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Archive for February 10th, 2011

On Monday, I wrote about the Bill C-389 that was voted on in the House of Commons yesterday. I am happy to report that the Bill passed the house (Yeas: 143; Nays 135). The transcript of Monday’s debate can be read in full here.

As it was with the last debate, the MPs focused on the definition of the terms “gender identity” and “gender expression,” questions about whether this discrimination is already covered, and some MPs dispelled myths about the proposed changes. The Bill is not yet Canadian law, it still has to pass the Senate. Dented Blue Mercedes has an excellent summary of this reading and passing of Bill C-389.

Of course, there are still opponents of the Bill. The Toronto Sun has an article by Brian Lilly, in which he claims that the Bill opposes equality. I want to offer some brief comments on what I believe are some mischaracterizations in Lilly’s argument. Lilly writes:

The idea is to give greater protection to transgendered and transsexual citizens.

Whatever happened to the idea that all are equal before the law?

A true equality, one in the best Canadian tradition, would simply state that all people are created equal and should be treated equally before the law.

It would do away with all those special privileges and would re-establish a unique standard for all Canadians.

Somehow, this is a radical idea these days.

Lilly worries that the bill gives “special rights” to certain groups on the basis of their group identity. According to Lilly, it would be more equal to simply say that all are equal before the law, and leave it at that. Identifying certain groups as ones that cannot be discriminated against is problematic, according to Lilly, because this creates “special” groups who have “special” rights that others do not have.

I think Lilly’s analysis is mistaken for at least two reasons. First, he confuses distinctions between kinds of discrimination and distinctions between kinds of persons. Second, he fails to note that the relevant distinction is between legitimate and illegitimate forms of discrimination, and that once this distinction is made it applies equally to all Canadians.

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