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Kevin Orr

Porn and Feminism in Canada

Photo: Body Politic

TORONTO: The conviction of Glad Day Books' Kevin Orr in early March on charges of "possession of obscene material for the purpose of sale" has raised legal precedents for Canadians and social precedents for countries like Australia. It is not just the fact of a conviction in a "gay porn" case, but the reasons given for the conviction that have carried the implications of this case beyond provincial boundaries.

Body Politic reports that charges relating to two magazines The Leathermen and Come Watch were laid on April 21, 1982. The trial in late January established that these magazines depicted scenes of "simulated sexual activity". Provincial Court Judge David Vanek found the publications were "lewd and disgusting" and included "disgusting sexual acts, sodomy in the prescence of a third party, the actual ejaculation of semen and other unspeakably filthy subjects".

Orr, who is neither the owner nor manager of Glad Day, was granted a conditional discharge with two years' probation. His legal costs so far exceed $8000 and it is expected the appeal may cost as much again. A trustee of the Glad Day Defence Fund, Brian Mossop, said: "We have to appeal this decision to defend the gay community's right to read what it wants and to oppose the growing antipornography campaign."

Of the arguments presented by Judge Vanek in his two-hour judgment, three stand out as being of particularly broad significance. Vanke rejected the view that the publications should be tolerated when sold at Glad Day Books because of its identification and therefore self-selecting clientele. The status of Glad Day as a specialty shop was rejected, he said, because: "There is no appropriate characterisation as gay literature. I believe the Canadian community would find them intolerable in any circumstances".

Vanek also investigated the relation. between the criminal law and community standards. The relevant law in this case was Section 158 (gross indecency) of the Criminal Code, which makes sex between men illegal unless performed in private" by no more than two people. Vanek found the Criminal Code was a "good indication" of what the community would tolerate. He went on to say that parliamentary classification of "obscene material" could be used to determine "by inference" what was "the view of public r opinion".

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tempts to reform the law in 1981 were moved by George Petersen. A backbencher. Each one of the Wran Cabinet distanced themselves from it. If either Wran or another minister spoke in favor, the bill would have had a chance of passing -witness the anti-discrimination amendment.

In 1979, in a desperate attempt to odenigrate the popular Liberal, Tim Moore, li:Rex Jackson claimed that Moore had "homosexual tendencies." Labor members thave taken to referring to pro-gay MP's pas "Willy Woofters."

George Petersen has dropped his sup-

Finally, and perhaps of greatest importance, there is the link between the Glad Day case and a recent (February 22) decision, which drew on themes current among some sections of the women's movement. In this judgment on a heterosexual pornographic publication, the judge made the following statement.

"I am not finding sexually explicit material necessarily obscene. However, I find it to be obscene and sex to be unduly exploited when people are dealt with as objects, when their humanity is removed and their soulless bodies are left to be manipulated by the photographer and the writer. In my view the contemporary Canadian community ... does not tolerate the degradation of women."

The Crown Attorney cited this judgement in his recommendation that Orr be given the maximum sentence.

This dovetailing women's movement rhetoric sparked long-time Body Politic columnist, Tim McCaskell, to make the following plea. "Dallas reaches more people with a reactionary message about women than does any piece of pornography. Why should the women's movement focus on porn? Many women will consider it impertinent that people involved in the gay movement especially gay men would suggest how women should deal with the violence that surrounds and oppresses them. Yet we remain silent at our own peril. The women's movement has been one of gay liberation's major supporters for the last 10 years. We must speak out against a strategy that threatens to side some of our best supporters with some of our worst enemies."

The right wing in Canada, the USA and Australia is increasingly adopting the rhetoric of the women's movement (see article this issue on the Phyllis Schlafly visit) in pursuing the same goals they have always held. The Canadian calls issuing from the Glad Day conviction are unlikely to go unheeded.

port for law reform. Fred Miller is keeping up his support very subdued. No Labor MP's have condemned the Club 80 raid. Neville Wran has condoned it by refusing to intervene and repeal the anti-gay laws. The old "conscience vote" nonsense will no longer wash.

I will publicly challenge any NSW MP to answer this letter. Until that happens, it is obvious that the NSW ALP

is about as pro-gay as Fred Nile. By continuing to claim otherwise, Campaign reveals alarming ignorance, and a stunning inability to face political facts. John Moulis ACT

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