Table Of Content

Y R A R B LI W A L N KI S A L A R O B LAW AND SEXUALITY READINGS VOLUME II Edited by Christopher N. Kendall 1993 Faculty of Law University of Toronto SEP 13 1Q93 FACULTY of law I'TO^iy Of mmrn bora LASKIN I-AW library UNIVERSITY O TORONTO LAW AND SEXUALITY READINGS VOLUME II Edited by Christopher N. Kendall 1993 Faculty of Law University of Toronto Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/lawsexualityread02kend LAW AND SEXUALITY VOLUME II VI. Human Rights? John D’Emilio, "Making and Unmaking Minorities: the 1 Tensions Between Gay Politics and History," (1986) 14 Review of Law and Social Change 923. Parliamentary Committee on Equality Rights, "Sexual 6 Orientation" in Equality for All. October, 1985. "Saskatchewan Amends Rights Act" in Xtra!. July 9, 1993. 14 "Rights Battle Facing Hurdle, Tory MP Says," The Globe 15 and Mail. October 15, 1990. - Haig v Canada (1992), 9 O.R. (3d) 495 (C.A.). 16 Philip MacAdam, "Same-Sex Couples Now Considered 24 Spouses," in GO INFO. December 1991/January 1992. Ken Smith, "Using the Courts," in Outcomes (Vancouver, 1993). 26 L. Zaslofsky, "Refugees From Homophobia," in The Body 28 Politic. September, 1986. R. Hughes, "Love Across Borders," in Outcomes (Vancouver, 29 1993). D. Smith, "Count Us In: Employment Equity Programs," 31 in Outcomes (Vancouver, 1993). G. York, "Forces Agree to End Anti-Gay Policies," in 34 the Globe and Mail. October 21, 1992. In Re Guardianship of Kowalski. 478 N.W.2d 790 35 (Minn. Ct. App.) (1991). C. Holland, "Tragedy Turns Closeted Lesbian Into 37 Open Feminist Activist," in Xtra!. "Keeping Foster Homes Straight" in The Body Politic. 46 October, 1986. "Couple Coup: Married Students Residence Takes Gay 47 Couple" in Xtra!. June 16, 1989. CLGRO, "Happy Families: the recognition of same-sex spousal 48 relationships," (Toronto, April, 1992). Laurie Bell, "Community and Consumer Relations," in 54 On Our Own Terms (CLGRO: Toronto, 1989) VII. Family: from theory to practice a) Marriage and spousal "benefits" Adrienne Rich, "The Antifeminist Women," in A. Rich, 55 On Lies.Secrets and Silence (New York: Norton, 1979) at 83-84. Letty Cottin Pogrebin, Family Politics (1987). 56 Nitya Duclos, "Some Complicating Thoughts on Same-Sex 57 Marriage" in (1991) 1 Law and Sexuality 31. j Lavland v Ontario (Minister of Consumer and Commercial 87 Relations!, unreported, March 17, 1993, Ontario Court of Justice, General Division. Didi Herman, "Are We Family?: Lesbian Rights And Women’s 116 Liberation,"(1990) Osgoode Hall Law Journal 789 (1990). Cynthia Petersen, "Brief Submitted to The Standing 130 Committee on Administration of Justice," February, 1991. b. findlay, "For Better and For Worse" in Outcomes 138 (Vancouver, 1993). / Knodel v British Columbia (1991), 58 B.C.L.R. (2d) 141 356 (S.C.). Leshner v R (1992), 16 C.H.R.R. D/184. 158 Case Summary, Clinton v Ontario Blue Cross et al. 181 (Ontario Human Rights Commission Board of Inquiry) July 14, 1993. "The Rights of Homosexual Couples" The Globe and Mail. 182 September 3, 1992. / P. Small, "Gays Celebrate Recognition As Family" 183 The Toronto Star. September 3, 1992. P. Maloney, "Ruling On Gays to Have Far-Reaching 184 Impact, Lawyers Say," The Toronto Star. September 3, 1992. I. Harvey, "Don’t Hold Your Breath, Gays Told" 185 Toronto Sun. September 3, 1992. "Queer Notions," Toronto Sun. September 3, 1992. 