social workers. National Association of Social Workers, Inc. 42(4), 319-332. https://doi.org/10.1093/sw/42.4.319
Bill C-448, An Act to amend the Criminal Code (consent), 1st Session, 41st Parliament, 2011-2012. https://www.parl.ca/DocumentViewe r/en/41-2/bill/C-448/first-reading
Bill C-600, An Act to amend the Criminal Records Act (homosexual activities), 2nd Session, 41st Parliament, 2013- 2014. https://www.parl.ca/DocumentViewe r/en/41-2/bill/C-600/first-reading
Burke, G. (2016, September 15). Queensland government lowers age of consent for anal sex to 16. ABC News. https://www.abc.net.au/news/2016- 09-15/queensland-standardises-age- of-consent-laws-anal-sex/7850112
Canadian Charter of Rights and Freedoms, s 15, Part I of the Constitution Act, 1982, being Schedule B to Canada Act 1982 (UK), 1982, c11. https://www.canlii.org/en/ca/laws/sta t/schedule-b-to-the-canada-act-1982- uk-1982-c-11/latest/schedule-b-to- the-canada-act-1982-uk-1982-c- 11.html#sec1_smooth
Charron-Tousignant, M., Mackay, R., & Nicol, J. (2017). Bill C-39: An act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other acts. (Publication No. 42-1- C39-E). Retrieved from the Parliament of Canada website: https://lop.parl.ca/sites/PublicWebsit e/default/en_CA/ResearchPublicatio ns/LegislativeSummaries/421C39E
Criminal Code, RSC (1985) c C-46 (Section 159).
Department of Justice Canada. (2020). How new laws and regulations are created. [PDF]. https://www.justice.gc.ca/eng/laws- lois/pdf/infograph-laws-lois.pdf
Government of Canada. (2019, July 10). Department of Justice Canada Minister’s Transition Books: Roles and Responsibilities of the Minister of Justice and Attorney General in Canada. https://www.justice.gc.ca/eng/trans/transition/2015/tab2.html
International Federation of Social Workers. (2021). Global definition of social work. https://www.ifsw.org/what-is- social-work/global-definition-of- social-work/
Lennon-Dearing, R. & Delavaga, E. (2015). Policies discriminatory of the LGBT community: Do social workers endorse respect for the NASW code of ethics? Journal of Gay and Lesbian Social Services, 27, 412-435. https://doi.org/10.1080/10538720.20 15.1087266
Levy, P. A. (1991). Social work roles in law reform litigation. National Association of Social Workers, 36(5), 434-439. https://doi.org/10.1093/sw/36.5.434
Redcay, A., McMahon, S., Hollinger, V., Mabry-Kourt, H. L., & Cook, T. B. (2019). Policy recommendations to improve the quality of life for LGBT older adults. Journal of Human Rights and Social Work, 4, 267-274. https://doi.org/10.1007/s41134-019- 00103-2
Salerno, J. P., Williams, N. D., & Gattamorta, K. A. (2020). LGBTQ populations: Psychologically vulnerable communities in the COVID-19 pandemic. Psychological Trauma: Theory, Research, Practice, and Policy, 12(S1), S239-S242. https://doi.org/10.1037/tra0000837
Scott, C. (2016, November 13). Overview of parliamentary efforts to repeal section 159 of the criminal Code from bill C449 onward: Collection of documents for the historical record. Osgoode Digital Commons [Editorial]. https://digitalcommons.osgoode.york u.ca/public_writing/69/
Senate of Canada (2018) Senate. Standing Committee on human rights. Evidence, April 18. https://sencanada.ca/en/Content/Sen/ Committee/421/RIDR/53948-e
Smith, M. (2020), Homophobia and homonationalism: LGBTQ law reform in Canada. Social and Legal Studies, 29(1), 65-84. https://doi.org/10.1177/09646639188 22150
