An Alberta court recently ruled in the case of a Calgary man, Matthew Mills, who ran a private club out of his home for people who identify as non-monogamous. Mills was charged for a zoning violation — he was accused of operating an unsanctioned “social organization” in a residential area. Mills claimed that the charges against him infringed on his right to define his identity in his own way.
This is because, as he told the court, he is “involved in ethical non-monogamy as a core aspect of his lifestyle” and that he “considers his views and preferences in this regard to be part of his sexual orientation.” The court decided that Mills could continue hosting the event, but could not continue to brand it as a club. The judge said “personal sexual expression, in all its many-splendored forms, is a fundamental aspect of human life, experience and fulfillment.
Legislative or other state restrictions targeting legal, consensual, private sexual activity will attract close Charter scrutiny.” The court did not go as far as Mills wanted it to. It declined to recognize polyamory as a protected category under the Charter.
However, in the near future, the courts may not be so hesitant. Nor should they be. As this case shows, sexual identity is central to people’s conceptions of themselves.
It is just as important as traditional sources of identity such as religion — and it deserves the same level of protection. Sexual identity is not only a matter of our sexual orient.