Peter Smith

What happens when we redefine marriage?

Peter Smith
By Peter Smith

October 10, 2012 (Mercatornet.com) - Back in January I set out David Cameron’s proposals for creating same-sex marriage, which he announced at the British Conservative Party’s annual Conference in October 2011, alongside some arguments against those plans.

A year later, the controversy has moved on. There are now two parallel movements for same-sex marriage in the UK, a result of the devolution of powers to the Scottish Government. A consultation in Scotland ended in December 2011 and its results were snuck out shortly before Olympic fever dominated the Isles.

It is notable how divisive same-sex marriage has been north of Hadrian’s Wall: an ‘unprecedented’ 77,508 responses were received in the ‘largest consultation exercise of its type ever held in Scotland’. Over 33,000 responses were submitted via forms amended by organisations with an interest in the two core proposals of same-sex civil marriage and religious civil partnerships. Opponents of same-sex marriage pipped supporters 52:48, but more than two thirds opposed religious civil partnerships. Nonetheless, the Scottish Government intends on continuing to legalise both relationships, and the Catholic Church – numerically and financially the largest single supporter of traditional marriage – has since ceased dialogue with Edinburgh on the matter.

Down south, we are a step behind. The Home Office has also consulted on its plans to create such relationships in England and Wales, but they are effectively limited to same-sex marriages and not religious civil partnerships. After months of campaigning, two umbrella organisations broadly covered the diverse faiths, standpoints and interest groups in the opposing camps. In favour of same-sex marriage stands the Coalition for Equal Marriage, and its slick media campaign, Out4Marriage.org, which publishes clips of well-known proponents of gay marriage such as Boris Johnson and Hugh Grant ‘coming out’ in support of the move. Against liberalisation is the Coalition for Marriage, based out of the Christian Institute’s offices in Newcastle, which has mobilised tens of thousands of Christians to sign petitions and dominate the postbags of Members of Parliament.

The Home Office consultation ended in June, and the results are unlikely to be known this calendar year. It is safe to say that there have been a considerable number of responses from both sides (although, as in Scotland, many will be standard pro-forma that campaign groups have handed out and emailed to supporters). Polls favouring both positions have been published. If, following the publication of the consultation document, the Government in Westminster puts legislation before Parliament in the new year, it is likely to be passed by the second anniversary of Cameron’s speech in 2013. But will that legislation be tabled?

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Opening Pandora’s box

The best hope for opponents of same-sex marriage in England is for the Government to conclude it is too difficult to pass coherent and stable legislation that creates such marriages in the narrow circumstances so far envisaged. Social conservatives should not be too hopeful that such sense will prevail: Nick Clegg, the Deputy Prime Minister, gave a glimpse of the liberal class’s mindset when his staff trailed a speech in which he described supporters of traditional marriage as “bigots” – a slur he was rapidly forced to retract.

As an example of the radical legal consequences of redefining marriage, the Coalition for Marriage has recently released a précis of a legal opinion by Aidan O’Neil QC, an expert in equality and discrimination law who practises from the same barristers’ chambers as Tony Blair’s wife, Cherie Booth. O’Neil was instructed to consider the implications for religious conscience and religious liberty arising from redefining marriage in England and Wales, and he considers the interplay between the Equality Act 2010 (including the Public Sector Equality Duty (PSEQ)), the European Convention on Human Rights, and case law on point. The PSEQ compels public authorities – including state schools, councils and the National Health Service – to “have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited…” when exercising their public functions. This includes the obligation to “tackle prejudice” and “promote understanding” between homosexual and heterosexual people.

It is a far-reaching obligation on an enormous range of bodies and organisations, and it reduces substantially the lawful opportunities for supporters of traditional marriage to explain – let alone mention – their views. The Coalition for Marriage asked O’Neil to consider some hypothetical situations where religiously-minded people could find themselves in difficulties – and potentially fired from their jobs. Here are elaborations of some of his examples (the précis contains more), which focus on practical positions that readers of MercatorNet might find themselves in, should the prohibition on same-sex marriage be removed. (For brevity, the precise legal reasoning is omitted. What follows is a characterisation of the legal positions, which are necessarily latent or untested propositions.)

