LGBT Rights: Canada vs. the US

Since I moved to Canada, I've often wondered about differences between the US and Canada's laws when it comes to protecting their LGBT populations but never really researched the topic in depth. On the surface, it's amazing to me that even though the countries appear to be so similar in numerous ways, same-sex marriage has been recognized in Canada at a federal level since 2005 (at a provincial level in 8 out of 10 provinces and 1 out of 3 territories since 2003), whereas in the United States, I don't feel as though the federal government is anywhere near passing this sort of legislation (we couldn't even get the Equal Rights Amendment passed for heaven's sake). Currently in the US, same-sex marriages are legally recognized in 5 states and D.C. (ironic, eh?); however, these marriages aren't in any way, shape or form recognized by the US federal government. Additionally, the Defense of Marriage Act (DOMA), a federal law passed in the US in 1996, legislates that no state is required to recognize a same-sex marriage that may be recognized as a same-sex marriage in another state and explicitly defines marriage as a union of one man and one woman under federal law.

The differences between the federal laws and policies in the US and Canada related to LGBT rights go far beyond legislation surrounding the recognition same-sex marriage. The following are a few more comparisons of federal laws and policies (not state laws) related to LGBT rights (or lack thereof) in Canada and the United States:

Right #1: Allowing homosexuals to openly serve in the military

US: Restricted under Don't Ask, Don't Tell, a policy restricting efforts to discover or reveal closeted gay service members, while barring those who are openly gay, lesbian, or bisexual from military service. This policy is currently under review for elimination (thank GOD).

Canada: Legal since 1992

Right #2: Allowing same-sex sexual activity

US: Legal since 2003

Canada: Legal since 1969

Right #3: Allowing same-sex couples to adopt

US: None for couples at the federal level, although single gay persons may adopt.

Canada: There is no federal or provincial law preventing same-sex couples to adopt.

Right #4: Recognition of same-sex unions

US: Not recognized by the federal government.

Canada: Recognized by the federal government.

Right #5: Recognition of same-sex marriages

US: None at the federal level.

Canada: In 2005, Canada became the 4th country in the world to legalize same-sex marriages nationwide.

Right #6: Protection against discrimination on the basis of sexual-orientation

US: None at the federal level; however, the Matthew Shepard and James Byrd, Jr. Hate Crimes Protection Act, signed into law by President Barack Obama in October of last year, provides penalties for hate crimes motivated by perceived sexual orientation under federal law.

Canada: Bans all anti-gay discrimination at the federal level, including hate speech.

I should mention that I am by no means an expert on this topic and am starting to get overwhelmed by its complexity as I write this, but in honor of National Coming Out Day and as a supporter of legislative protection (at both state/provincial and federal levels) and equal rights of LGBT persons worldwide, I would just like to point out how polarized the laws are (especially at the federal level) pertaining to LGBT rights between countries with such supposedly-similar cultures. This is not to say there is no room for improvement of the treatment of the LGBT population in Canada, nor am I saying was there no struggle involved in obtaining these rights in Canada, nor am I ignoring the progress and efforts that have been made in the US to improve and protect the treatment of its LGBT population (efforts of which I once took part myself). Nonetheless, I think some sort of awareness should be made and some sort of explicative be used when looking at the vast difference between the way each country protects (or doesn't protect) the civil liberties of its people, no matter their sexual preference or gender identity.