ju s t out ▼ a p ril 1992 ▼ 5
w orld news
Canada takes a stand:
Obscenity defined as what
subordinates or degrades
women
The Supreme Court of Canada in March,
upheld the obscenity provision of the criminal
code, ruling that although the antipomography
law infringes on the freedom of expression, it is
legitimate to suppress materials that harm women.
The unanimous decision-in the case of Butler
vs. Her Majesty the Queen-also redefines ob
scenity based on what subordinates or degrades
women.
“This makes Canada the first place in the
world that says what is obscene is what harms
women, not what offends our values,” said
Catharine A. MacKinnon, a University of Michi
gan law professor who helped write the brief. “In
the United States the obscenity laws are all about
not liking to see naked bodies or homosexual
activity in public. Our laws don’t-consider the
harm to women. But in Canada it will be materials
that subordinate, degrade or dehumanize women
that are obscene.”
The case involved the owner of a Manitoba
shop that sold and rented out hard-core video
tapes and magazines. The owner, Donald Victor
Butler, was prosecuted under laws prohibiting the
manufacture, sale or distribution of obscene ma
terial, possession of obscene material for distribu
tion or sale, or public display of obscene material.
The Canadian criminal law provides that any
publication that has as a “dominant characteris
tic” the “undue exploitation of sex” is obscene.
Offenders are usually fined rather than jailed, and
the law does not cover those who privately pos
sess the material.
Butler challenged the charges on the ground
that the material was protected by the guarantee of
freedom of expression in the Canadian Charter of
Rights and Freedoms, which was passed in 1982
and is similar to the U.S. Constitution.
“This case is the first test of the obscenity laws
under the charter’s provision on freedom of ex
pression” said Kathleen Mahoney, the lawyer
who argued the case for the Women’s Legal
Education and Action Fund. “But the charter also
has a strong equality section. The court said that
while the obscenity law does limit the charter’s
freedom of expression guarantee, it’s justifiable
because this type of expression harms women
personally, harms their right to be equal, affects
their security and changes attitudes toward them
so they become more subject to violence.”
The court said the harm caused by “the prolif
eration of materials which seriously offend the
values fundamental to our society is a substantial
concern which justifies restricting the otherwise
full exercise of freedom of expression.”
Indeed, the court recognized a growing con
cern that the sexual exploitation of women and
children can lead to abject and servile victimiza
tion.
The Oregonian
AUSTRALIA
After receiving nasty letters, the Ulverstone,
Tasmania, City Council retracted a resolution that
stated, “The Council denies it has a duty to the gay
and lesbian constituents in this Municipality.”
A replacement resolution states, “The Council
denies it has a duty to the gay and lesbian constitu
ents in the Municipality any more than it has to
any other member of the community.”
The Tasmanian Gay and Lesbian Rights Group
said, “In a town noted for its virulent homophobia,
victories such as this are important.”
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The Defunct Queer Nation/San Francisco’s
Suburban Homosexual Outreach Project (SHOP)
concept has spread to Melbourne, where QN
members hit Northcote Shopping Plaza, other was a gift from the Los Angeles Gay Men’s
malls and outlying shopping areas. They distrib Chorus, which staged an emotional and success
uted thousands of leaflets while carrying signs ful concert in Budapest during the summer.
reading: “Promote Queemess,” “Hey Kids, Why
•The federal government granted 1 million
Net Be Queer,” and ‘The International Homo forints ($125,000) to the gay movement, most of
sexual Conspiracy-We Recruit.”
which is being used to publish the newspaper
Gayzette MASUK.
•Transvestite Terry Black returned from the
CANADA
West and formed the Homosexual Party, arousing
Police say the Ku Klux Klan paint-bombed an great interest from the media.
antihomophobia billboard in Winnipeg, Manitoba.
•The gay group Homeros Lambda and several
The poster shows one man hugging another members of Parliament authored a gay rights bill
man’s hairy chest above the slogan, “Homophobia and, more shocking, a bill to allow gay and lesbian
is killing us.” and the phone number to the registered partnerships.
Winnipeg Coalition Against Homophobic Vio
•The first gay love story was published. Hibis
lence hotline.
cus Prince chronicles the lives of an aging intel
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lectual and his Gypsy prostitute lover.
A copy of Alyson Publications ’ new “how-to”
•And Hungary’s first jack-off party was held
manual. Gay Sex, was nabbed by Customs en in a resort village on the Danube River.
route to the Halifax, Nova Scotia, newspaper
Gaezette.
