By Justin Buhr
Introduction
There has been an increased focus on school boards regarding 2SLGBTQ+ inclusion. Board meetings which were once often as conventional as any other business meeting, have become ideological battlegrounds for those attempting to impose their private beliefs upon the public education system. 2SLGBTQ+ students and staff still face opposition to their existence in the public education system despite a robust framework of laws and policies that seek to ensure their rights. There are some materials for educators to address hate such as Canadian Anti-Hate Network’s Confronting And Preventing Hate In Canadian Schools Toolkit which heavily inspired the creation of this resource. But there is also a need for a focused examination of anti-2SLGBTQ+ hate in schools.
The opposition to 2SLGBTQ+ inclusion often repeats many common lines of arguments that have historically been used to restrict human rights and logically result in the elimination of 2SLGBTQ+ existence in public. This opposition comes from a small segment of the population that can have an outsized influence on the effort to uphold 2SLGBTQ+ rights. And while they can be highly organized and coordinated in their efforts, there are many important steps that teachers and school administrators can take to confront and prevent 2SLGBTQ+ hate in schools.
The Problem
Safety and inclusion are essential precursors to learning for children. When students do not feel safe or accepted, they are not given the chance to effectively develop alongside their peers. A 2021 study by Egale that included over 4000 students in Canada found that “Homophobia, biphobia, and transphobia remain rampant in Canadian schools.” Their findings give empirical evidence displaying the issue of anti-2SLGBTQ+ hate in school. Egale concludes that, “62% of 2SLGBTQ respondents feel unsafe at school, compared to 11% of cisgender heterosexual students.” It is clear that Canadian schools are not safe and inclusive spaces for many 2SLGBTQ+ students.
These facts are not novel or new to anyone that has been paying attention to education in Canada. As institutions have begun making progress on inclusion there has been a wave of counter-organizing that has sought to characterize 2SLGBTQ+ rights as something that should be debated. As the inclusion of 2SLGBTQ+ people becomes more popular in society, the pushback from hate-promoting movements has gotten louder. Southern Poverty Law Center aptly describes some aspects of these movements:
“A central theme of anti-LGBTQ organizing and ideology is the opposition to LGBTQ rights, often couched in demonizing rhetoric and grounded in harmful pseudoscience that portrays LGBTQ people as threats to children, society and often public health.” (Emphasis mine)
In the face of this organizing, school boards and other institutions seem to be unprepared as they seek to continue the progress they were making. Their actions have been reactive, allowing individuals to make hateful statements on the public record and generate outrage through social media and news articles. It is evident that many people are not currently equipped to effectively address this movement. They need to have a better understanding of this hate ideology to better confront and prevent it.
The Foundation of 2SLGBTQ+ Rights
Understanding the legal rights against discrimination due to gender and/or sexuality is an important aspect of confronting and preventing anti-2SLGBTQ+ hate. It provides an effective rebuttal to many queerphobic arguments that are part of this hateful ideology. While these arguments are often portrayed as personal beliefs or disagreements, it is important to reframe these discussions around upholding human rights. Generations of activists have fought hard to ensure these rights exist in Canada so that there is institutional power behind the protection of 2SLGBTQ+ individuals.
Canadian Law
While Section 15 of the Canadian Charter of Rights and Freedoms does not explicitly mention sexual orientation, legal precedent has established that discrimination based on sexual orientation violates Section 15 of the Charter. The Canadian Human Rights Act specifically includes sexual orientation, gender identity, and gender expression in its protections. The Supreme Court has also ruled that schools can be held legally responsible for the discriminatory actions of students if they fail “to provide an educational environment that [is] free from discriminatory harassment.” Federal legislation clearly outlines the rights of 2SLGBTQ+ students to access education spaces that recognize their identity and are free from discrimination. Schools have an obligation to uphold these rights and are open to legal liability if they do not ensure that education spaces are free from discrimination.
Local Law
Most provinces have gender and sexuality rights included in their legislation as well. Individual school boards often have policies and procedures that ensure a school is fulfilling their duty to uphold human rights laws. It is important to be aware of the applicable rules and regulations that apply to your local context.
