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Queer Theory Research Paper

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Queer Theory Research Paper
According to Statistics Canada, the number of same sex couples rose 15% between 2006 and 2011 and continues to rise. Queer theory takes this rise into account and focuses on the laws violating equality guaranteed under s.15 of the Charter. Queer theory recognises that the law has overlooked the dispowerment of sexual minorities regarding choice of marriage. However, Bastarache, in his statement, fails to take into account the issue of opportunity which translates into this unequal choice to marry or not. In this commentary, I will discuss how equal opportunity to chose to enter a marriage, did not exist for homosexuals. I will then argue that in marriage, same sex individuals suffer negative outcomes because they are not recognized by family law legislation or the courts.
Marriage has only been categorized for opposite sex and fails to take into account same sex individuals. Queer theorists “focus on the ways in which identity is politically and historically constituted, and the manner in which it reinforces the dichotomy between homosexual and heterosexual”. …show more content…
The issue of opportunity arises because homosexuals are not recognized by family law legislation or the courts. Kierstead et al states that “lesbian and gay parents risk negative outcomes in custody cases if they do not conform to beliefs about acceptable gay sexual conduct”. The term conform is powerful because queer theory is implying that homosexuals have to conform with societies socially constructed stereotypes. This stigma applies to homosexual individuals and extends to their friends and children. Due to these discriminatory assumptions, same sex couples are forced to face risks. Bastarache’s characterization of marriage also raises questions whether matrimonial property legislation only takes into account opposite sex marriages thus silencing the rights of same sex marriages. Therefore, there are challenges prevalent for same sex
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