The chaplain

A hospital chaplain is also a local Church of England vicar. Suppose he preaches, at a private wedding service in his church, that marriage is between only one man and one woman. If his hospital employers were to hear of this action, they could take into account his conduct outside of the workplace when determining whether the chaplain was acting in accordance with the requirements of his hospital work and the ethos of the hospital. This is true for any chaplain employed with the public sector (e.g. within a university or the Armed Forces) who, in all likelihood, would have a duty to accept only that marriage could be between two people of the same sex, and that any contrary restrictive view would lead to their lawful dismissal as this view would be ‘un-ethical’, ie, against the prevailing ethos.

The teacher

A teacher is told by her head that she must use in class a book recommended by the local council and a gay advocacy charity. This book is about a man who falls in love with a prince and marries him. If the teacher asked to opt out of using the book on the grounds of conscientious objection, she would be refusing to obey the otherwise lawful instructions of her employers, thus constituting grounds for her dismissal. Moreover, it would make no difference if the school was a faith school or any type of school with a religious ethos or none.

The child

A child says in a school assembly that he thinks marriage is only between a man and a woman, on religious grounds. The assembly theme is on marriage and same-sex marriage is discussed. The child is subsequently bullied but the school takes no action. Because the school is under a duty to teach about marriage, and because marriage would mean same-sex marriage, a school which taught marriage equality (same-sex and opposite-sex marriages are the same) would not be discriminating against the child’s religious views. Furthermore, the school is potentially under a duty to ensure that the curriculum it teaches is delivered in a way that discourages and even eliminates the attitudes held by its pupils that involve sexual orientation. This potentially implies that it may brook no dissent from the redefinition.

The parents

Concerned parents learn that their school is planning a gay and lesbian history month, including lessons on ‘the campaign for marriage equality’. The parents insist that they have the right to withdraw their child from these history lessons. In fact, even if the school were a faith school teaching a subject in a manner contrary to the orthodox teachings of that faith, the parents would be completely unable to withdraw their child from these lessons, and the European Convention would not facilitate it.

The foster couple

Couples who apply to become foster carers and, during the interview process, let it be known that they could not support same-sex marriage, could be barred by a local authority or council from continuing with their application. The local authority is under an obligation to investigate the views of potential foster parents, and to consider the extent to which those views might influence and affect the behaviour and treatment of a child in their care. As a public authority, the council is under an obligation to safeguard and promote the welfare of looked-after children and this could be construed to include the prevention of exposure to an environment that is potentially exclusive of same-sex marriage.

The crucial lesson of civil partnerships

It is worth noting again the analogy between same-sex marriage and civil partnerships in England and Wales. When the Civil Partnerships Act was winding its way through Parliament in 2003 and 2004, Tony Blair promised that no religions would be compelled to carry out partnerships. In fact, religious readings, music or symbols were prohibited from the partnership ceremony. However, with only cursory scrutiny by Parliament, this ban was lifted in December 2011. This substantial change in civil partnership policy demonstrates that religious leaders should be very wary of accepting any ‘red line’ promises from ministers (even the Prime Minister) as a way of ameliorating opposition to the current proposals.

In the current proposals, there will be a blanket ban on religious ceremonies in England and Wales. This is effectively a religious exemption and means that churches and ministers cannot host or celebrate same-sex marriages. However, the O’Neill opinion suggests there would be a strong case that a blanket ban would be overturned by European human rights law. The material provision is Article 12 of the European Convention, which establishes a right for two individuals to marry: “men and women of marriageable age have the right to marry and found a family…”

O’Neil raises the spectre of a fundamental reinterpretation of this Article, from the right of one man and one woman to marry, to same-sex couples, if redefinition occurs in English law. The consequence of this would be to open up other legal avenues, like human rights law, to support same-sex marriage. This could spell the end of the religious exemption.

