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Bell 8 Howell Information and Leaning 300 North Zeeb Road, Ann Arbor, MI 48106-1346 USA 800-521-0600 "WE ARE FAMILY'?": THE STRUGGLE FOR SAME-SEX SPOUSAL RECOGNITION IN ONTARIO AND THE CONUNDRUM OF "FAMILY" lMichelIe Kelly Owen A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of Sociology and Equity Studies in Education Ontario Institute for Studies in Education of the University of Toronto Copyright by Michelle Kelly Owen 1999 National Library Bibliothiique nationale l*B of Canada du Canada Acquisitions and Acquisitions et Bibliographic Services sewices bibliographiques 395 Wellington Street 395. nre Wellington ottawaON KlAON4 Ottawa ON KIA ON4 Canada Canada The author has granted a non- L'auteur a accorde me licence oon exclusive licence dowing the exclusive pennettant a la National Library of Canada to Bibliotheque nationale du Canada de reproduce, loan, distribute or sell reproduire, prGter, distribuer ou copies of this thesis in microform, vendre des copies de cette these sous paper or electronic formats. la forme de microfiche/fih, de reproduction sur papier ou sur format electronique. The author retains ownership of the L'auteur conserve la propriete du copyright in this thesis. Neither the droit d'auteur qui protege cette these. thesis nor substantial extracts fkom it Ni la these ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent &re imprimes reproduced without the author's ou autrement reproduits sans son permission. autorisation. "We Are Family'?": The Struggle for Same-Sex Spousal Recognition in Ontario and the Conundrum of "Family" Doctor of Philosophy. 1999 Michelle KelIy Owen Department of Sociology and Equity Studies in Education Ontario Institute for Studies in Education of the University of Toronto ABSTRACT In this dissertation I ask if it is possible. or indeed desirable. to tisht for same-sex spousal recognition while simultaneously remaining critical of the goals and conception ot' "family" operating in this strug_ele. I investisate this question within the context of Bill 167. the Equal* Rights Srarure Amendment Law, introduced by the governing Ontario New Democratic Party in 1994. to extend the definition of "spouse" to include partners in same-sex relationships. In the aftermath of the defeat of this proposed legislation. the judiciary has stepped in to till the void Ieft by elected politicians. Theoretically. I employ a feminist postmodern framework informed by anti-oppression politics. Methodologically. I incorporate critical autobiographical narrative. and discourse analysis of documentary sources and oral histories collected from queer community activists. In the opening chapters of this thesis I review bodies of thought and theory that have laid the groundwork for the assumptions and beliefs that shape the debate around "t'r~miiy"and same- sex spousal rights taking place in contemporary Ontario. The starting point for this analysis is my own participation in, and re-thinking of, the struggle for same-sex spousaI recognition, as I outline in Chapter One. I continue in Chapter Two to argue that the concept of "experience" is problematic and hence must be deployed in a critical fashion. Neither the descriptisn of different experiences nor deconstructive analyses of how difference is produced constitute the ..- 111 "whole story." Likewise "family" is simultaneously an interpretation and in need of interpretation. This became most apparent in my interrogation of the dominant ideology of "the family" and the organization of families in Chapter Three. Upon highlighting the tension in lesbian writings between a "pro-family" and an "anti-family" stance. I conclude that this binarism is inadequate. Simply deconstmcting "family" or valorizing queer families is restrictive. In the second half of my dissertation 1 turn to look at the poiiticaI and legal manouverin_e around same-sex spousal rights in this province. Chapter Four consists of an examination of the contestation of "family" in the political. rather than the theoretical. realm. in particular a detaiIing of the rise and fall of the ONDP's Bill 167. In Chapter Five I shift the focus to the grassroots lobby efforts for same-sex spousal recognition legislation in Ontario. I explore the perspectives of variously-situated queer community activists in regard to the strugle