Quotulatiousness

September 22, 2012

“I can no longer shock [conservatives] when I tell them I’m gay – but I can shock gay people when I tell them I’m Conservative”

Filed under: Cancon, Politics — Tags: , , , , — Nicholas @ 10:00

Of all the political changes you might have expected to see in Canada, having Stephen Harper’s Conservatives become pro-LGBT must be one of the least likely:

A mere seven years ago, the Tories were famously the opponents of same sex marriage. Now, the Harper Conservatives freely push gay rights abroad and even host an annual gathering of gay Tories. While they remain the favourite punching bag for Canadian LGBT activists, have the Harper Tories become unlikely warriors for gay rights?

“I can no longer shock people in the conservative movement when I tell them I’m gay – but I can shock gay people when I tell them I’m Conservative,” said Fred Litwin, and former vice-president of the Ottawa Centre Conservatives.

In June, Mr. Litwin was one of the organizers of the Fabulous Blue Tent Party, a gathering of approximately 800 gay Conservatives at Ottawa’s Westin Hotel that went until 3 a.m.

[. . .]

“It’s no secret that the Conservative Party hasn’t always been the biggest champion of gay rights, but public pressure, and quite frankly, society evolving has changed their views,” said Jamie Ellerton, an openly gay former staffer for Mr. Kenney.

“The Conservative Party, like the rest of society, has moved to be more supportive of gay rights in recent years, and I see that trend continuing,” he said.

[. . .]

After the 2011 suicide of gay Ottawa teen Jamie Hubley, Mr. Baird told the House that homophobia has no place in Canadian schools, and then appeared with other Tory MPs in a video for the “It Gets Better Project,” an online campaign looking to curb the disproportionately high suicide rates among LGBT youth.

In June, members of the Tory caucus even came to the rescue of a transgendered rights bill put forward by NDP MP Randall Garrison. Promising to protect transgender people under the Canadian Human Rights Act and make anti-transgender violence a hate crime, the bill passed second reading thanks to the support of 15 Conservative MPs, including Jim Flaherty and Lisa Raitt.

September 19, 2012

Jacob Sullum on the legacy of Thomas Szasz

Filed under: Health, Law, Liberty — Tags: , , , — Nicholas @ 08:48

Jacob Sullum‘s post on the influence the late Thomas Szasz had and continues to have:

The idea that psychiatry became scientifically rigorous soon after Szasz first likened it to alchemy and astrology is hard to take seriously. After all, it was not until 1973 that the American Psychiatric Association (APA) stopped calling homosexuality a mental disorder.

More often, psychiatry has expanded its domain. Today it encompasses myriad sins and foibles, including smoking, overeating, gambling, shoplifting, sexual promiscuity, pederasty, rambunctiousness, inattentiveness, social awkwardness, anxiety, sadness, and political extremism. If it can be described, it can be diagnosed, but only if the APA says so.

[. . .]

For more than half a century, Szasz stubbornly highlighted the hazards of joining such a fuzzy, subjective concept with the force of law through involuntary treatment, the insanity defense, and other psychiatrically informed policies.

Consider “sexually violent predators,” who are convicted and imprisoned based on the premise that they could have restrained themselves but failed to do so, then committed to mental hospitals after completing their sentences based on the premise that they suffer from irresistible urges and therefore pose an intolerable threat to public safety. From a Szaszian perspective, this incoherent theory is a cover for what is really going on: the retroactive enhancement of duly imposed sentences by politicians who decided certain criminals were getting off too lightly — a policy so plainly contrary to due process and the rule of law that it had to be dressed up in quasi-medical, pseudoscientific justifications.

Szasz specialized in puncturing such pretensions. He relentlessly attacked the “therapeutic state,” the unhealthy alliance of medicine and government that blesses all sorts of unjustified limits on liberty, ranging from the mandatory prescription system to laws against suicide.

September 15, 2012

Malaysia working on its “homosexual problem”

Filed under: Asia, Liberty, Religion — Tags: , , — Nicholas @ 10:43

From the Guardian:

The Malaysian government has begun holding seminars aiming to help teachers and parents spot signs of homosexuality in children, underscoring a rise in religious conservatism in the country.

So far, the Teachers Foundation of Malaysia has organised 10 seminars across the country. Attendance at the last event on Wednesday reached 1,500 people, a spokesman for the organisation said.

“It is a multi-religious and multicultural [event], after all, all religions are basically against that type of behaviour,” said the official.

The federal government said in March that it is working to curb the “problem” of homosexuality, especially among Muslims who make up over 60% of Malaysia’s population of 29 million people.