Even if churches were allowed to conduct same-sex marriages, it would be mistaken to think that a happy settlement could be reached whereby those vicars who accepted it would be free to do so, whilst supporters of traditional marriage would be free not to. Because of the established identity of the Church of England, granting the Church a unique and privileged place amongst religions in England, once any vicar allows same-sex marriages it becomes untenable in law for the whole Church not to participate. Thus O’Neil concludes:

“Churches might indeed better protect themselves against the possibility of any such litigation by deciding not to provide marriage services at all, since there could be no complaint then of discrimination in their provision of services as between same sex and opposite sex couples.

“And, in principle, the Church of England might be better protected under any such claim if it were disestablished in the sense that its clergy were no longer placed under formal legal obligations by the general law to solemnise the marriages of all and any person otherwise eligible to marry under the general law…”

It isn’t too late, Mr Cameron

Already, MPs are queuing up to remove the hypothetical ban on same-sex marriages in religious places, and Ed Milliband, the leader of the opposition Labour Party, appears to have outflanked Cameron in the latter’s rush to social liberalism.

If same-sex marriage legislation is pushed into the House of Commons, David Cameron will likely see a back-bench rebellion from his own MPs on the right of the Party, who are vociferously opposed to the measures. He knows that many Tory MPs hold seats where the UK Independence Party and the Liberal Democrats cannot oust the incumbent Conservatives in a fair fight, but they can succeed if the Tory vote is split (over Europe, for instance) or because Conservative voters simply absent themselves on election day because they are angry or disappointed at the Party leadership. Gay marriage is such an issue.

In any event, Cameron will be left in the embarrassing position of relying on Liberal Democrat and Labour support for a majority to be secured (particularly as he is likely to give a free vote), and he will see the Parliamentary Conservative Party split cleanly on this social issue, conservative/liberal, when unity is needed to push through controversial healthcare reforms.

Given the political difficulties of creating same-sex marriage and the legal consequences of doing so, it would suit him well to put the plans back on the shelf and move on to getting Britain out of its slump and recession.

Peter Smith is a lawyer living and working in London. This article reprinted under a Creative Commons License from Mercatornet.com


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‘It’s a miracle’: Newborn girl survives two days after being abandoned in a field

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By Thaddeus Baklinski

The survival of a baby who was abandoned by her mother and left in a field for two days has been described as "a miracle" by the doctor attending the newborn girl.

"She had been left alone naked, and weighed less than a kilogram, in part because she was so severely dehydrated," said Doctor Barbara Chomik at the hospital in the northern Polish city of Elblag, according to a report from Central European News.

"It is a miracle that she survived under those conditions for so long. It is simply a miracle," Dr. Chomik said.

The report said that the child's mother, Jolanta Czarnecka, 30, of Ilawa in northeastern Poland, had concealed her pregnancy from friends and fellow workers, and had given birth in a field during a lunch break, then returned to work.

When blood was noticed on her clothing, the woman at first claimed she had accidentally given birth in the toilet and the baby had gone down the drain.

However, when investigation found no evidence supporting her claims, Czarnecka admitted to having given birth to the child in a nearby field and leaving her there.

When searchers found the child, two days after her birth, the little girl was dehydrated and covered with insects.

Czarnecka is facing charges of attempted murder for allegedly abandoning her child.

Czarnecka, who has entered a not guilty plea to the charges against her, could be sentenced to five years in prison if she is convicted.


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To the Christians who think 50 Shades is all sorts of awesome: Please, stop and THINK

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By Jonathon van Maren

It’s pretty depressing when you realize that, in 2014, many people seem to think that destruction of human dignity is a small price to pay for an orgasm.

I suppose when I write a column about a book that just sold its 100 millionth copy I shouldn’t be surprised when I get a bit of a kickback. But I have to say—I wasn’t expecting hundreds of commenters, many saying they were Christian, to come out loudly defending the porn novel 50 Shades of Grey, often tastelessly interspersed with details from their own sex lives.

