Tag Archives: law and legislation

Let justice be done, though the world perish. (Fiat justitia et pereat mundus.) — Ferdinand I (1503–1564), Hungarian King of Bohemia and Hungary, Holy Roman Emperor 1558-1564

I took the time to comment on a Facebook thread, the premise of which was, that Western nations should discontinue immigration from the Islamic world. I do not think this course of action is warranted and doubt any government in the Western world would take up such a policy, but what got me thinking was a comment from an individual who believes the difficulties of integrating newcomers in Canadian society, with its official policy of multiculturalism, is divine punishment for what he sees as our having abandoned Christian principles as a society. This belief in divine punishment or retribution or justice is very old and not found solely in Christianity. Though I am no longer a practicing Christian, I admit such thoughts have crossed my mind when I experienced hard times and personal tragedy in my own life. When my four year old Brittany, Juno, succumbed to cancer in 2012, I remember talking to the breeder who sold her to me, asking if there had ever been any incidence of cancer in her dogs at such a young age. She told me no and she was just as shocked and horrified as me by the news. I then asked her “is it something I have done?” “What have I done to deserve this?” The questions were essentially rhetorical, but she answered, saying no, it was not anything I had done and assured me that “God does not hand us a burden He knows we cannot bear.” Continue reading →

“Dignity is not negotiable. Dignity is the honor of the family.” — Vartan Gregorian

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A good friend and hunting buddy of mine, Omer, is an observant Muslim whose family immigrated to Canada from Pakistan. Omer is an educated man as is the rest of his family. He is someone I have known several years and with whom I have enjoyed many in-depth discussions, learning about his faith and the culture in which he grew up before coming to Canada. He tells me that family honour and shame are taken very seriously by some elements of Pakistani society. The phenomenon of honour killing is a reality for these elements of Pakistani society, particularly in the rural and tribal regions. Family honour is taken so seriously in this culture that if a family member (typically a girl or young woman) brings shame on the family the whole family suffers. They become untouchables; they are deemed unfit to associate with and most certainly are not welcome to marry into other families. The only way family honour can be restored in such a case is in killing the family member who brought the shame onto the family. This understanding of family honour is bound up in religion (Islam) and a culture in which men dominate. He certainly does not approve of this behaviour. He recognizes it as a problem that Pakistani society must address. Continue reading →

We can only see a short distance ahead, but we can see plenty there that needs to be done. — Alan Turing (1912-1954)

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While Mika and I were enjoying our two weeks holiday in England last month among the sites we toured was Bletchley Park. This was especially of interest to Mika as he has a degree in computer science and mathematics from Queen’s University. Bletchley Park was the seat of British Intelligence, Government Code and Cypher School (GC&CS or GCCS, later renamed Government Communications Head Quarters GCHQ), during the Second World War where Axis radio transmissions were intercepted and decrypted. Those who worked there in the strictest secrecy and security made an invaluable contribution to the Allied war effort. Of those who worked at Bletchley Park during the Second World War was a mathematician and pioneering computer scientist named Alan Turing. It is held that “Turing’s brilliant ideas in solving codes, and developing computers to assist break them, may have saved more lives of military personnel in the course of the war than any other.” (Turing Biography) He is commemorated at Bletchley Park for his service to his King and country with a sculpture and a copy of the Letter of Apology from the British Government for the injustice he suffered following the war for having been identified as a “known homosexual,” an injustice that ruined his career, reputation, health and led to his suicide. Continue reading →

You don’t have to be straight to be in the military; you just have to be able to shoot straight. — Barry Goldwater (1909-1998)

