Intersectionality of Immigration and Gender Identity
Overview
Individually, immigrants and the LGBTQ community often find themselves experiencing hardships in Canada. Through the framework of intersectionality, it is observed that homosexual immigrants encounter more difficulties as a result of the attributes of their gender identity and nationality.
Intersectionality
Kimberlé Crenshaw developed the theoretical framework of intersectionality in 1989 which she described in her published paper titled “Demarginalizing the Intersection of Race and Sex.”[1] The term initially pointed to the racial discrimination and sex discrimination that black women simultaneously encounter, though it encompasses more than that. It describes the way in which social and political identities such as race, class, gender, and other individual characteristics “intersect” with one another to shape a person’s experience with discrimination or privilege.[2] An individual’s advantages and disadvantages may be a result of the combination of these factors.[2]
History of Homosexual Immigration in Canada
1952-1977
From 1952-1977, the Immigration Act prevented homosexuals from any means of entry into Canada.[3] Until 1977, they were categorized with people who were to be kept out of Canada along with prostitutes, pimps, and anyone else coming in for any other “immoral purposes.”[3] In addition to denied immigration, gays and lesbians were not permitted to enter Canada as visitors.[3] Those who were able to enter Canada were subject to deportation if caught engaging in any acts of homosexualism.[3]
1977-1991
The 1952 Immigration Act was refined to repeal the discriminatory measures against homosexuals.[3] Although gays and lesbians were allowed access into the country, Canadian immigration law continued to marginalize homosexuals as they only allowed heterosexuals to sponsor their partners as family class immigrants.[3] As a result, same-sex couples were forced to turn to inconvenient ways to stay in the same country as their partner.[3] Some would stay in the country on student visas while others even opted into arranged “sham” marriages as same-sex marriages were not legal.[3]
1991-2002
The Canadian Charter of Rights and Freedoms sparked constitutional challenges to the marginalization of same-sex couples in Canadian immigration law.[3] In 1991, a lobby group called the Lesbian and Gay Immigration Task Force (“LEGIT”) was formed by Canadians with foreign partners.[3] Members of the group took action in the Federal Court and argued that the rejection of same-sex sponsorship constituted discrimination based on sexual orientation, violating the Charter.[3] In response to being neglected by the Canadian immigration officials, in 1993, the Canadian Human Rights Commission was asked to investigate these claims of discrimination.[3] As a result, the partners of those who challenged the constitution were granted permanent resident status.[3]
The Department of Employment and Immigration began to grant same-sex partners entry into Canada in 1991 as well, under the circumstances of taking “compassionate and humanitarian considerations” into account.[3] Later in 1993, the Minister of Employment and Immigration gave the authority to grant same-sex partner applications on the premise of humanitarian and compassionate grounds.[3] The Department eventually officially recognized the marginalization of homosexual couples in 1994, causing them to further solidify the policy.[3] The new direction of the policy directed immigration officers to assess the sincerity of the relationship of a same-sex couple during the process of applications.[3] This was done on the grounds of practicing humanitarian and compassionate discretion.[3] In 1999, the Immigration Minister finally announced changes to the immigration law and regulations which officially included lesbian and gay partners in the family class provisions.[3]
The IRPA and the IRP Regulations
The IRPA and IRP Regulations accommodate three categories of conjugal relationships including spouses, common-law partners, and conjugal partners.[3] These all take homosexual relationships into consideration, allowing gay and lesbian couples to sponsor their partners and be recognized under family immigration.[3]
Studies
Non-Welcoming Immigrant Settlement Services
A study by Sulaimon Giwa and Ferzana Chaze was conducted in order to determine the performance of Canadian settlement organizations towards LGBTQ immigrants.[4] The authors examined settlement organizations in Ontario and Newfoundland and Labrador as well as several organizations that claimed to be LGBTQ-positive spaces.[4] This study considered factors such as LGBTQ friendly images and specific programming for LGBTQ immigrants.[4] Additionally, they looked at whether or not websites listed inclusion policies specific to LGBTQ immigrants as well as provided links to any LGBTQ community resources.[4]
Results
- Four out of the thirty-three organizations (12%) contained LGBTQ positive imagery or text presented on their websites[4]
- Three out of the thirty-three organizations (9%) explicitly specified services for LGBTQ immigrants[4]
- Two out of the thirty-three organizations (6%) laid out images that openly represented racially diverse LGBTQ immigrants[4]
- Four out of the thirty-three organizations (12%) provided links to resources which may be helpful for LGBTQ immigrants[4]
The nine additional organizations which claimed to be LGBTQ-positive spaces provided supportive services, though some only considered specific to subgroups such as youth or people with intellectual disabilities.[4] These services included counselling, community building, health and well-being programs, networking, and education.[4]
Experiences of LGBTQ Newcomer Youth in Toronto
Munro et al. examined the experiences of LBGTQ immigrant youth living in the Greater Toronto Area through interview questions regarding their everyday lives.[5]
Findings
Homophobia
Many of the newcomer youth described instances of homophobia in various settings such as workplaces, social service organizations, through the refugee/immigration process, in educational institutions, and in their diasporic communities.[5] Although they experienced physical and verbal abuse, the youth often voiced that it was not as bad as what they have experienced in their home countries.[5]
The youth also described systemic homophobia to be persistent throughout the process of obtaining refugee status.[5] They reported having to “prove that they were gay” to the immigration authorities.[5] If they were not successful in convincing them of their sexuality, it would be possible for them to be denied status and deported to their home country.[5] Having to justify their sexuality often made the youth uncomfortable as the suggested evidence of “gayness” is based on stereotypes.[5]
Racism and Xenophobia
Within social service organizations and the immigration/refugee system, the youth explained instances of racism on the basis of stereotypes, preventing them from getting them sufficient help they need.[5] Furthermore, the youth reported racism amongst the LGBTQ community and found those experiences to be alienating.[5]
References
- ↑ Crenshaw, Kimberlé (1989). "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics" (PDF). The University of Chicago Legal Forum: 139–167.
- ↑ 2.0 2.1 Coaston, Jane (May 28, 2019). "The Intersectionality Wars".
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 LaViolette, Nicole (2004). "Coming Out to Canada: The Immigration of Same-Sex Couples Under the Immigration and Refugee Protection Act" (PDF). McGill Law Journal 2004. 49: 969–1003.
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Giwa, Sulaimon; Chase, Ferzana (May 2018). "Positive enough? A content analysis of settlement service organizations' inclusivity of LGBTQ immigrants". JOURNAL OF GAY & LESBIAN SOCIAL SERVICES. 30: 220–243.
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 Munro, Lauren; Travers, Robb; St. John, Alex; Klein, Kate; Hunter, Heather; Brennan, David; Brett, Chavisa (2013). "A bed of roses?: exploring the experiences of LGBT newcomer youth who migrate to Toronto". Ethnicity and Inequalities in Health and Social Care. 6: 137–150.