International Law
Outside this national framework, there are international human rights treaties that Canada has signed on to. One particularly important one is the UN Convention on the Rights of the Child (UNCRC). When dealing with anti-2SLGBTQ+ hate in schools, the rights of children need to be centred. The UNCRC mandates that “the best interests of the child shall be a primary consideration” in all actions taken by institutions.
Article 12 declares a child’s right to free expression and to have a voice in any proceedings that affect the child.
Article 13 extends these rights to be able to “seek, receive, and impart” these views freely.
Article 16 outlines a child’s right to privacy as well as protection from attacks on their reputation. 2SLGBTQ+ children deserve to have personal details remain private unless they choose to disclose them.
Article 17 establishes the right of children to access information, especially sources “aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health” and specifically mentions the distribution of children’s books. 2SLGBTQ+ students have a right to access books and resources that reflect their identities.
Articles 28-30 outline the rights of children in accessing education that is “child-centred, child-friendly and empowering.”
Common Queerphobic Arguments
Age Appropriateness of Books
One of the most common entry points of anti-2SLGBTQ+ hate organizing in schools is targeting queer representation in library books under the guise of concerns about their age appropriateness. These restrictions are primarily focused on equating queer representation with sexually explicit material as well as banning books that talk about racism or other inequalities. School boards have been targeted with false allegations that certain books are exposing students to child pornography. Groups hope to gain more public support by trying to reframe the issue around books, as they seek to impose their personal beliefs about sexuality and gender on a whole school board. This is a restriction on a child’s right to access information beneficial to their well-being and health. The end result of these efforts, if they are successful, is to push 2SLGBTQ+ individuals to the margins thereby eliminating their existence from educational materials.
Parental Rights
Anyone that has followed anti-2SLGBTQ+ actions for any amount of time has probably heard efforts by people to claim “parental rights” to control some aspect of the education system. From child labour laws to racial integration, the idea of parental rights has historically been raised in opposition to the expansion of children’s rights. In Canada, the concept of parental rights is not used in the Charter of Rights and Freedoms. In fact, legal precedent from the Supreme Court of Canada established that “There is no basis for this Court to interpret parental wishes as having priority. Ultimately, the best interests of the child are paramount.” Anti-2SLGBTQ+ organizers seek to use the spectre of parental rights to force their worldview upon the education system by restricting the ability of educators to discuss sexuality or gender diversity. This further contributes to the eliminationist goal of removing 2SLGBTQ+ existence from schools and restricts 2SLGBTQ+ individuals’ right to freedom of expression.
Deceiving and Misleading Parents
Accusations of educators misleading and hiding things from parents are common talking points from anti-2SLGBTQ+ organizers. Since efforts to completely remove any discussion about gender or sexuality from that classroom have primarily failed so far, many are demanding that schools notify parents anytime these subjects come up. When parents don’t find out about these ahead of time, they accuse schools of intentional deceit. This tactic is another attempt to frame any conversation about gender or sexuality as unsafe and not appropriate for children, further stigmatizing the existence of 2SLGBTQ+ people.
Another aspect of this tactic is the outcry about school board policies that respect the privacy of students by not outing them to their families. These policies are often in place for school boards to fulfil their human rights obligations. In any situation, the well-being of the child is paramount and their right to privacy must be respected. Violating these rights could directly threaten the safety of 2SLGBTQ+ students depending on their family situation.
Accusations of Pedophile/Child Abuse/Grooming
Accusations of grooming, pedophilia, and child abuse have been used historically against various minority groups as a means of discrimination and oppression. These accusations were often based on harmful stereotypes that portrayed marginalized groups as dangerous and were used to justify discrimination, harassment, and violence against them. These types of accusations are now being used against educators in the school system to argue against 2SLGBTQ+ inclusive education or policies, claiming that they are a threat to the safety of children. These accusations are baseless attempts to spread fear and prejudice. In fact, 2SLGBTQ+ individuals are at a higher risk of experiencing sexual violence. While these organizers may claim they care about the safety of children, their efforts directly threaten the safety of students.
These tactics are also being used against performers at drag shows, especially shows at public libraries. Locations across the country have seen hateful individuals show up to protest with signs accusing the drag performers of pedophilia and grooming. Whether these accusations are levelled against education workers or drag performers, they serve to further demonize 2SLGBTQ+ individuals and their allies. This tactic lowers the barrier of justifiable violence against them and is one of the most serious threats to the safety of 2SLGBTQ+ individuals.
