Dalhousie Law Journal


equality, sexual minorities, Canada, India, rights, justice, same-sex, gay, lesbian, comparative law, discrimination, oppression


Using a comparative analysis of the equality movements of sexual minorities in Canada and India the author identifies a symbiosis between the subversive benefits of a deconstructionist approach to equality and the practical achievements to be gained by a rights-based model of social justice. The analysis is conducted through an examination of the role that the expression of same-sex desire plays in the legal and social positions of sexual minorities in Canada and India The author argues that the acquisition of rights can provide sexual minorities with greater access to dominant cultural rituals and that such access provides opportunities to directly engage and challenge those dominant norms underlying sexual minority oppression.