Damages
So declaring a particular month “Pride” month is now mandatory, and refusal is a human rights violation? Really?
The Ontario Human Rights Tribunal has found the township of Emo will have to pay damages after refusing to proclaim Pride Month back in 2020.
I do love it that the township is Emo. No YOU are.
Borderland Pride requested Emo to declare June as Pride Month and display a rainbow flag for one week but the township refused, resulting in a years-long process in which the tribunal ruled against the township. The tribunal ruled Borderland Pride will be awarded $15,000, with $10,000 coming from the township itself and the other $5,000 coming from Emo mayor Harold McQuaker.
Another apt name. Could they find anyone named McHedonist to balance things out?
But anyway. I’m not seeing it. Emo should support and defend LGB rights by all means, but should it be required by the government to declare a “Pride Month” for one small segment of the population? There’s no “Pride Month” for women you know. Should governments be requiring Pride Month for Catholics, Mormon, Baptists? Buddhists, Quakers, Jehovah’s Witnesses? You can see where this is going: there aren’t enough months. More broadly, it’s just not obvious or clear that naming months after something to promote it or defend it or celebrate it should be mandatory for reasons to do with human rights. It’s not clear at all, in fact it’s quite foggy.
Doug Judson is a lawyer in Fort Frances and one of the directors on the board of Borderland Pride, and said they’re elated to have finally brought it to a close and is a significant victory for the organization.
“We didn’t pursue this because of the money. We pursued this because we were treated in a discriminatory fashion by a municipal government, and municipalities have obligations under the Ontario Human Rights Code not to discriminate in the provision of a service,” said Judson.
But discriminatory how? Does Emo have a Straight Month? If it does then I might agree with Judson, but I’m pretty confident it doesn’t, on account of how 1. that’s not a thing and 2. it would be asking for trouble. Assuming there is no Straight Month, how exactly is it discriminatory to turn down the opportunity to have a Pride one? It may be churlish, but discriminatory? I call that language-creep.
“The tribunal’s decision affirms that. That is the important thing we were seeking here was validation that as 2SLGBTQA plus people, we’re entitled to treatment without discrimination when we try to seek services from our local government.”
But naming a month isn’t a service. It isn’t among the services local governments provide. It’s also not discrimination not to provide it; see above. Naming a month is something else – a display of solidarity or a display of virtue or a bit of both.
Judson said one of the messages it sends to other townships and municipalities is that Pride needs to be in the smallest and most remote communities just as it is in larger cities, and in some of the places “where it can be really hard to help people understand why it’s so important”
“I hope that it emboldens and strengthens people in communities like Emo and other places like that across Ontario to know that they have entitlements from their government,” said Judson.
But this is all symbols. It’s just wrapping paper. It’s a display of CorrectThink. It’s advertising, it’s public relations. There’s a place for that kind of thing, certainly, but that doesn’t make it an “entitlement from their government.” Pride months and weeks and days and years are very old news at this point, and kind of stale. We have more urgent things to quarrel over.
Yes, that’s what it means when you make a request. From now on everyone really ought to be honest and use the word “demand.” The optics of that aren’t so warm and fuzzy though.
It would have been interesting to see what would have happened if Emo had complied by flying the gay rights flag, the simple rainbow. Probably the same thing, just without the cover.
It seems that they equate non-acknowledgement of Pride Month with opposition to “2SLGBTQA plus people”, which is quite odd, not the least because Pride Month is an arbitrary ritual which “2SLGBTQA plus people” are not intrinsically connected to.
Or so you’d think. But hey, if there are innate pink and blue brains, why wouldn’t there be innate Pride celebrations?
The issue in the Emo case is that citizens are allowed to petition for recognition for days/weeks/months, and the public body must be fair and consistent in which ones it chooses to accept. That recognition is a service. Other organizations have had that request granted, so the burden of proof falls on the municipality to establish the reasoning and its consistency with other decisions. If they accept virtually any other request except for ‘the gays’, they have a problem. Some municipalities are considering refusing to fly any requested flags for precisely this reason. But in the Emo case, the transcript of the meeting spoke for itself. They recognized the need for a consistent policy particularly on flags, hadn’t done one yet, but decided this was the one organization they were going to say ‘No’ to.
The truly stupid thing is they didn’t even have a flagpole.
What is recognition for days/weeks/months? What form does it take, how is it expressed? What other organizations have had that request granted? What form did the granting take? Is it all flags?
Not having a flag pole is the stupid thing? Is it not much easier to be inclusive when you don’t have a flagpole because then there is no limit on the number of flags you can not fly simultaneously?