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The repeal of the Defense of Marriage Act (DOMA) in the United States is great news for gay couples who are employed by the federal government, particularly those who are serving in the US military. Interestingly, the ban on gays serving in the US military was lifted before the repeal of DOMA, and the effort to lift this ban was supported by what you might think was an unlikely advocate: none other than Barry Goldwater (1909-1998). Goldwater was a staunch conservative, an anti-communist politician whose career in federal politics began in 1952 as a Senator for the State of Arizona and presidential candidate for the Republican Party in 1964, continuing until his retirement in 1987. He was forthright and transparent in his thoughts concerning gay rights in US society and gays serving in the US military, and not in the way you may be thinking. Concerning gays serving in the military, he stated, “everyone knows that gays have served honorably in the military since at least the time of Julius Caesar. They’ll still be serving long after we’re all dead and buried. That should not surprise anyone.” He added:

The conservative movement, to which I subscribe, has as one of its basic tenets the belief that government should stay out of people’s private lives. Government governs best when it governs least – and stays out of the impossible task of legislating morality. But legislating someone’s version of morality is exactly what we do by perpetuating discrimination against gays. (Lifting ban on gays in military should be conservative cause)

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The caliphate is the sign of Islamic unity, and the manifestation of the connection between the Islamic peoples, and an Islamic symbol which the Muslims are obligated to think about, and to be concerned with its issue — Imam Hasan al-Banna

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In previous essays I discussed the topic of religion and state in the Western world, notably the role of Christianity, Catholic and Protestant, in the development of Western civilization. For centuries the Catholic Church had authority in temporal affairs and collected taxes in much of Europe. Following the Reformation in the 16th century there were instances where Protestant Churches had authority in temporal affairs. Geneva under the rule of John Calvin (1509-1564), the founder of Calvinism, was governed according to the Ecclesiastical Ordinances which were administered by the Consistory. The Enlightenment in the 18th century introduced new thinking in the natural rights of man and the place of religion in society. Enlightenment thinkers valued religious liberty, but also favoured a strict separation between religion and the state. By the end of the 18th century there were the American and French Revolutions which introduced constitutional law and separation of church and state. In the 19th century the last vestiges of church authority in temporal affairs were swept away with capture of Rome and the Papal States in the drive to unify Italy as a nation. Constitutional guarantees of religious liberty and separation of religion and state make religious pluralism an integral part of Western societies in the present, while Christianity remains the dominant faith, people are free to practice any religion they wish or none at all. How does the history and development of the Islamic world then compare to that of the Western world? Continue reading →

Once again, there will be a chorus screaming “special rights” when the subject of gay bashing being punished as a hate crime arises. But near as anybody can tell, the opportunity to be threatened, humiliated and to live in fear of being beaten to death is the only “special right” our culture bestows on homosexuals. — Diane Carman

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Is gay bashing a hate crime? Does it merit prosecution and punishment as a hate crime? The murder of Matthew Shepard, a 21-year-old student at the University of Wyoming, in 1998 ignited the debate over these questions when it was alleged his assailants, Aaron McKinney and Russell Henderson, targeted him because he was gay. In the course of the court proceedings against Aaron McKinney in November 1999, Prosecutor Calvin Rerucha stated:

The two had led Shepard to believe they were gay. Matthew, believing they wanted to discuss the politics and struggle of the gay movement, followed McKinney and Henderson into their truck. After getting in the truck, Henderson said “McKinney pulled out a gun and told Matthew Shepard to give him his wallet.” McKinney said “Guess what. We’re not gay. And you’re gonna get jacked.” When Matthew refused, McKinney hit him with the gun. With Henderson behind the wheel, they drove more than a mile outside Laramie, as Matthew begged for his life, McKinney struck him while Henderson laughed. “He (McKinney) told me to get a rope out of the truck,” Henderson said. According to Henderson, McKinney allegedly tied Shepard’s beaten body to a wooden split-rail post fence, robbed him of his wallet and patent leather shoes, continued to beat him and then left him to die for over 18 hours bleed profusely in near freezing temperatures “with only the constant Wyoming wind as his companion.” (as cited in Matthew Shepard)

His assailants pistol-whipped him so severely that he suffered fractures to the back of his head and in front of his right ear. He experienced severe brainstem damage, which affected his body’s ability to regulate heart rate, body temperature, and other vital functions. There were also about a dozen minor lacerations around his head, face, and neck. His injuries were too severe for doctors to operate. He never regained consciousness, succumbing to his injuries at 12:53 a.m. on October 12, 1998, at Poudre Valley Hospital in Fort Collins, Colorado.