People squawked that we “shouldn’t judge” those who practice bondage, domination, sadism and masochism (BDSM), and informed me that “no one gets hurt” and that it “isn’t abuse” and said that it was “just fantasy” (as if we have a separate brain and body for fantasy).

Meanwhile, not a single commenter addressed one of the main arguments I laid out—that with boys watching violent porn and girls being socialized to accept violence and torture inside of a sexual relationship, we have created a toxic situation in which people very much are being hurt.

In response to the defenders of this trash, let me make just a few points.

  1. Not all consent is equal.

People keep trumpeting this stupid idea that just because someone consents to something or allows something to happen, it isn’t abusive.

But if someone consents to being beaten up, punched, slapped, whipped, called disgusting and degrading names, and have other things done to them that I will choose not to describe here, does that make it any less abusive? It makes it legal (perhaps, but it certainly doesn’t make it any less disgusting or violent.

Would you want your daughter to be in a relationship with Christian Grey? Would you want your son to turn into Christian Grey? If the answer is yes to either of those, someone should call social services.

Anyone who works with victims of domestic and sexual assault will tell you that just because someone permits something to happen or doesn’t extricate themselves from a situation doesn’t mean it isn’t, in fact, abuse. Only when it comes to sex are people starting to make this argument, so that they can cling to their fetishes and justify their turn-ons. Those women who defend the book because they think it spiced up their sex life are being incredibly selfish and negligent, refusing to think about how this book could affect other women in different situations, as well as young and impressionable girls.

In the words of renowned porn researcher and sociologist Dr. Gail Dines:

In his book on batterers, Lundy Bancroft provides a list of potentially dangerous signs to watch out for from boyfriends. Needless to say, Christian [Grey of 50 Shades of Grey] is the poster boy of the list, not only with his jealous, controlling, stalking, sexually sadistic behavior, but his hypersensitivity to what he perceives as any slight against him, his whirlwind romancing of a younger, less powerful woman, and his Jekyll-and-Hyde mood swings. Any one of these is potentially dangerous, but a man who exhibits them all is lethal.

The most likely real-world ending of Fifty Shades of Grey is fifty shades of black and blue. The awful truth in the real world is that women who partner with a Christian Grey often end up hightailing it to a battered women's shelter with traumatized kids in tow. The less fortunate end up in graveyards.

  1. 50 Shades of Grey normalizes intimate partner violence…

…and sickeningly, even portrays it as romantic and erotic. Amy Bonomi, Lauren Altenburger, and Nicole Walton published an article on the impact of 50 Shades last year in the Journal of Women’s Health. Their conclusions are intuitive and horrifying:

While intimate partner violence (IPV) affects 25% of women and impairs health, current societal conditions—including the normalization of abuse in popular culture such as novels, film, and music—create the context to support such violence.

Emotional abuse is present in nearly every interaction, including: stalking (Christian deliberately follows Anastasia and appears in unusual places, uses a phone and computer to track Anastasia’s whereabouts, and delivers expensive gifts); intimidation (Christian uses intimidating verbal and nonverbal behaviors, such as routinely commanding Anastasia to eat and threatening to punish her); and isolation (Christian limits Anastasia’s social contact). Sexual violence is pervasive—including using alcohol to compromise Anastasia’s consent, as well as intimidation (Christian initiates sexual encounters when genuinely angry, dismisses Anastasia’s requests for boundaries, and threatens her). Anastasia experiences reactions typical of abused women, including: constant perceived threat (“my stomach churns from his threats”); altered identity (describes herself as a “pale, haunted ghost”); and stressful managing (engages in behaviors to “keep the peace,” such as withholding information about her social whereabouts to avoid Christian’s anger). Anastasia becomes disempowered and entrapped in the relationship as her behaviors become mechanized in response to Christian’s abuse.

Our analysis identified patterns in Fifty Shades that reflect pervasive intimate partner violence—one of the biggest problems of our time. Further, our analysis adds to a growing body of literature noting dangerous violence standards being perpetuated in popular culture.