Ideological Indoctrination
One of the foundational tactics used by anti-2SLGBTQ+ organizers is to portray their arguments as targeting ideologies rather than people thereby justifying their attacks and masking their hate. This reframing dehumanizes 2SLGBTQ+ people, reducing their existence to a topic to be debated. One common term used is “gender ideology” a term originating from the Catholic Church’s efforts to combat the UN’s effort to recognize gender and sexual rights. Anti-2SLGBTQ organizers use this argument to deny the existence of transgender and other gender-diverse people altogether. “Transgenderism” is another term that has become more commonplace and particularly targets transgender people. In March 2023, Daily Wire host Michael Knowles said that “transgenderism must be eradicated from public life entirely.” Knowles tried to defend his statement by further arguing that transgender people are “not a legitimate category of being.” This is a concerning escalation in violent rhetoric from anti-2SLGBTQ+ organizers. By pretending to focus on ideology, hateful individuals are trying to conceal their calls for the elimination of 2SLGBTQ+ individuals.
Where These Arguments Lead
These arguments and the motives behind them make it clear that 2SLGBTQ+ individuals are facing a concerted effort to eliminate their existence. The most accurate way to characterize the cumulative effect of an effort to eliminate a group of people is attempted genocide. The Lemkin Institute for Genocide has specifically called out the targeting of transgender people, categorizing these arguments as “genocidal logic” and drawing connections to similarities with other genocides such as the Rwandan Genocide, Residential Schools, and the Holocaust. It is important for people to understand the genocidal implication of the arguments used by anti-2SLGBTQ+ organizers because the goal of these arguments is often to minimize the violence they are trying to enact.
Connections to Other Hateful Ideologies
On top of the historical connections of this movement to hate, there is a strong present connection between anti-2SLGBTQ+ hate and other hateful ideologies. This is not particularly unique as most hate movements are often syncretic; combining ideas and concepts together from other ideologies. As a result, many Christian nationalist, white supremacist, neo-nazi, conspiracy theorist, and antisemitic individuals and groups are directly involved in this movement. It is important to understand how these various ideas intersect in order to address some of the more specific approaches that anti-2SLGBTQ+ organizers use to spread their hate. There is also the risk of extremists using anti-2SLGBTQ+ events to recruit people into groups that have a history of conducting violent attacks on the people they target. Canadian Anti-Hate Network has excellent resources and up-to-date coverage of many of these groups and individuals.
Taking Action
In Canada, there is strong support for 2SLGBTQ+ inclusion with a small segment of the population fighting it. The strength of this hate movement is not based on numbers. Their goal is to disrupt and agitate enough to force their unpopular ideas upon everyone. By taking action against anti-2SLGBTQ+ hate, everyone can play a role in creating a more inclusive and safe educational environment.
When encountering the dissemination of hateful ideas, it is important to counter the ideas in the moment, especially in environments where there may be targeted by the hate. It is also important to ensure this is done in a way that doesn’t further drive the individual into isolation which can increase the chance of radicalization. This is especially key when children are repeating ideas they have heard but may not fully understand the implications of. Focus on combatting the ideas and educating the individual, while prioritizing the safety of everyone present. Being familiar with the ideas in this document will aid in accomplishing this.
Best Practices
- Ensure you are proactively creating a 2SLGBTQ+ inclusive environment. Make it clear that anti-2SLGBTQ+ remarks are unacceptable before there is a chance for them to be expressed.
- Ensure the school enforces a zero-tolerance policy on hate. This includes students, staff, and anyone else that may be in the building.
- Support and acknowledge teachers who are actively advancing 2SLGBTQ+ inclusion in your school.
- Ensure specific policies are in place to protect 2SLGBTQ+ students and staff.
- Document instances of anti-2SLGBTQ+ hate and ensure school administration is aware of it.
- Rely on a human rights-based framework to address complaints from parents. Lean on existing policies and laws to justify your actions while ensuring people understand that you fully support these policies.