186 Letters to the Editor, the Toronto Star. September 187 9, 1992. A. Tobin, "Family Value Loses Lustre In Ontario" in 188 Kitchner-Waterloo Record. September 4, 1992. Egan v Canada (1991), 87 D.L.R. (4th) 320 (F.C.T.D.). 190 D. Vienneau, "Gay Couple Lose Court Bid For Pension" 197 in The Toronto Star. December 5, 1991. Ann Fuller, "Blue Cross Plans Appeal on Spousal Benefits," 198 in The Globe and Mail. August 3, 1993. San Francisco Domestic Partnership Ordinance. January 15, 199 1991. Board of Supervisors, City and County of San Francisco, 201 "Landmark Domestic Partners Legislation Signed Into Law," in Xtra. Ruth Teichroeb, "Living Wills Let You Decide" in Winnipeg 202 Free Press. July 26, 1993. Laurie Bell, "Health" in On Our Own Terms (Toronto: CLGRO, 203 1991). Laurie Bell, "Estate Planning," in On Our Own Terms (Toronto: 206 CLGRO, 1991). b) Parenting Nancy Polikoff, "Lesbian Mothers, Lesbian Families: Legal 209 Obstacles, Legal Challenges," in (1986) 14 Review of Law and Social Change 907. Audre Lorde, "Man Child: A Black Lesbian Feminist’s Response: 214 in Sister Outsider (Freedom, CA: The Crossings Press, 1984) at 72. Mary Cronin, "Nobody’s Children," in Time Magazine. October 219 9, 1989. Mary Ann Coffey, "Of Father Born: A Lesbian Feminist Critique 222 of the Ontario Law Reform Commission Recommendations On Artificial Insemination," in (1986) 1 C.J.W.L. 424. National Center for Lesbian Rights, "Lesbians Choosing 226 Motherhood: Legal Implications of Donor Insemination and Co-Parenting," (1991). Laurie Bell, "Children,"in On Our Own Terms (Toronto: 231 CLGRO, 1991). c) Custody and Access Kathleen Lahey, "On Silences, Screams and Scholarships," 237 (unpublished manuscript, 1990). Case v. Case (1974), 18 R.F.L. 132 (Sask. Q.B.). 241 IC v. IC (1975), 23 R.F.L. 58 (Alta. Prov. Ct.). 245 Rv.D, (1978), 20 O.R. (2d) 722 (Co. Ct.). 249 Re Barkley and Barkley (1980), 28 O.R. 136 (Prov. Ct. (Fam. Div.). 252 N. v. NL (July 2, 1992), unreported (B.C.S.C.). 255 Duller v. Duller (1988), 18 R.F.L. (3d) 54 (Ont. S.C.). 263 Duller v. Duller (1989), 22 R.F.L. (3d) 76 (Ont. C.A.). 269 Worbv v. Worbv (1985), 48 R.F.L. (2d) 370 (Sask. Q.B.). 270 Saunders v. Saunders (1989), 20 R.F.L. (3d) 368 (B.C. Co. Ct.). 271 d) Separation l General National Center for Lesbian Rights, "Our Day in Court - 274 Against Each Other," in NCLR Newsletter (Winter, 1991-1992). Angela West, "Prosecutorial Activism," in (1992) 15 Harvard W.L.J. 249. Ruthann Robson, "Mediation and Dispute Resolution," in 276 Lesbian Outlaw (New York: Firebrand Books, 1992) at 171. ii. Domestic/Partner Assault Barbara Hart, "Lesbian Battering: an Examination," in 279 Lobel (ed), Naming- the Violence: Speaking Out About Lesbian Battering (Seattle: the Seal Press, 1986) at 173. David Island and P. Letellier, Men Who Beat the Men Who Love 288 Them (New York: Harrington Park Press, 1991) at 110. i/7. Property/Support Anderson v. Luoma (1986), 50 R.F.L. 127 (B.C.S.C.). 296 Forrest v. Price (October 13, 1992) unreported (B.C.S.C.). 310 Brunet v. Davis (April 16, 1992), unreported (Ont. Ct. Justice). 325 Laurie Bell, "Home and Property" in On Our Own Terms (Toronto: 335 CLGRO, 1991). VIII. AIDS Law Issues -- to be distributed in class.