Joe Carter

When free speech died in Canada

Joe Carter
By Joe Carter

March 5, 2013 (ActonInstitute) - When future historians attempt to narrow down the exact point at which the concept of free speech died in Canada, they’ll likely point to Saskatchewan (Human Rights Commission) v. Whatcott, specifically this sentence:

Truthful statements can be presented in a manner that would meet the definition of hate speech, and not all truthful statements must be free from restriction.

Jesus might have claimed that “the truth will set you free” but in Canada speaking the same truths proclaimed in God’s Word could potentially land you in jail.

“The ruling and the reasoning [behind it] is terrible,” defendant Bill Whatcott told LifeSiteNews.com. “They actually used the concept that truth is not a defense.”

The court ruled that making claims which could be construed as “detesting or vilifying” homosexual behavior is enough to classify speech as “hate speech”:

Courts have recognized a strong connection between sexual orientation and sexual conduct and where the conduct targeted by speech is a crucial aspect of the identity of a vulnerable group, attacks on this conduct stand as proxy for attacks on the group itself. If expression targeting certain sexual behaviour is framed in such a way as to expose persons of an identifiable sexual orientation to what is objectively viewed as detestation and vilification, it cannot be said that such speech only targets the behaviour. It quite clearly targets the vulnerable group.

The ruling also states that suppression of “hate speech”—such as claiming that homosexual behavior is immoral—is so important that it justifies infringing on religious freedom and provides a basis for a “reasonable limit on freedom of religion and is demonstrably justified in a free and democratic society.”

This standard is then used to justify a draconian standard of censorship:

If, despite the context of the entire publication, even one phrase or sentence is found to bring the publication, as a whole, in contravention of the Code, this precludes its publication in its current form.

The court used the preceding standard to scrutinize flyers that Mr. Whatcott distributed in 2001 and 2002. The language Whatcott uses is admittedly harsh and uncivil, but it does not rise to any reasonable standard of “hate speech.” In fact, the Court even considered whether a quotation of Matthew 18:6 can be characterized as “hate speech.” The court determined that it was not and added:

While use of the Bible as a credible authority for a hateful proposition has been considered a hallmark of hatred, it would only be unusual circumstances and context that could transform a simple reading or publication of a religion’s holy text into what could objectively be viewed as hate speech.

This is, of course, utter nonsense. By the court’s own ruling the presence of Leviticus 18:22 (“Do not have sexual relations with a man as one does with a woman; that is detestable.”) would warrant classifying the Bible as a hate speech document. The court clearly states that,

If expression targeting certain sexual behaviour is framed in such a way as to expose persons of an identifiable sexual orientation to what is objectively viewed as detestation and vilification, it cannot be said that such speech only targets the behaviour. It quite clearly targets the vulnerable group. [emphasis added]

If criticism of homosexual behavior is construed as criticism of homosexuals then a “simple reading” of the Lev. 18 and context clearly shows that the passage “could objectively be viewed as hate speech.”

Not surprisingly, many religious groups find the ruling and its implications disconcerting. According to LifeSiteNews, the Catholic Civil Rights League is concerned over the court’s equating homosexual activity with homosexual persons such that it turns criticism of sexual behaviour into “hate-speech” of an identifiable minority.

“A key teaching of Christianity is to hate the sin, but love the sinner,” said CCRL president Phil Horgan, pointing out that as a society, “we incarcerate convicted persons for their crimes, not out of hate for the individual.”

“But with Whatcott, the SCC has stated that criticism of behaviour(s) can be treated as potentially hateful speech against the minority. Will criticism of activities at gay pride parades be treated similarly? Will criticism of certain homosexual sexual activities be now conflated as an example of hate speech of an individual or minority? This conflation of behaviour with the person or group, is a proposition at odds with most religious teachings, and of concern coming from our highest court.”

Where speech can be punished as “hate” and truth ceases to be a defense, free speech cannot exist. As Donald R. McClarey says, “Canada no longer has freedom of speech. The Supreme Court of Canada killed it.”

Reprinted with permission from The Acton Institute.

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Christian clerk fights on as Sixth Circuit orders her to issue gay ‘marriage’ licenses

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By Dustin Siggins

ROWAN COUNTY, KY, August 27, 2015 (LifeSiteNews) -- A federal appeals court has ordered Christian clerk Kim Davis to provide same-sex “marriage” licenses, but she’s refusing to give in.

Davis, a Democrat, says that her Christian beliefs will not allow her to issue licenses for same-sex “marriages.” Despite pressure from Democrat Gov. Steve Beshear, a lawsuit from the ACLU, and two federal court rulings, Davis has refused to issue any licenses while the matter is still working its way through the courts.

