In this thesis I explore the implications of the extension of 'spousal' status to samesex
couples from the perspective of queer people who experience intersectional or
complex oppression. This study is grounded in a rejection of the necessity or efficacy of
attempting to understanding the oppressions facing queer people from only one
perspective. I reject the notion that such a simplistic approach to understanding
oppression is conceptually honest. Put simply, I argue that what is often characterised
as a purely 'gay and lesbian' approach to reform—namely, the consideration of only
oppression related to 'sexual orientation' or 'heterosexism'—is in reality the prioritisation
of the limited perspective of those who only experience systemic disadvantage related
to their race. These people are a small minority of queer people.
Unlike many other academics and activists, I do not conclude with a 'yes' or 'no'
response to the question of whether same-sex spousal status should be sought. The
analysis presented in this thesis does not permit such a final conclusion for three
reasons. First, I argue that the implications of the extension of spousal status vary
depending on the institutional context; in other words, the extension of spousal status is
very different in the context of social assistance law as compared to the provision of
employment-related benefits. Secondly, I argue that the extension of spousal status
also varies among queer people; for example, the implications of the extension of
spousal status to poor queers are vastly different from those who are wealthy. Thirdly, I
argue that the decision to support the extension of spousal status to same-sex couples
is inherently political; this decision cannot be immunised from political challenge on the
basis that it is derived from some allegedly objective legal or socio-scientific calculus.
Although I have endeavoured adopt a inter-disciplinary approach, this thesis does
focus on legal rights discourse. To my mind, this focus is appropriate given the
emphasis on 'rights talk' and the assumed benefits of formal equality within the
community of academics and activists working on queer issues. In various parts of this
thesis, I focus on the approaches of activists, academics, judges and legislators to the
issue of the rights of queer people and the nature of equality.
Ultimately, I conclude that until we begin to appreciate the complexity of the
oppressions facing queer people, and avoid the false prioritisation of a 'purely gay and
lesbian oppression' perspective, we will be unable to work in coalition or to effect
progressive social change. / Law, Peter A. Allard School of / Graduate
| Identifer | oai:union.ndltd.org:UBC/oai:circle.library.ubc.ca:2429/11599 |
| Date | 05 1900 |
| Creators | Van der Meide, Wayne |
| Source Sets | University of British Columbia |
| Language | English |
| Detected Language | English |
| Type | Text, Thesis/Dissertation |
| Format | 10771491 bytes, application/pdf |
| Rights | For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
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