Culture Wars: LGBTQ+ Rights

Question 1

The Charter “Two Step”

Answer 1

person must convince the court of the burden of proof and the government must convince the court the violation is justified

Question 2

“Oakes” Test

Answer 2

asks: is it important? Does this law make sense?

Question 3

Charter, S.15

Answer 3

everyone is equal before and under the law. Lists the prohibited grounds of discrimination

Question 4

Is sexual orientation in s.15

Answer 4

No, the drafters could not agree so they left it out

Question 5

Egan v. Canada

Answer 5

sexual orientation an analogous ground and must be protected

Question 6

Analogous

Answer 6

a part of identity that cannot be changed

Question 7

Vriend v. Alberta

Answer 7

rules that the government must outlaw discrimination based on sexual orientation

Question 8

M. v. H.

Answer 8

‘spouse’ must include same-sex couples

Question 9

Bowers v. Hardwick

Answer 9

Court upholds Georgia’s ban on sodomy

Question 10

Lawrence v. Texas

Answer 10

Court overturns Bowers saying it did not consider 14th Amendment

Question 11

14th Amendment

Answer 11

right to liberty and due process

Question 12

Romer V. Evans

Answer 12

bans LGBTQ folks from claiming discrimination. Permits discrimination and motivated by hatred