However, the Sixth District Court of Appeals said Davis must issue the licenses.

While critics say Davis must follow the law as a public employee, she says the First Amendment protects her decision even as a government worker. In addition to being sued by the ACLU, she has pro-actively taken her case to court.

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Beshear told all government employees that "you can continue to have your own personal beliefs, but, you’re also taking an oath to fulfill the duties prescribed by law, and if you are at that point to where your personal convictions tell you that you simply cannot fulfill your duties that you were elected to do, then obviously an honorable course to take is to resign and let someone else step in who feels that they can fulfill those duties.”

The initial court decision against Davis was stayed 10 days ago. Liberty Counsel's Mat Staver, whose organization represents Davis, told CNN that they might appeal to the U.S. Supreme Court and are hoping the high court would issue a stay of the Sixth Circuit ruling in the interim.

A poll of Kentucky voters that was released last month found that 50 percent of the state backs natural marriage, while only 37 percent supported its redefinition. 

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Christians at Duke U refuse to read lesbian porn novel assignment

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By Steve Weatherbe

DURHAM, NC, August 27, 2015 (LifeSiteNews) -- Christian freshmen at Duke University are refusing to read an assigned graphic novel depicting masturbation and homosexual intercourse. The university says the assignment was optional and won’t discipline the holdouts.

Brian Grasso emerged as the spokesperson for the dissenters after he posted his decision on the Class of 2019’s closed Facebook page. Opponents have done their best to mock and deride the holdouts as ignoramuses who don’t belong at Duke, but Grasso has addressed all their jibes, first to Duke’s student paper and then in an op-ed in the Washington Post, intelligently and engagingly.

The book at issue is Fun Home, a fictional depiction by lesbian artist Alison Bechdel of growing up with a homosexual, suicidal dad and discovering sex with other girls. “After researching the book’s content and reading a portion of it, I chose to opt out of the assignment,” Grasso told Post readers, explaining he was not opposed to learning about homosexuality any more than he would be with the ideas of “Freud, Marx or Darwin,” though he might find them immoral too.

“But in the Bible,” he went on, “Jesus forbids his followers from exposing themselves to anything pornographic. ‘But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart,’ he says in Matthew 5:28-29. ‘If your right eye causes you to stumble, gouge it out and throw it away.’” He then cited St. Paul to support his argument.

Grasso knew Christians would be in the minority at Duke, he admitted, but what surprised him was that Duke would blithely assign something so obviously offensive to this minority. “Duke did not seem to have people like me in mind. It was like Duke didn’t know we existed, which surprises me.”

But Patrick Reilly, the president of the Cardinal Newman Society, an organization devoted to promoting American Catholic orthodoxy at Catholic universities, isn’t surprised. “American society has been moving away from Christian values or even neutrality, especially at secular institutions but even at Catholic and other Christian schools,” Reilly told LifeSiteNews. He urged Catholic and other Christian parents and high school students to choose their universities carefully.

Other freshmen have supported Grasso: Bianca d’Souza said the novel’s ideas were important but the salacious content unnecessary and offensive. Jeffrey Wubbenhorst wrote, “”The nature of ‘Fun Home’ means that the content that I might have consented to read in print now violates my conscience due to its pornographic content.”

But others from the class of 2019 responded, “Reading the book will allow you to open your mind to a new perspective and to examine a way of life and thinking with which you are unfamiliar.”

In the same vein students wrote the Duke student newspaper Chronicle, mocking the dissenters with references to a Dr. Seuss children’s book. “Mermaid Warrior,” for example, wrote, “I’m sure there are people who think Cat in the Hat sends bad messages. That’s a big problem I have with complaints like these, ‘I shouldn’t be expected to read stuff I disagree with!’ It’s like, guess what, there’s no way to find something that everyone will agree with.”

But Grasso makes clear his issue isn’t with disagreeable ideas at all. “I think there is an important distinction between images and written words. If the book explored the same themes without sexual images or erotic language, I would have read it. But viewing pictures of sexual acts, regardless of the genders of the people involved, conflict with the inherent sacredness of sex. My beliefs extend to pop culture and even Renaissance art depicting sex.”

Inevitably, Duke itself weighed in. The book was selected for summer reading by the freshman class, explained Duke’s vice president or public affairs, Michael Schoenfeld, “because it is a unique and moving book that transcends genres and explores issues that students are likely to confront.”

After touting its artistic value and noting that a Broadway adaptation won the Best Musical award for 2015, he noted that the book was not a requirement and there would be no examination or grading. He expressed the hope that Duke’s 1,750 freshmen would arrive with open minds willing to “explore new ideas.”