According to a handout issued at a recent seminar, signs of homosexuality in boys may include preferences for tight, light-coloured clothes and large handbags, local media reported.

[. . .]

Official intolerance of gay people has been on the rise. Last year, despite widespread criticism, the east coast state of Terengganu set up a camp for “effeminate” boys to show them how to become men.

H/T to Christopher Taylor for the link.

August 22, 2012

Nash the (gay, conservative) Slash

Filed under: Cancon, Media, Politics — Tags: , , — Nicholas @ 10:16

I’ve always liked the music of Nash the Slash, but I didn’t know much about him — but that’s not uncommon when the artist performs his music while wrapped in bandages so you can’t see his face. Apparently he’s that rarest of creatures: a gay Canadian conservative:

The music industry has been dominated by left-leaning causes since the days of Woody Guthrie and Pete Seeger, not to mention the countless artists who’ve been influenced by Bob Dylan and Neil Young. In Canada, rock stars came out in droves for the funeral of NDP leader Jack Layton, but it’s hard to find one musician who would openly admit to supporting Stephen Harper. While country star Paul Brandt performed at the 2008 Conservative convention and Nova Scotia’s The Trews have a song called Highway of Heroes that’s been adopted by the Tories, neither would agree to an interview about their political views.

“I feel that conservatives are pragmatic and more fiscally responsible [than the Liberals],” says Nash the Slash, the late-’70s-era experimental Canadian artist who has recorded with Neil Young’s famed producer, Daniel Lanois. “I think the left is more carved into stone in some of their intractability and I may get flack for that, but I don’t care. You never see conservatives out there parading at the G20 summit — we tend to be less demonstrative.”

Politically, Nash the Slash’s career tells an interesting story, as he’s also an outspoken gay musician who lives in Leslieville (a Toronto neighbourhood often painted as left-leaning) and used to hoist the occasional beer with Layton. Still, the musician voted for the conservative-minded Rob Ford over gay liberal candidate George Smitherman in Toronto’s 2010 mayoral election, and isn’t afraid to flaunt his right-wing leanings.

“I voted for Rob Ford because I believe in fiscal responsibility and you can call him a bumbling fool, but guess what? We’re not going to have any money to support the gay Pride parade unless we get our books straight,” he says. “If we don’t conserve our money, eventually, we’re all going to turn into Greece.”

It’s not surprising that outspoken right-wing rockers such as Nash the Slash are hard to find, though. Even when conservative politicians reach out to the music world, they tend to find their hands slapped back.

Wikipedia entry for Nash the Slash.

Since 1979 Nash has always performed with surgical bandages covering his face. “During a gig at The Edge in the late ’70s to raise awareness of the threat from the Three Mile Island disaster, he walked on stage wearing bandages dipped in phosphorus paint and exclaimed: “look, this is what happens to you”. The bandages became his trademark.” Prior to 1979, Nash performed three times on TV Ontario’s Nightmusic Concert, first as a solo artist (a live broadcast which was never re-aired), then with FM (Nash and Cameron Hawkins), then again as a solo artist. In all of these appearances Nash wore his typical black tuxedo, top hat, and dark sunglasses, but wore no bandages.

Born Jeff Plewman (as given in copyright depositions at the Library of Congress), he has attempted to keep his true identity the subject of some speculation. In a 1981 interview with the UK magazine Smash Hits, Nash’s response to a question about his real name was “Nashville Thebodiah Slasher”. By never officially confirming or denying his name, some fans came to believe Nash to be an alter ego of Ben Mink, who replaced him as FM’s violinist in 1978. This is a common misconception but he has been photographed onstage with Ben Mink.

August 11, 2012

Kidnapping children to “save them” from gay parents

Filed under: Politics, Religion, USA — Tags: , , , , — Nicholas @ 11:19

Words sometimes fail me, as when I first heard of this notion some religious nutbars are pushing to set up a 21st century underground railroad to “rescue” children from gay and lesbian parents:

As has been widely reported, Bryan Fischer of the American Family Association asserted in a tweet Wednesday that “we need an Underground Railroad to deliver innocent children from same-sex households.” Lest anyone imagine he was speaking merely in metaphor, a second tweet from him linked to a Chicago Tribune story about the impending trial of a Mennonite clergyman “charged with aiding and abetting the kidnapping of Isabella Miller-Jenkins, now 10,” who was spirited out of the country so as to evade court orders mandating visitation with Janet Jenkins, who had helped raise Isabella as part of a same-sex couple. Fischer’s summary: “Head of Underground Railroad to deliver innocent children from same-sex households goes on trial.”

