The author critiques the uneven application of the sex equality test for pornographic harm advocated by many of the interveners in Little Sisters Book and Art Emporium. Contesting the interrelated claims that (1) homosexual pornography does not result in the perpetuation of the same kinds of harms documented in relation to heterosexual pornography; and (2) homosexual pornography is central to gay male identity and liberation, the author argues that the differential treatment of hetero- and homosexual pornography is not only legally untenable, but also dangerous given the high incidence of domestic violence and rape within the gay male community. Arguing in support of the Supreme Court of Canada's decision in Little Sisters, the author contends that insufficient attention has been paid to the specific content of the gay male pornographic materials at issue in this litigation. In particular, he argues that both hetero- and homosexual pornography depend on similar sexist gender hierarchies, reify a conception of normalized sexuality valorizing violence, degradation, and non-mutuality, and, therefore, can be understood to encourage harmful sexual practices in those who consume these materials. In forwarding this argument, the author engages in an extensive description and critical analysis of the gay male pornographic exhibits at issue in the Little Sisters litigation and demonstrates that these materials operate according to a sexual logic comparable to that observed and denounced in respect of heterosexual pornography.