But for all that, Schoenfeld did not explore the issues raised by Grasso: morality, pornography and the sexualization of relations.

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Aborted babies’ hands too disturbing? Solution: chop them off before shipping the bodies

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By John Jalsevac
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August 26, 2015 (LifeSiteNews) - As if we needed more evidence that many of those in the abortion industry know perfectly well what they are doing, along comes the latest undercover video from the Center for Medical Progress (CMP).

The video includes disturbing undercover footage of a conversation with Cate Dyer, the CEO of StemExpress, a biomedical firm that acquires the bodies of aborted babies from Planned Parenthood clinics.

During that conversation Dyer infamously jokes with an undercover investigator about the need to warn lab techs ahead of time when a fully “intact” aborted baby's cadaver is being shipped to them.

But there it is: that hand, in all of its beauty, and its horror. Beautiful, as every hand is beautiful. Horrific, in that it is attached to a dismembered arm, yanked out of its socket, and swimming in a pool of the baby’s intestines and other body parts, to be bartered over and sold. 

“If you have intact cases, which we’ve done a lot, we sometimes ship those back to our lab in its entirety,” she says. "Tell the lab it's coming, so they don't open the box and" scream. "Their lab techs freak out and have meltdowns."

"Academic labs cannot fly like that, they are just not capable," Dyer adds condescendingly. "It's almost like they don't want to know where it comes from. I can see that."

But don’t worry, Dyer makes it clear she knows exactly where fetal tissue comes from, and isn't bothered in the least.  However, she agrees with a joke made by the undercover investigator, that if you’re going to be shipping the intact body of an aborted baby, it would be best to always make sure that the “eyes are closed.”

But surely the saddest part of the conversation comes when Dyer reveals how some of those squeamish lab techs manage to get around their natural repugnance at receiving little, perfectly-formed babies’ bodies in the mail, which they will then slice and dice – all in the name of “medical progress,” of course.

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She says that she often receives instructions from scientists who experiment on aborted babies that, "We need limbs, but no hands and feet need to be attached."

A curious request, no? But then again, there is something especially pesky about those tiny hands and feet, isn’t there?

Human hands are, after all, a true marvel of nature – so far surpassing in dexterity the appendages of any other mammal, the unparalleled tools that have enabled human beings to build empires, create art of breathtaking beauty, and to express themselves in myriad different ways. So marvelous, in fact, that Isaac Newton is reported to have said, “In the absence of any other proof, the thumb alone would convince me of God’s existence.”

Not only are hands and feet useful, but they knit human beings together in intimacy: lovers will hold or squeeze their beloved's hands, and friends will soothe their friends in time of sorrow by taking their hands. And then there is the case of new parents, who will go into raptures over the hands and feet of their newborn babies, and speak, using the foolish language of love, of wanting to “eat” them. Mothers will shower their newborn babies’ feet with kisses, and tickle them, and will study and fall in love with every dimple, every crease.

Perhaps that is why so many people found the fifth (or was it the sixth? I’m losing track of the horrors) video so disturbing: that footage inside the lab, when the man behind the camera uses his tweezers to delicately lift up a dismembered arm, with the hand still attached.

That arm, it is true, would not have been half so disturbing, were it not for the hand. But there it is: that hand, in all of its beauty, and its horror. Beautiful, as every hand is beautiful. Horrific, in that it is attached to a dismembered arm, yanked out of its socket, and swimming in a pool of the baby’s intestines and other body parts, to be bartered over and sold. 

Before this, we have heard the lab techs on camera identifying the baby as a twin, at about 20-weeks gestation. In other words, a baby on the very verge of viability.

But no mother will gaze in raptures at those hands and those feet. Instead, Planned Parenthood will discuss how much they can “get” for each "specimen." And perhaps Cate Dyer will instruct her staff to cut off the hands or the feet before shipping the limbs to those too-tender-hearted lab techs who might “freak out” and “have a meltdown” at being forced to see too much of the truth.

But what does it say about us, and our politicians, that the videos with those pesky hands and feet are out there circulating, watched by millions, and yet we are not “freaking out” or having any meltdowns?

Instead, our politicians are dismissing the video as being "highly edited," as if David Daleiden of CMP is a CGI wizard who can conjure up dismembered limbs at will, and even though even Planned Parenthood has never denied the existence of those dismembered arms and legs, but has only implausibly denied that they are illegally "profiting" from the sale of the appendages - as if illegally profiting from the sale is somehow worse than the fact that they have dismembered the babies in the first place. 

If the dismembered hands and feet aren't enough to awaken our consciences, and to force our politicians to stop the massacre, what will be? I fear the answer to that question. 

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