Fischer and his American Family Association, it should be noted, are clownish figures whose extremism is a turn-off even to many true believers on the social right. (It can nonetheless be interesting to observe who deems them respectable enough to associate with; for example, the Values Voter Summit, which draws major political figures like Eric Cantor, Jim DeMint, and Ted Cruz, considers Fischer a suitable speaker and AFA a suitable prominent sponsor.) Anyway, Fischer thrives on outraged publicity from his adversaries, so enough about him. What’s worth rather more attention (and provides some insight into the mounting campaign against gay parenting from some quarters) are the two articles he tweeted.

If you’re not familiar with the epic Miller-Jenkins custody-kidnapping case, it’s worth catching up by way of The New York Times‘ account the other day. (Jenkins’ lawyers at GLAD have posted many of the documents, and I’ve been covering it off and on for years at my Overlawyered blog.) While nothing short of tragic for the individuals involved (the little girl is now growing up in a strange country and for many years has not seen Janet Jenkins, who helped raise her), I concluded a few years ago that its greatest significance as a social turning point was in revealing the new willingness of many in organized religious conservatism, “even the lawyers among them, to applaud and defend the defiance of court orders.” Since then, important sections of the social right have evolved further toward a position on lawbreaking more often historically associated with those well to their left.

US Army’s first openly gay general

Filed under: Military, USA — Tags: , — Nicholas @ 00:08

James Joyner at the Below the Beltway blog:

Tammy Smith has been promoted to brigadier general, thus becoming the first American general officer who also happens to be openly gay.

Stars and Stripes (“Smith becomes first gay general officer to serve openly“):

    Army reserve officer Tammy Smith calls her recent promotion to brigadier general exciting and humbling, saying it gives her a chance to be a leader in advancing Army values and excellence.

    What she glosses over is that along with the promotion she is also publicly acknowledging her sexuality for the first time, making her the first general officer to come out as gay while still serving. It comes less than a year after the end of the controversial “don’t ask, don’t tell” law.

[. . .]

Tom Ricks observes, “It is an interesting moment, in part because it is so uncontroversial.”

While I think Ricks is right, a couple of caveats are in order. First, this just happened today. And most of the news reports thus far are in the gay press and niche outlets. The sole exception is the right-wing Washington Times, which thus far has only a very short clip on the matter presented without commentary. Second, being a lesbian in the military simply hasn’t come with the same stigma as being a gay man. When one of the latter comes out — and it’ll happen sooner rather than later — we’ll really know how much the culture has evolved.

August 7, 2012

Chick-fil-A and the same-sex marriage debate

Filed under: Business, Media, Politics, USA — Tags: , , , , , — Nicholas @ 09:31

Sean Collins at sp!ked:

As welcome as it was to see many stand up for free speech, the focus on First Amendment rights missed the bigger picture. While making principled references to Voltaire, these critical liberals were still using the Chick-fil-A issue to expand the definition of what it means to be ‘homophobic’, so that it now includes the mere utterance of support for traditional marriage. It is noteworthy that Chick-fil-A does not discriminate on the basis of sexual orientation — it has gay employees and it serves gay customers. A franchisee in Chicago has held fundraisers for gay and lesbian groups.

Advocates for same-sex marriage want expressions of support for traditional marriage to be considered beyond the pale and unworthy of debate. It is amazing how fast this issue is moving. Three months ago, Obama was against same-sex marriage — is anyone who espouses that view today now anti-gay and ‘repugnant’? Obama launched his political career in Chicago — was he out of line with ‘Chicago’s values’ until his conversion to the gay-marriage cause 90 days ago? Same-sex marriage has been voted down in all 31 states where it was on the ballot, including in California — are these states filled with ‘bigoted and homophobic’ people?

Millions of Americans, including many CEOs, do not agree with same-sex marriage. But it is clear that Chick-fil-A’s CEO has been singled out because his restaurant chain fits a Culture War stereotype held by many coastal liberals: a Southern-based establishment led by Christians and frequented by ‘backward’ people. It is revealing how pro-gay marriage protesters took the opportunity to condemn Chick-fil-A customers for committing another of today’s sins — being obese. As the New York Times reported, some protesters held signs with ‘warnings that those chicken sandwiches contain a lot of fat and cholesterol’. Dan Turner of the Los Angeles Times helpfully pointed out that ‘a fairly typical meal — a deluxe chicken sandwich with medium waffle fries, a medium Coke and a fudge brownie — contains about enough calories and fat to support a Tunisian village for a week’. The ease with which commentators went from attacking a certain group of people for their beliefs on marriage to attacking them for their eating habits told us a great deal about the elitism that is fuelling the gay-marriage issue.