- Seek support when you need it. School administration, the school board, and community organizations are all great resources to collaboratively address issues.
- Partner with community organizations to address instances of anti-2SLGBTQ+ hate outside the school when necessary.
Educators must take an active role in confronting anti-2SLGBTQ+ hate within schools and communities. Every student has a right to a life where their identity is fully accepted and empowered. Schools play an essential role in accomplishing this and every person can be a part of building a future where this idea becomes a reality.
References
Buhr, J. Confronting hate guide: Connections to other hateful ideologies. Accessed at: https://sites.google.com/view/confrontinghate/other-ideologies?authuser=0
Canadian Anti-Hate Network. Canadian anti-hate toolkit. Accessed at: https://www.antihate.school/introduction_toolkit
Canadian Anti-Hate Network. Confronting hate in Canadian schools. Accessed at: https://www.antihate.school/
CanLII (2022). Citation: VW v AT, 2022 ABCA 261. Accessed at: https://www.canlii.org/en/ab/abca/doc/2022/2022abca261/2022abca261.html?searchUrlHash=AAAAAQARInBhcmVudHMnIHJpZ2h0cyIAAAAAAQ&resultIndex=10
Citations Needed (2023). How the “parental rights” rallying cry has been a rightwing stalking course for over 100 years. Accessed at: https://citationsneeded.libsyn.com/ep-176-how-the-parental-rights-rallying-cry-has-been-a-rightwing-stalking-horse-for-over-100-years
Global News (Feb 22, 2023). No, books in Chilliwack school libraries aren’t child pornography, RCMP says. Accessed at: https://globalnews.ca/news/9505240/chilliwack-school-books-not-child-pornography/
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Egale (2021). Still in every class in every school. Accessed at: https://egale.ca/awareness/still-in-every-class/
Ipsos (2021). LGBT+ Pride 2021 Global Survey points to increasingly positive attitudes in Canada toward LGBT+ individuals. Accessed at: https://www.ipsos.com/en-ca/news-polls/global-survey-points-to-increasingly-positive-attitudes-in-canada-toward-lgbt-individuals
Lemon Institute for Genocide Prevention (2022). Statement on the genocidal nature of the gender critical movement’s ideology and practice. Accessed at: https://www.lemkininstitute.com/statements-new-page/statement-on-the-genocidal-nature-of-the-gender-critical-movement%E2%80%99s-ideology-and-practice
Smith, P. (2023). Neo-Nazi group joins anti-@SLGBTQ+ protest outside library. Canadian Anti-Hate Network. Accessed at: https://www.antihate.ca/neo_nazi_white_lives_matter_anti_lgbtq_protest_library
Southern Poverty Law Center. Anti-LGBTQ. Accessed at: https://www.splcenter.org/fighting-hate/extremist-files/ideology/anti-lgbtq
Statistics Canada (2020). Sexual minority people almost three times more likely to experience violent victimization than heterosexual people. Accessed at: https://www150.statcan.gc.ca/n1/daily-quotidien/200909/dq200909a-eng.htm
Supreme Court of Canada. Board of School Trustees of School District No. 44 (North Vancouver) v. Azmi Jubran, et al. Accessed at: https://www.scc-csc.ca/case-dossier/info/sum-som-eng.aspx?cas=30964
United Nations Human Rights Commission. Convention on the Rights of the Child. Accessed at: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
Wade, P. & Reis, P. (2023). CPAC speaker calls for eradication of ‘transgenderism’ — and somehow claims he’s not calling for elimination of transgender people. Rolling Stone. Accessed at: https://www.rollingstone.com/politics/politics-news/cpac-speaker-transgender-people-eradicated-1234690924/
Wikipedia. Anti-gender movement. Accessed at: https://en.wikipedia.org/wiki/Anti-gender_movement
Justin Buhr writes from the Haldimand Tract which is stolen land that was promised to Six Nations and used by the Haudenosaunee, Anishinaabe, and Chonnonton People. He has a Bachelor of Theology from Heritage College & Seminary and is currently pursuing a Bachelor of Education at the University of Western Ontario. Having written for the Canadian Anti-Hate Network, he is particularly focused on how hateful ideology evolves and spreads in Canada. You can find him on Twitter @Justin_Buhr