Tag Archives: law and legislation

We can always call them Bulgarians. — Samuel Goldwyn (Attributed)

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Dining with my friend Plamen at a restaurant in Sofia.

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“We can always call them Bulgarians,” is a quotation attributed by Wilella Waldorf to “Samuel Goldwyn or somebody” in the New York Post, September 17, 1937. (as cited in The origin of “Bulgarian” as a euphemism for sexual minorities.) The euphemism was used in American cinema and theatre when referring to gay and lesbian characters on screen and on stage starting in the first half of the 20th century. What made me think of this is my recent trip to Bulgaria. I left Ottawa, bound for Bulgaria, on July 14th and returned on July 25th. I met up with my friend Plamen in Sofia, the capital city of Bulgaria, and embarked on a whirlwind tour with him as my guide and interpreter. We had a great time. Bulgaria has a rich history and culture going back to antiquity and today Bulgaria is a peaceful and prosperous society. During the tour, we did not visit any gay bars or clubs in Bulgaria. This was not on the itinerary, still, in the back of my mind I wondered what life is like for gay people in Bulgaria. Do gay people live openly in Bulgarian society or do they remain closeted and if so, why? Continue reading

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Today, the degradation of the inner life is symbolized by the fact that the only place sacred from interruption is the private toilet. — Lewis Mumford

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Using the toilet is a basic human need. Everyone needs to relieve themselves and defecate; these are natural bodily functions. As  small children, going to the bathroom is typically a shameless affair. It is not unusual to do your business under the care and supervision of a parent or caregiver at home and in public washrooms. I remember accompanying my mother into public women’s washrooms as a small boy when I had to go. As we grow older, using the bathroom becomes a more private affair. People generally prefer to respond to the call of nature without an audience. This preference was brought home to me the time while serving in the Canadian Army I found myself and my regiment taking part in an exercise at a National Guard camp in Grayling, Michigan. In 1979 at least, the U.S. Army did not concern itself with privacy in the washroom facilities for the lower ranks. The urinal was an open trough and the “shitters” were in a row in plain view. Pooping in plain view of your comrades took a little getting used to. Fortunately, with existing etiquette concerning public washrooms one is generally assured a modicum of privacy. In addition, public washrooms are designated for men and women separately. This has long been the norm and quite reasonable, so how did public washroom etiquette become such a hot button issue in recent history? Continue reading

If a couple of gay guys want to throw the gayest, most fabulous wedding of all time, the only way it should offend you is if you weren’t invited. ― Orlando Winters

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“No shirt, no shoes, no service,” how often am I confronted by a sign with these words posted when I approach the entrance to a restaurant or shop. There are hotels, bed & breakfasts, resorts and housing developments that refuse to allow children. I remember in 1968 my mother and father were asked by owners to leave their bed & breakfast in Cheltenham, England, because other guests did not like that there were children on the premises. I remember back in 1987 when I was a student at Wilfrid Laurier University trying to find a place to live in Kitchener-Waterloo. It was a very tight market for student housing and for one of the ads I answered was told curtly by the voice on the telephone “we only take girls.” In 1989 back in Ottawa as I browsed ads in the newspaper for shared accommodation I noticed more than a few that included the phrase “straight only.” People discriminate against others in the marketplace for various reasons and in many cases, such as those listed above, it is lawful to do so, while in others it is not. The question is what is the appropriate response if you find yourself confronted with a situation when you think you are the butt of either unjust or unlawful discrimination. Continue reading

Indiana wants me, Lord, I can’t go back there. — R. Dean Taylor

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Indiana is a state situated in the mid-western United States and is well-known across the rest of the United States and much of the world for the Indianapolis 500-Mile Race, one of the most prestigious motor sport races in the world. This week, however, Indiana finds itself in the spotlight because of the the passage of SB 101 the Religious Freedom Restoration Act into law. Governor Mike Pence signed the bill into law on March 26, 2015 and the law goes into effect on July 1, 2015. The legislation is necessary, as supporters of the legislation such as Eric Miller of  Advance America asserted because, “it is vitally important to protect religious freedom in Indiana […] to help protect churches, Christian businesses and individuals from those who want to punish them because of their Biblical beliefs!” (Victory at the State House) Those in opposition to the legislation such as Democratic Party Senate Minority Leader Tim Lanane fear the legislation allows for discrimination on religious grounds. As Senator Lanane stated it is “extremely disappointing that Governor Pence endorses this out-of-touch, discriminatory legislation. Not only is this law unnecessary, it unfortunately has already portrayed our state as intolerant, unfriendly, and backwards; things which I believe most Hoosiers reject.” (as cited in the Indy Star) Governor Pence disagrees, stating “this bill is not about discrimination and if I thought it legalized discrimination I would have vetoed it.” (as cited in the Indy Star) Is religious freedom threatened in Indiana and does this legislation intended to safeguard religious freedom allow for lawful discrimination on religious grounds? These questions merit further discussion. Continue reading