July 19, 2012

Walter Olson: more red flags in the Regnerus study

Filed under: Health, Politics, USA — Tags: , , , , , — Nicholas @ 11:00

Some studies provide results that challenge common beliefs and understandings. Others reinforce them. But some studies are designed from the desired results backwards. The Regnerus study on gay parents’ influence on their children appears to be one of the latter. Walter Olson points out that even in its own terms, the study shows something different from what it is intended to:

By now almost everyone has had a whack at the recent Mark Regnerus (University of Texas) study claiming that young adults who report having a gay parent score worse on a range of life-success indicators than children from intact biological families. According to the study, these kids as young adults have lower educational attainment, are arrested more often, and have more trouble in their own relationships, among other problems. Critics have pointed out that the story is mostly one of collapsed heterosexual families, not “same-sex parenting”: The great majority of the kids were born to male-female couples, most of the presumedly gay dads and many of the moms didn’t get custody of their kids after their relationships dissolved, and few of the kids were actually raised through long periods by gay couples. LGBT advocates point out that sociologist Mark Regnerus accepted $695,000 from the anti-gay Witherspoon Institute to carry out the study.

But many critics have missed one of Regnerus’ most unexpected findings, one that may illuminate his study’s shortcomings. Specifically, and feeding into pretty much all the other problems, the study diagnoses children of gay parents as having a huge problem with poverty. Here’s Regnerus:

    Sixty-nine (69) percent of LMs [respondents with lesbian mothers] and 57% of GFs [those with gay fathers] reported that their family received public assistance at some point while growing up, compared with 17% of IBFs [those with intact two-parent biological families]; 38% of LMs said they are currently receiving some form of public assistance, compared with 10% of IBFs. Just under half of all IBFs reported being employed full-time at present, compared with 26% of LMs.

Those are big gaps. And of course they’re much at odds with the affluent image of gay families presented in both pro- and anti-gay-parenting literature as well as Modern Family-style popular entertainment. What do they signify?

Probably the biggest single reason is the one cited at the outset: This is mostly a survey of what happens when heterosexual families crack up. (Interestingly, if a married couple stayed together, they were counted as an “IBF,” no matter whether one or both partners pursued same-sex liaisons.) Decades of data indicate that children of family breakup do worse than children whose parents stay together, on many variables related to adult success. One reason, though not the only reason, is that they grow up significantly poorer.

June 23, 2012

The Turing inquest verdict of suicide may not have been consistent with the evidence

Filed under: Britain, History, Law — Tags: , , — Nicholas @ 08:46

Brilliant mathematician Alan Turing died in an apparent suicide after undergoing chemical castration, but the inquest seems to have rushed to a conclusion:

At a conference in Oxford on Saturday, Turing expert Prof Jack Copeland will question the evidence that was presented at the 1954 inquest.

He believes the evidence would not today be accepted as sufficient to establish a suicide verdict.

Indeed, he argues, Turing’s death may equally probably have been an accident.

[. . .]

The motive for suicide is easy to imagine. In 1952, after he had reported a petty burglary, Turing found himself being investigated for “acts of gross indecency” after he revealed he had had a male lover in his house.

Faced with the prospect of imprisonment, and perhaps with it the loss of the mathematics post he held at Manchester University, which gave him access to one of the world’s only computers, Turing accepted the alternative of “chemical castration” — hormone treatment that was supposed to suppress his sexual urges.

It is often repeated that the chemicals caused him to grow breasts, though Turing is only known to have mentioned this once.

[. . .]

In his authoritative biography, Andrew Hodges suggests that the experiment was a ruse to disguise suicide, a scenario Turing had apparently mentioned to a friend in the past.

But Jack Copeland argues the evidence should be taken at face value — that an accidental death is certainly consistent with all the currently known circumstances.

The problem, he complains, is that the investigation was conducted so poorly that even murder cannot be ruled out. An “open verdict”, recognising this degree of ignorance, would be his preferred position.

None of this excuses the treatment of Turing during his final years, says Prof Copeland.

May 7, 2012

Reason.tv: The True Story of Lawrence v. Texas

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 00:07

March 31, 2012

Nick Gillespie on the “bully” crisis that isn’t

Filed under: Education, Law, Liberty, Media, Politics — