This project is a sustained empirical, socio-legal study of the complexities and challenges faced by lesbian, gay, bisexual, transsex/gender, two-spirited, and intersex individuals trained in law or working in the legal profession as they negotiate issues of invisibility, disclosure, and acceptance by employers, colleagues, clients, judges, and communities in shaping their lives and careers.
Since the early 1960s, law and sexuality discourses have revolved around whether people characterized by their sexual orientation/gender identity are entitled to be treated equally and fairly. Lesbian, gay, bisexual, transsex/gender, two-spirit, and intersex persons who are trained in law or serving as lawyers have often played crucial roles in bringing about law reform, litigation, and institutional changes that have eliminated many deeply-entrenched forms of discrimination. In the intensity of these efforts, surprisingly little attention has been paid to how lawyers, judges, teachers, and others trained in law who are themselves characterized by their sexualities or identities have fared in their own lives.
Our study centres on these individuals, asking three basic questions:
- Where are such individuals located in the legal profession, especially those who are characterized by gender, race, Aboriginal heritage, religion, immigration status, disability, or economic class as well as by sexualities and identities?
- What forms of bias do they encounter in legal or employment contexts, and what discursive practices do they use to counter bias and discrimination?
- And what steps would substantively facilitate their integration into all aspects of the legal profession, justice system, and other organization on an equal basis?
Through indepth analysis of the structure, organization, and personnel of post-LLB./J.D. experiences inside and outside of the legal profession, we aim to develop a coherent conceptual framework that will explain and theoretically situate LGBTTTI persons trained in law in their professional and employment formations and in their personal and work lives. Of particular interest will be how the specific dynamics of invisibility and disclosure might produce tension between work and non-work life and affect the overall quality of life.
This study will use both qualitative and quantitative research methods to obtain comprehensive results. Qualitative research will focus on the legal and regulatory framework governing the legal profession and the many steps that have already been taken in recognizing diversity within the profession, and will include individual and group interviews with lawyers, teachers, judges, law firm, and other employers to identify key issues. Quantitative research will be obtained through online surveys to obtain information on as many LGBTTTI individuals with legal training as possible, from all regions of Canada.
This research is the direct outcome of community and professional research carried on by the Canadian Bar Association Sexual Orientation and Gender Identity Conference (SOGIC), which obtained start-up funding to support preliminary research and analysis, and the creation of the SOGIC Survey Advisory Board to provide continuing professional support. The current project is funded by a Social Sciences and Humanities Research Council Standard Research Grant.