Legalizing Gay Sex


  • Hannah Riley Duke University of Windsor


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


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Student edition 2021