Pleading to the supreme soviet
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The London Free Press
Tuesday, October 19, 2004
By Rory Leishman
Lawyers for the various Christian groups who appeared before the Supreme Soviet of Canada earlier this month in the gay-marriage reference put on a pathetic spectacle. They resembled no one so much as Oliver Twist begging with his master: �Please, sir. I want some more.�
Supreme Soviet of Canada, you ask? Certainly. What better name could there be for the corrupted Supreme Court of Canada? In the past, this entity used to stick to the judicial function of upholding the laws and the Constitution as originally enacted and understood by elected representatives of the people in the legislative branch of government. Today, our so-called supreme court behaves more like the defunct politburo of the Soviet Union � an unelected and unaccountable body of amoral dictators that presumes to set public policy for the nation.
Yet hardly anyone in Parliament objects to this judicial usurpation of legislative powers. Conservative Senator Anne Cools and Liberal MP Roger Gallaway are two conspicuous exceptions. Together with counsel for the government of Alberta, they have insisted to the Supreme Court of Canada that instead of imposing gay marriage on Canadians, judges are constrained by the rule of law to uphold the legal definition of marriage as enacted and originally understood in s. 91(26) of the British North America Act, 1867.
In a brief on behalf of the Martin government, Peter Hogg, a former dean of the Osgoode Hall Law School, urged the Court to reject this plea for judicial restraint. That�s typical of the legal profession. Nowadays, most lawyers prefer rule by judges to rule by the people.
Hogg told the court: �Marriage for civil purposes continues to evolve over time in accordance with the values of Canadians. In 21st century Canada, the unions of same-sex couples fall within this current understanding of the essence of marriage. Courts that have recently considered this matter have accepted this evolved understanding, and determined that it is not only consistent with, but requires legal recognition, as a result of the Charter.�
Hogg presented no evidence for his contention that the unions of same-sex couples fall within the current understanding of the essence of marriage. In fact, most Canadians firmly reject this absurd notion.
In a survey conducted late last year for The National Post, Compas Poll asked a representative sample of Canadians a straightforward, non-leading question: �Do you support or oppose keeping the definition of marriage as a union of one woman and one man to the exclusion of all others?� Sixty-three per cent said they support the traditional definition of marriage; 31 per cent were opposed.
Regardless of the will of the Canadian people, the lower courts of some provinces have legalized same-sex marriage. Now, egged on by the Martin government, it�s a foregone conclusion that the Supreme Court of Canada will do the same. It matters not to the government or the court that Parliament has time and again overwhelmingly reaffirmed the historic, legal definition of marriage as the voluntary union for life of one man and one woman.
Let there be no misunderstanding: The courts are bent on imposing the ideology of gay rights. Our judicial rulers will not let even the ostensible guarantee of freedom of conscience and religion in the Charter stand in their way. In an ominous precedent, the Ontario superior court of justice has ordered a Christian print-shop owner to print envelopes and stationery for the Lesbian and Gay Archives, an organization that explicitly promotes both gay pride and pedophilia. If this printer were to disobey this court order, he could end up in jail as a prisoner of conscience.
Who will be persecuted next? Lawyers for the Evangelical Fellowship of Canada, the Canadian Conference of Catholic Bishops and various other faith organizations have begged the Supreme Court of Canada: �Please sirs and madams: Pity our ministers, priests, and rabbis. Have compassion for our church organists; our conscientious caterers, florists, print-shop owners and the custodians of our synagogue halls and church sanctuaries. Do not force them to make their services and facilities available for the blessing of same-sex unions on pain of going to jail.�
Will the Supreme Soviet of Canada grant any of these humble petitions? That remains to be seen.
Rory Leishman
836 Wellington St.,
London, Ontario,
Canada N6A 3S7
Home/Office Phone: 519-439-2676
Home Page: www.roryleishman.com
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