There is hardly a political question in the United States which does not sooner or later turn into a judicial one. — Alexis de Tocqueville

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Despite gains in the movement for marriage equality in the United States, such as the repeal of the Defense of Marriage Act (DOMA) and Proposition 8 by the Supreme Court of the United States in 2013 and the repeal of Amendment 1 in North Carolina by a U.S. District Court in 2014, resistance rooted in cynical appeals to populism and the tyranny of the majority rears its head in Alabama. This is manifest in the looming showdown between Judge Roy Moore of the Alabama Supreme Court and the Supreme Court of the United States (SCOTUS) following the repeal of the Alabama Sanctity of Marriage Amendment, in a ruling handed down by Justice Callie V. Granade  of the United States District Court for the Southern District of Alabama on January 23, 2015. This is not unlike the showdown that took place between Governor George C. Wallace and President John F. Kennedy in 1963 when Governor Wallace defied the SCOTUS ruling in Brown v. Board of Education, handed down in 1954 that declared segregation unconstitutional. In both cases, support for segregation and for a ban on same sex marriage was overwhelming and Wallace and Moore insisted their respective stands on the issues was justified in that they represented the opinion of the majority of voters in Alabama. Continue reading

The Lord is my Shepherd and he knows I’m gay. — Troy Perry

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The issues of gay rights, religious liberty and tolerance of religion in Canada and the United States remain contentious. While the destigmatization of homosexuality is a welcome trend in Canada and the United States, it is by no means a fait accompli. Lawful discrimination on religious grounds against gay people remains an issue, notably in secondary and post-secondary education, as religious institutions operate and have sole proprietorship of their own high schools, colleges and universities. The issue of lawful discrimination against gay people on religious grounds and opposition to it from the wider society is highlighted by recent events concerning Trinity Western University in Langley, British Columbia and Lutheran High North (a high school ) in Houston, Texas. Both schools have moral codes founded on their interpretation of Christianity that bar sexual activity outside marriage and between persons of the same sex. The schools stand firm in their opposition to homosexuality in the face of controversy and maintain they are within their rights to do so. In either case, presumably, a gay student is welcome to attend, provided they abide by the moral codes instituted by the respective schools. This is legal in both Canada and the United States, but is it tolerable and what is the appropriate response for those who take issue with these school policies? Continue reading

Art is permitted to survive only if it renounces the right to be different, and integrates itself into the omnipotent realm of the profane. — Theodor Adorno

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The religious and the secular came to a head at the offices of the newspaper Charlie Hebdo in Paris when Saïd Kouachi and Chérif Kouachi, French citizens of North African ancestry, armed with Kalashnikov rifles opened fire, killing 12 people and wounding 11 in an Islamist terror attack. The attackers were heard shouting “Allahu akbar,” and “the Prophet has been avenged.” Charlie Hebdo, a satirical newspaper published weekly, produces satire in the form of caricatures, scrappy opinion pieces and jokes from a left-wing perspective. Among the targets of its brand of satire are the three Abrahamic faiths: Roman Catholicism (Christianity), Islam and Judaism. The caricatures published in Charlie Hebdo quite often consist of crude representations of religious figures such as Pope Benedict and Mohammed. Not surprisingly, this offends many people and generates controversy. The publishers of Charlie Hebdo were prepared to die to defend their right to freedom of expression; whereas, the Islamist attackers were prepared to kill to defend their faith. In the aftermath of the terror attack, differences of opinion concerning the right of freedom of expression and of religious liberty came to the fore. What was it that motivated the publishers of Charlie Hebdo and the Islamist attackers that resulted in this atrocity? Continue reading