  1. Really? Sadism?

I notice that commenters rarely break down what the acronym “BDSM” actually stands for: bondage, domination, sadism, and masochism. If they did, they could no longer make the repulsive claim that “love” or “intimacy” have anything to do with it.

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The definition of sadism is “enjoyment that someone gets from being violent or cruel or from causing pain, especially sexual enjoyment from hurting or punishing someone…a sexual perversion in which gratification is obtained by the infliction of physical or mental pain on others.”

As one of my colleagues noted, we used to send sadists to a therapist or to prison, not to the bedroom. And 100 million copies of this porn novel have been unleashed on our society informing people that getting off on hurting someone is romantic and erotic. It is a brutal irony that people who scream about water-boarding terrorists are watching and experimenting with sexual practices far more brutal. As one porn researcher noted, some online BDSM porn promotes practices and behaviors that would be considered unlawful under the Geneva Convention if they were taking place in a wartime context.

It seems the Sexual Revolutionaries have gone from promoting “safe sex” to “safe words”—just in case the pain gets too rough. And none of them seem to be volunteering information on just how a woman is supposed to employ a safe word with a gag or bondage headgear on.

But who cares, right? Just one more casualty on our culture’s new Sexual Frontier.

  1. “It’s just fiction and fantasy and has no effect on the real world!”

That’s total garbage and they know it. I’ve met multiple girls who were abused like this inside of relationships. Hotels are offering “50 Shades of Grey” packages replete with the helicopter and private suites for the proceedings. According to the New York Post, sales of rope exploded tenfold after the release of the book. Babeland reported that visits to the bondage section of their website spiked 81%, with an almost 30% increase in the sale of things like riding crops and handcuffs.

I could go on, but I won’t. As Babeland co-founder Claire Cavanah noted, “It’s like a juggernaut. You’d be surprised to see how very ordinary these people are who are coming in. The book is just an explosion of permission for them to try something new in the bedroom.”

  1. What does this book and the BDSM movement say about the value of women and girls?

I’d like the defenders of this book to try stop thinking with their nether-regions for just a moment and ask themselves a few simple questions: What does sadism and sexual torture (consensual or not) say to our culture about the value of girls? What does it say to boys about how they should treat girls? The youth of today are inundated with porn and sexually violent material—is nobody—nobody—at all worried about the impact this has on them? On the girls who are being abused by boys who think this is normal behavior—and think it is normal themselves?

Dr. Gail Dines relates that when speaking to groups of women who loved the book, they all grow deathly silent when she asks them two simple questions: Would you want your daughter to be in a relationship with Christian Grey? Would you want your son to turn into Christian Grey?

If the answer is yes to either of those, someone should call social services.

__

This book and the sadism it promotes are an assault on human dignity, and most of all an assault on the worth and value of girls and women. Please consider the impact you will have on your daughters and the vulnerable and confused people around you when you read and promote this book. Anastasia Steele is, thankfully, a fictional character. But real girls are facing these expectations and demands from a culture that elevates a sexual sadist to the level of a romantic hero. Ask yourselves if you want their “love” and “intimacy” to include sadism and domination, or real respect.

Because you can’t have both.

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Ryan T. Anderson

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New York Times reporter: ‘Anti-LGBT’ people ‘deserve’ incivility

Ryan T. Anderson
By Ryan Anderson

As I recounted Monday at The Daily Signal, The New York Times reporter Josh Barro thinks some people are “unworthy of respect.” Yesterday Barro doubled-down and tweeted back at me that “some people are deserving of incivility.” He argued that I am such a person because of my views about marriage policy. You can see the entire exchange on my twitter page.

What Josh Barro says or does doesn’t really affect me. I’m not a victim, and I’ll keep doing what I do. But incivility, accepted and entrenched, is toxic to a political community. Indeed, civility is essential for political life in a pluralistic society.

It also has deep roots.

