Nunavummiut must protect gay rights

It’s time for the people of Nunavut to confront a reality that the people of Canada, all other provinces, and the people of many other nation states have faced and acknowledged for many years now.

That’s the reality presented by gay and lesbian people who live among us – and their own brave assertions of their wish to live and love in a condition of dignity and equality. Two unrelated processes have put these issues on Nunavut’s public agenda.

One is the introduction of Nunavut’s human rights bill, which would prohibit discrimination on the basis of sexual orientation.

The second is an attempt by the federal government to respond to recent court cases that have opened the door to the legal recognition of same-sex conjugal relationships, whether marriage or other legal relationships, such as registered partnerships or civil unions.

The first process, the listing of sexual orientation as a legal ground for discrimination in Nunavut’s human rights law, is the simplest issue and by now ought to be beyond debate in Nunavut.

Some people ask whether a majority of people in Nunavut would support this. But that’s an irrelevant question.

Human rights, by their very definition, are inherent limitations placed not only on the power of the state, but also on all the other collectivities that make up a society. While governments may acknowledge the existence of human rights and set up legal structures that individual citizens may use to uphold them, governments do not “create” rights. Basic human rights are inherent in all of us at birth.

So if a human right exists, it exists even if the majority refuses to admit it. The very purpose of a human rights law is to protect individuals and minorities from having their rights suppressed or ignored by arrogant majorities. It’s a way of using the rule of law to protect the weak against the arbitrary whims of the strong.

That’s why it doesn’t matter whether a majority of Nunavummiut support the recognition of human rights, including the right of gay and lesbian people to be free from discrimination.

And if it’s indeed true that a majority of Nunavummiut are opposed to the idea of protecting gays and lesbians from discrimination, the passage of Nunavut’s human rights bill should be made an even more urgent priority. It’s certainly no reason to reject it.

Furthermore, if any MLA votes against the human rights bill simply because it reflects the will of their constituents, then they’ll simply be demonstrating that they don’t understand the nature of human rights in the first place.

As for the issue of same-sex conjugal unions, there are several options that the federal government may choose from. Members of the House of Commons standing committee on justice and human rights have been touring the country seeking views on how Parliament should legalize same-sex unions. The choice seems to between all-out legalization of same-sex marriage and the creation of a new law that would legalize same-sex relationships through either civil unions or domestic partnerships.

Right now, the Netherlands is the only Western country to allow same-sex marriage. But many countries allow the civil registration of same-sex relationships, a status that generally gives same-sex partners the same legal rights enjoyed by conventional married couples.

Many gays and lesbians, however, want more than what’s offered by civil unions. They say that only marriage can make their relationships equal to those of married opposite-sex couples, and would extend to them the right to fully participate in society.

The creation of a civil union law is likely the very least that Parliament must do, even if MPs stop short of recognizing full-blown same-sex marriage. If so, Nunavut’s justice system will have to start recognizing legalized same-sex unions.

We have heard from those who say that homosexuality violates Inuit culture, and we have heard from those who say that homosexuality violates Christian principles. We have also heard from those who say that Inuit culture and Christianity are one and the same thing.

These opinions are all irrelevant. Culture is about what people do now, not what they imagine their ancestors did back in the uncertain mists of time. There are gay and lesbian Inuit living in many places. That means that homosexuality is part of Inuit culture, just as it is now part of all other cultures. It’s also worth noting that elderly Inuit are often more tolerant and accepting of same-sex relationships than younger people.

As for the numerous objections made by religious spokespersons, such people should be reminded that we live in a secular society, not a theocracy.

Religion is a private matter. We are free to believe, or not believe, whatever we wish.

Members of every religious faith also have the right to express their views, and to profess and proselytize their faith. If their faith leads them to believe that homosexuality is morally wrong, they have the right to say and believe that too.

But no religious organization in Canada has the right to dictate government policy, or to limit the application of human rights law. JB