around Bill 167 in particular. and "family" in general. In the tinal chapter I provide a brief review of the evoIving state of same-sex spousal rights in Ontario and Canada since the defeat of Biii 167. ACKNOWLEDGEMENTS Many wonderful people supported me through this journey, and I am grateful to each and every one of them. Writing this dissertation would have been an infinitely more difficult task without the aftinnation. assistance. and encouragement which I received from friends. "family." and colleagues too numerous to mention. Such relationships are truly a gift. I would particularly like to thank my thesis supervisor. Ruth Roach Pierson. who has been a part of my doctoral education from the beginning. Her input, advice. assistance. and guidance were invaluable. She is a mentor and a friend. I am also gratetirl to the other members of my thesis committee. Kari Dehli and Kathleen Rockhill. for putting a great deal of time and energy into editing my dissertation and offering suggestions. Lastly I wish to acknowledge the contribution of my examiners, Margrit Eichler and Gary Kinsman. who reviewed my work and asked insightful questions. As a student and a teacher my ideas have been constantly challenged. and I am thus indebted to my many teachers and students. The thesis goup to which I belonged while I was writing was another important sire of intellectual growth. Thanks to Holly Baines. Michelle Cohen, Patricia Molloy, and Lauri Sanci for their critical readings. I am also grateful for the opportunities which I had to deveIop my musings by presenting parts of my dissertation at various conferences. And. of course, none of this would have been possible without the oral narratives of queer community activists. I am fortunate that they so generously shared their "experiences" with me. Finally, the scholarships which I received from the Social Sciences and Humanities Research Council of Canada and the Ontario Graduate SchoIarship Program were much appreciated. v The idea for this thesis was sparked by my former lover. Lisa Jeffs. I will never forset the role she played in my life. Karen Barrett, my life partner. was with me during the tatter stages of the writing process. Her kindness and iove and generosity made ail the difference. I look forward to moving ahead with her. embracing and deconstructing our connection. By way of ending and beginning, I would like to quote a passage written thirty years ago by Ursula K. Le Guin in The Left Hand of Darkness. These words have been. and will continue to be, personally/politically inspiring: "when action grows unprofitable. sather information: when information grows unprofitable. sleep. I was not sleepy. yet." TABLE OF CONTENTS ABSTRACT ACKNOWLEDGEMENTS TABLE OF CONTENTS CHAPTER ONE Looking Back: A Critical Re-Thinkinp CHAPTER TWO The Dis/Comforts of Home: "Experience" as a Site of Contestation in Feminisms CHAPTER THREE Family Matters: "Normal to be Queer?" CHAPTER FOUR "We Are Family'?" I: The Political Drama of BiIl 167 CHAPTER FIVE "We Are Familyb?"11: Queer Activism and Bill 167 CHAPTER SIX Looking Forward : In the Aftermath of Bill 167 APPENDIX A Abbreviations APPENDIX B Interviews BIBLIOGRAPHY CHArnER ONE Looking Back: A Critical Re-Thinking Introduction In the summer of 1995 I was searching for a topic for my doctoral dissertation. I had considered a number of topics. all in the areas of feminist and queer theory. social and political thought. postmodern analysis. women's history, and cultural studies. Ar the same time I found out that I had helped to set a federal precedent allowing same-sex couples to collect Unemployment Insurance (U.I.). When I was accepted into the doctoral programme at the Ontario Institute for Studies in Education (OISE) in Toronto, I was living with my former partner in London, Ontario. After I commuted for a term between the two cities. we decidcd to move. According to the rules of U.I. at the time. a partner in an opposite-sex reiationship (whether common-law or Iegafty married) could collect benetits if she or he had to quit a job to relocate when her or his partner obtained ernpioyment in another city. As my partner had to quit her jobs to come with me to Toronto. she applied for U.I. and was subsequently denied benefits. We took our case to a U.I. Commission Appeals Board and the Board of Referees ruled in our favour.