I remember being horrified when hearing news reports of Matthew Shepard’s murder. Aaron McKinney and Russell Henderson were tried separately on charges of kidnapping and murder, convicted on both counts and handed life sentences for both crimes to be served consecutively. They will die in prison. In the aftermath of their son’s murder, Dennis and Judy Shepard established the Matthew Shepard Foundation. Its stated aim is “… to honour Matthew in a manner that was appropriate to his dreams, beliefs, and aspirations, the Foundation seeks to “Replace Hate with Understanding, Compassion, & Acceptance” through its varied educational, outreach and, advocacy programs and by continuing to tell Matthew’s story.” Also, Judy Shepard joined in the campaign for the inclusion of sexual orientation in hate crimes laws in the United States. It was a tough fight, but she prevailed when, on October 28, 2009, President Obama signed the Matthew Shepard Act into law.

Opposition to the campaign for the inclusion of sexual orientation in hate crimes laws in the United States was tenacious. It came from the ranks of religious and social conservative interests such as James Dobson, founder of Focus on the Family. Dobson holds the belief that homosexuality is either a lifestyle choice or a mental disorder that afflicts a minuscule percentage of the population. Therefore, gay people are not a legitimate minority, and to include sexual orientation in hate crimes laws gives gay people “special rights.” These “special rights,” according to James Dobson, include:

universal acceptance of the gay lifestyle, discrediting of scriptures that condemn homosexuality, muzzling of the clergy and Christian media, granting of special privileges and rights in the law, overturning laws prohibiting pedophilia, indoctrinating children and future generations through public education, and securing all the legal benefits of marriage for any two or more people who claim to have homosexual tendencies.

That James Dobson and like-minded people hold such egregious thoughts and beliefs about homosexuality is disappointing to me personally and not very helpful for gay people from families who subscribe to these beliefs. Still, I find satisfaction that US society is moving forward despite this opposition. Attitudes toward gay people are changing in the United States, with the opinion of the majority favouring acceptance, as polls listed by the American Enterprise Institute in March 2013 indicate. Earlier this month (May 2013), the states of Delaware, Minnesota and Rhode Island enacted legislation that gives same-sex couples the right to marry, joining the states of Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington, plus the District of Columbia that allow same-sex marriage. The Supreme Court of the United States (SCOTUS) is expected to hand down a judgement in June (2013) on the legality of the 1996 Defense of Marriage Act, which defines marriage as a union between a male and a female for federal purposes and California’s Proposition 8, a 2008 voter initiative that narrowly overturned the state’s Supreme Court ruling that granted gays and lesbians the right to marry. It is anyone’s guess as to how the SCOTUS will rule on these cases, but whatever the outcome, the movement toward marriage equality will move forward.

While this is all very encouraging, there was an incident in New York City where a gay couple, Nick Porto and Kevin Atkins, were attacked and beaten in broad daylight on May 5, 2013. The beating took place in plain view of passersby and serves as a sobering reminder there are still elements of US society who think it just fine to harass and assault gay people or people they perceive to be gay. The New York City Police Department is investigating the crime and searching for the assailants and has released surveillance photos of one of the men suspected to have taken part. Whether or not this proves to have been a hate crime is up to the courts to decide, but this incident brings home the reality to gay people that this remains a possibility wherever they choose to live. The fact that this attack took place in broad daylight in the middle of New York City in front of people who stood by and did nothing but photographs and videos of the attack is frightening. Still, I do not think there is any need for panic. I am confident that most people are duly horrified and disgusted with this crime and want to see that justice is served. I hope, also, that the wider heterosexual society will more fully appreciate the fact that gay people still face discrimination and, in extreme cases, outright hatred, which does, sometimes, manifest itself in gay bashing.

Posted by Geoffrey