Lessons from Canada: How the U.S. Gay Rights Movement Can Learn From Its Northern Neighbour

When I came out of the closet in 1997 in Montreal, Canada, it never really occurred to me that same-sex couples would ever be given the right to marry. In fact, at 18 years of age, naïve, and Canadian, the issue never really passed through my mind. Like so many other things in Canada, multiculturalism, a state-funded television and radio station, and socialized medicine – same-sex marriage would probably happen, one day, naturally, in a softy Canadian way. Those liberal-minded politicians sitting in Ottawa, Canada’s capital, would eventually see the light, put forward a piece of legislation, and lo and behold, equal marriage rights would wash across the nation in a wave of liberty.

But things did not quite happen that way.

Fast forward eight years to July 20, 2005, and the Parliament of Canada finally passed the Civil Marriage Act, the law allowing same-sex couples to marry. Bruised, battered and politically exhausted, equal rights activists could finally take a breath of fresh air and bask in victory.

Of course, that short telling of the story does not capture the whole picture.

Only after provincial appeal court after provincial appeal court struck down Canada’s discriminatory marriage laws did the “Liberal” Government of Canada finally put forward a piece of legislation that legally recognized the rights of gays and lesbians across Canada to marry. Yes, it only took eight Provinces, comprising 90% of Canada’s population to convince Canada’s supposedly progressive, open-minded government to bring forth equal marriage legislation. And surprise, that government took the credit for being so gay-friendly – only after its hand was forced by the courts.

And then there is the United States.

To me in 1997, young, fresh-faced and gay, the United States seemed like such a happy, peaceful place. Sexy Bill Clinton was president, universal health-care was on its way (thanks to Hillary), the military was “Don’t Ask, Don’t Tell” – but at least they weren’t outright discriminating, right? Right? In my simplistic, politically-centre Canadian view, I believed that “times would change” and equal recognition of same-sex unions would naturally occur in the United States.

It never occurred to me that things, in fact, would go in the complete opposite direction: The Defense of Marriage Act, state bans on same-sex marriage, and same-sex debates during presidential campaigns.

Fast forward to 2008, and it seems that the progressive, pioneering spirit of equal rights protected by the United States Constitution wad launched into the Dark Ages.

Looking today at Canada versus the United States in terms of equal same-sex rights begs the question: why was Canada so successful in fighting for equal rights vis-à-vis same-sex marriage when the United States was not? Can equal rights activists in the United States learn something from Canada? What was their secret?

The reality is, Canadian activists turned equal rights into a legal issue and abandoned politics altogether.