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Lesbians, Gays and the Law

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    "When you write a book about something, you become an expert," says Osgoode Hall Law School graduate Donald Casswell (LLB '76), and author of Lesbians, Gay Men, and Canadian Law (1996).

    Casswell, who teaches law at the University of Victoria, says he wrote the book to fill a need for a comprehensive text on how lesbians and gay men were treated by Canadian law.

    Casswell is "out" himself, and says he's a bit of a rarity among the University of Victoria faculty. He dedicates his book to both his father and his partner, to set a queer-positive tone. "There's a gay-positive bias to the book," says Casswell, who has also co-authored a book on child advocacy.

    Casswell was the founding co-chair of the Lesbian and Gay Rights Section of B.C.'s Bar Association. In addition, he sits on the advisory board of AIDS
Vancouver Island, a loose collection of people who offer advice or help to people with AIDS in the Victoria area.

    "It was difficult bringing the lesbian perspective into the book," says Casswell. "For instance, pornography was an issue. The division is not just gay-straight. There are gender divisions." Casswell brought in the help of his lesbian peers to verify his work. "I've had very helpful criticism from lesbian colleagues."

    While Canadian law is miles ahead of our neighbours to the south when it comes to homosexual rights, Casswell says it is still profoundly heterosexual. "From family law to benefits, the law favours heterosexuals, opposite-sex partners."

    Casswell says the goal for the queer movement should be to fight for laws which will treat lesbians and gay men as equals to heterosexuals. He says that would go a long way to normalizing same-sex relationships. "There's a legitimizing impact to a law. The courts are leading the way, advising legislation to catch up," says Casswell. "It's a time of tremendous legal change for Canada."

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