The Hebrew Bible tells us that all people are made in the image and likeness of God and have a profound and inherent dignity. Sound philosophy comes to a similar conclusion: as rational beings capable of freedom and love, all human beings have intrinsic and inestimable worth. And so we should always treat people with respect and dignity—we should honor their basic humanity. We should always engage with civility—even when we sharply disagree with them. Faith and reason, the natural law and the divine law, both point to the same conclusion.

Just as I think the best of theology and philosophy point to the conclusion that we should always treat people with respect, so I think they show that marriage is the union of a man and a woman—and that redefining marriage will undermine the political common good.

The work that I’ve done for the past few years for The Heritage Foundation has been at the service of explaining why I think this to be the case. Bookish by nature, I thought the best contribution I could make to public life was to help us think about marriage. So while my early work after college was in philosophy and bioethics, and my graduate coursework was in the history of political philosophy, I put my dissertation about economic and social justice on hold so I could devote myself to this debate at this crucial time.

Along with my co-authors, a classmate of mine from Princeton and a professor of ours there, we set out to write a book making what we considered the best philosophical argument for what marriage is and why it matters. Our book seemed to help the Supreme Court think about the issue, as Justice Samuel Alito cited it twice. The reason I’ve written various and sundry policy papers for Heritage, and traveled across the country speaking on college campuses, and appeared on numerous news shows (including, of course, Piers Morgan) is that I know the only way forward in our national debate about marriage is to make the arguments in as reasonable and civil a spirit as possible.

Some people, like Barro, want to do everything they can to shut down this discussion. They want to demonize those who hold contrary viewpoints. They want to equate us with racists and claim we are unworthy of respect and ought to be treated with incivility. This is how bullies behave. In all of recorded history, ours is the first time where we can have open and honest conversations about same-sex attraction and marriage. This discussion is just beginning. It is nowhere near being over.

All our fellow citizens, including those identifying as LGBT, should enjoy the full panoply of civil rights—the free exercise of religion, freedoms of speech and press, the right to own property and enter into contracts, the right to vote and have a fair trial, and every other freedom to live as they choose, consistent with the common good.

Government redefinition of marriage, however, is not a civil right—nor will redefining marriage serve the common good. Indeed, redefining marriage will have negative consequences.

We make our arguments, in many fora, as transparently as possible. We welcome counterarguments. And we strive to treat all people with the dignity and respect they deserve as we carry on this conversation.

One of the most unfortunate parts of my exchange with Barro last night was his reaction toward those who identify as LGBT and aspire to lives of chastity. They freely choose to live by their conviction that sex is reserved for the marital bond of a husband and wife. Some of them also seek professional help in dealing with and perhaps even diminishing (not repressing) their same-sex sexual desires.

I have written in their defense and against government coercion that would prevent them from receiving the help they desire, as New Jersey and California have done. Barro describes my support for their freedom as “sowing misery…doing a bad thing to people…making the world worse.”

There really is anti-LGBT bigotry in the world. But Barro does a disservice to his cause when he lumps in reasonable debates about marriage policy and the pastoral care that some same-sex attracted persons voluntarily seek out as, in his words, “anti-LGBT.” If we can’t draw a line between real bigotry and reasonable disagreement, we’re not helping anyone.

This debate isn’t about restricting anyone’s personal freedom. However it goes, people will remain free to live their romantic lives as they choose. So too people who experience same-sex attraction but aspire to chastity should be free to lead their lives in line with their beliefs, and to seek out the help they desire. We can have a civil conversation about which course of action is best—but let’s leave aside the extremism.

Barro asks, “Why shouldn’t I call you names?” My answer is simple: you should not practice the disdain and contempt you claim to abhor.

All my life, I’ve been educated at left-leaning institutions. Most of my friends disagree with me about these issues. But they’re still friends. And their feedback has made me a better person.

My final tweet to Barro is where I still remain committed: “people on all sides of LGBT debates and marriage debates need to find a way to discuss these issues without demonizing anyone.”

Reprinted with permission from the Daily Signal, where you can find Ryan Anderson's Twitter exchange with Barro.


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