
Erin Gallagher-Cohoon
In June 1968, a young woman petitioned the Nova Scotia Court for Divorce and Matrimonial Causes for a dissolution of marriage on the grounds of legal cruelty. She had lived with her husband in both Halifax and Western Shore in Lunenburg County for five years before briefly separating in 1965 and then again, this time for good, in 1967. They had one son, and the wife described the first years of their marriage as “normal.” Over time, however, their relationship suffered and he “refused sexual intercourse and said that he did not love her and, finally, he told her that he loved another man. He said ‘I’m queer.’” Revealing of the climate at the time, the term “normal” was used repetitively in the judge’s summary of the wife’s petition and was always inherently heterosexual. In contrast, in similar family law cases, queer sex was often described as “unnatural,” “unusual,” or “abnormal.” This post queers Nova Scotian family law by delving into Countway v. Countway: the earliest reported Canadian divorce case in which a spouse’s queer sexuality was interpreted as legal cruelty.
According to the wife’s account in Countway v. Countway, the couple continued to live together after her husband’s declaration, but their relationship became increasingly strained. According to the wife, he had introduced his lover to their son and would invite his lover and friends over in the evenings while she was at work. Private house parties of this sort were popular queer social spaces in many Canadian cities prior to the development of a gay bar scene. Mrs. Countway convinced her husband to see a psychiatrist, which he did once before refusing to continue the sessions. Crucially, Mr. Countway’s refusal to return can be understood within a longer history of psychiatric pathologization. In 1968, homosexuality was still listed as a mental disorder in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM). It was not until 1973 that queer activists were successful in their fight to have “homosexuality” removed from the DSM (gender diversity, in contrast, continued to be pathologized under a new term).
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