Tag Archives: Liberty

Jennifer Roback Morse interviews UK lawyer on religious liberty and free speech

From the Ruth Institute podcast.

Details:

(December 12, 2011) Dr J hosts “From the Front Lines of the Culture War on Catholic Radio of San Diego. Today she’s interviewing barrister Paul Diamond, who specializes in defending religious liberty in the United Kingdom.

The MP3 file is here.

This interview is sobering. I try to cover a lot of the infringements on religious liberty and free speech that came out of the secular left Labour Party era that just ended, but there are many more stories that I don’t cover. This podcast fills in some of the gaps, and in particular, it explains the rhetoric used by the secular left in order to trick naive Christians into voting to give away their liberties in the name of “equality” and “tolerance”.

If you want to know where the Democrats want us to be in 10 years, listen to this podcast.

Should government get out of the marriage business?

Dina sent me three articles by Jennifer Roback Morse, post on The Public Discourse. The articles answer the charge from social liberals and libertarians that we should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that they adults can make poor, emotional decisions and have fun.

Alberta judge rules that it is legal to disagree with homosexuality

Political map of Canada
Political map of Canada

Good news in Alberta.

Excerpt:

Alberta Court of Queen’s Bench Justice Paul Jeffrey has dismissed a Crown appeal of a decision from a lower court that acquitted Bill Whatcott of trespassing charges for distributing “Truth about homosexuality” pamphlets at the University of Calgary in 2008.

On Friday, March 30, Jeffrey upheld the November 2011 ruling by provincial court Judge John D. Bascom that stated the University of Calgary infringed on Whatcott’s Charter rights to freedom of expression when campus security arrested and detained him for distributing a pamphlet that addressed the “harmful consequences” of homosexuality.

The university had argued that the Charter only applied to “government actors and government actions,” not to the university itself since it was a private entity.

Bascom ruled, however, that the Canadian Charter of Rights and Freedoms applies to the University of Calgary since “the University is not a Charter free zone,” in that it carried out “specific” governmental work by providing post-secondary education to the public in Alberta, making its actions subject to scrutiny under the Charter.

“Mr. Whatcott entered the university property with a purpose to distribute his literature to students, staff and public,” said the judge, adding, “His activity was peaceful and presented no harm to the university structures or those who frequented the campus. … Although Mr. Whatcott’s pamphlet is not scholarly, freedom of speech is not limited to academic works.”

Bascom concluded that “the means used by campus security halted Mr. Whatcott’s distribution of these flyers and violated his right of free expression.”

The judge also lifted the University’s ban against Whatcott that would have indefinitely prohibited him from setting foot on the campus again, stating that the ban was “arbitrary and unfair.”

Do you all remember that the University of Calgary is one of the ones that harassed pro-lifers with armed policemen? That’s still better than Carleton University, which actually had pro-lifers arrested by armed policemen.

This Alberta ruling dovetails nicely with a 2010 ruling from the province of Saskatchewan:

In 2010 Whatcott won an appeal in Saskatchewan when Justice Darla Hunter of Saskatchewan’s Court of Appeal overturned a 2006 Saskatchewan Human Rights Tribunal ruling that found him guilty of violating the province’s human rights code by publicly criticizing homosexuality through a series of flyers he distributed in Saskatoon and Regina in 2001 and 2002.

The tribunal had ordered Whatcott to pay $17,500 and imposed a “lifetime” ban on his freedom to publicly criticize homosexuality.

In her decision Justice Hunter ruled that Whatcott did not violate section 14(1)(b) of the Saskatchewan Human Rights Code by distributing flyers to oppose the teaching of homosexuality in Saskatoon’s public schools.

“It is acceptable, in a democracy, for individuals to comment on the morality of another’s behaviour. … Anything that limits debate on the morality of behaviour is an intrusion on the right to freedom of expression,” Justice Hunter had remarked.

Alberta and Saskatchewan are the two most conservative provinces in Canada. Let’s hope that other provinces move in the same direction.