What Does Being Gay Have to Do with It? A Feminist Analysis of the Jubran Case.

Azmi Jubran was subjected to homophobic harassment throughout his high school experience. In 1996, he filed a human rights complaint against the Vancouver School Board alleging discrimination on the grounds of sexual orientation. His case was the first in Canada to deal with the issue of school responsibility for peer-to-peer harassment. It also makes a significant contribution to the jurisprudence in the realm of sexual orientation harassment and discrimination. This is because Jubran did not identify as homosexual. Using a critical feminist analysis, this paper analyses the decisions and opinions of the British Columbia Human Rights Tribunal, Superior Court, and Court of Appeal regarding the relevance of sexual orientation identity and the recognition of harm in the case. Drucilla Cornell's concept of sexual shame, Gail Mason's linking of sexuality harassment to visibility and naming, and Judith Butler's discussion of the power of words to injure are discussed in relation to the case as to whether it would qualify as harassment under these conceptualizations. It is argued that while the precedent carries the possibility of eliminating homophobia in schools, there are significant concerns with the legalistic human rights mechanism that potentially undermine efforts to eliminate oppression and achieve social equality. [ABSTRACT FROM AUTHOR]