A Question Of Strangeness

This paper examines leading Canadian decisions in the areas of obscenity and indecency law and freedom of religion to demonstrate that the strangeness of a practice will be a major factor in determining the harm associated with it. Since “strangeness” in sexual deviance cases turn on the perceived objectification and subjugation of women and minority religion cases turn on communal behaviours, these strands intersect in the debate over polygamy. The impact that these skewed perceptions will have on findings of harm in the polygamy context is examined, as are how the benefits of the legislation may be overstated. Finally, the effects of “othering” are addressed for the practice of polyamory, a relationship structure that lacks harm but may nevertheless be equally prohibited.MAS