IRELAND
This is the same tame book that 18 U.S.
The Gay and Lesbian Equality Network March
printers refused to print because of drawings of 9 called for a boycott of Guinness beer over its
common gay sexual activities.
commercial sponsorship of New York City’s St.
Patrick’s Day Parade.
' ENGLAND
Shirley MacLaine stormed out of the British
ISREAL
Film Awards Jan. 27 and joined gays on the
The Knesset has banned antigay discrimina
sidewalk who were protesting the antigay and tion in the workplace by a 34-5 vote.
anti-persons-with-AIDS editorial stance of The
The law took effect Jan. 3. Discriminators
London Evening Standard, which sponsors the face a fine and up to six months in jail.
awards.
Israeli activists say they will now turn their
“They could do with some support, and I was attention to military discrimination.
very glad I could be there,” MacLaine told report
Other countries with lesbian and gay rights
ers at the swank Savoy Hotel.
laws include France, Denmark, Norway, Sweden,
Earlier, MacLaine greeted “my lesbian friends, the Netherlands, and some states and provinces of
my gay friends, my protesting friends” from the Australia, Canada and the United States.
stage.
MacLaine’s move came after she had learned
NORWAY
Standard owner Lord Rothermere’s wife barred
British lesbian Anna Reeder was granted resi
costume designer Sandy Powell from the win dency to live with her Norwegian lover, Wenche
ners’ party to punish her for criticizing the news Larsen, following a two-year battle.
paper from the stage.
The case was appealed all the way to the
Powell called the newspaper “homophobic Justice Minsitry, which determined a lesbian rela
and AIDSphobic” and spoke of filmmaker Derek tionship is adeqate “family connection” to stay in
Jarman’s decision to turn down an award because Norway.
he has been attacked by the Standard. Jarman is
gay and has AIDS. His newest film is Edward the
RUSSIA
Second.
Andrei Plotnikov, a Moscow gay man, has
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begun an eight-year prison term for allegedly
The Court of Appeal last month upheld con infecting his lover with HIV, a violation of Penal
victions against five gay men found guilty of Code Articled 15.
causing mild bodily harm during consenting
According to the International Gay and Les
sadomasochistic sex, stating that “the question of bian Human Rights Commission, Plotnikov’s
consent was immaterial,” reported Capital Gay. lover knew of the risk and provided a letter stating
More than 20 men were originally charged he did not wish to press charges.
after police confiscated homemade SM videos
from their homes. The men were targeted after
SOUTH AFRICA
ordering commercial tapes from other countries
British Sgxabai, chair of the kwaThemaTown-
by mail.
ship chapter of the Gay and Lesbian Organization
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of Witwatersrand, was murdered late last year by
Demonstrators from the direct-action group a homophobic relative, according to The Weekly
OutRage outed four military heroes last month in Mail.
protest against the military ban on homosexuals,
Sgxabai was attacked with a pitchfork and
reported Capital Gay.
later died of head wounds, the newspaper said.
Later the group laid a wreath at the door to the
There have, however, been no arrests, and
Ministry of Defense to remember lesbian and gay Sgxabai’s family claims he was mugged by a
victims of military harassment.
stranger.
“Four of Britain’s most famous military com
TheWeekly Mail, said“Sgxabai’s death serves
manders have been either homosexual or bi as a critical galvanizing point for gays and lesbi
sexual,” said OutRage’s Nick Cave. “If it’s good ans, who see the constant physical danger of
enough for the top brass, ordinary lesbians and assault as their most pressing issue.”
gays should not be penalized.”
The four alleged queers are General Haig,
SWEDEN
Lord Kitchener, Lord Mountbatten and Field
Members of the Parliamentary commission
Marshall Montgomery.
studying the concept of legal partnerships for gay
couples visited Copenhagen last month to meet
HUNGARY
with married gay and lesbian couples, announc
Last year was “the year of homosexuals’ rise ing afterward they are much more supportive of
to self-consciousness,” according to the daily following Denmark’s unique example.
newspaper Magyar Narancs. Among the news:
“This was a fantastic evening,” said Liberal
•Budapest gays took to the streets for the first MP Barbro Westerholm. “It is completely differ
time to plant a tree outside the city’s AIDS ward. ent after so much discussion to meet human
•World AIDS Day saw gays parade through beings who can explain what partnership has
downtown Budapest waving the rainbow flag and meant for them.”
handing condoms to surprised shopers. The flag
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