Humboldt Journal of Social Relations


Dawn Onishenko


In Canada, particularly since the protection of minority rights under the Charter, rights rhetoric and judicial challenges have emerged as a critical means of redressing the inequity experienced by subordinated peoples and groups - thereby privileging law and its accompanying equality framework as an agent of enfranchisement. Undoubtedly, no other social group has witnessed such rapid advancement of their rights via legal activism in the Canadian policy landscape as has the LGBTQ community – including access to marriage. This paper uses findings from a qualitative study with LGBTQ individuals who married their same -sex partners to increase our understanding of the impact of the Equal Marriage Charter challenge and associated equality discourse as a mechanism for, or moment of, jurisgenerative praxis for LGBTQ people choosing same-sex marriage.

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