Cabining Freedom: A Comparative Study of Lesbian and Gay Rights in the United States and Canada

Authors

• Credence Fogo, Oregon Court of Appeals

Abstract

The article examines the divergent approaches of Canada and the United States in addressing gay and lesbian equality, highlighting how their differing legal frameworks and cultural values shape the protection of rights. While Canada, under the Canadian Charter of Rights and Freedoms and its Section 1 balancing test, has expanded relationship rights for sexual minorities, the U.S. has taken a more fragmented approach, emphasizing individual liberties over social rights. The analysis underscores the tension between Canada's communitarianism and the U.S.'s individualistic legal culture in advancing LGBTQ+ rights.

Disciplines

Comparative and Foreign Law | Law | Sexuality and the Law

Recommended Citation

Credence Fogo, Cabining Freedom: A Comparative Study of Lesbian and Gay Rights in the United States and Canada, 6 Cardozo J. Int'l & Comp. L. 425 (1998).
Available at: https://larc.cardozo.yu.edu/cjicl/vol6/iss2/4