Is there any case law supporting the argument that homosexuals are disadvantaged because of their sexual orientation?
Alberta, Canada
The following excerpt is from Vriend v. Alberta, 1994 CanLII 8949 (AB QB):
In Brown v. British Columbia (Minister of Health) (1990), 1990 CanLII 1064 (BC SC), 66 D.L.R. (4th) 444 [42 B.C.L.R. (2d) 294] (S.C.), Coultas J. stated at p. 457: The history of western civilization records that from biblical times to our own, homosexuals have been subjected to discrimination because of their sexual orientation. Similarly, in Haig, Krever J.A. found that homosexuals are disadvantaged. In reaching that conclusion he considered evidence in the form of affidavits, as well as expert opinion evidence from a professor of sociology and anthropology based on empirical evidence that homosexual persons are socially disadvantaged.
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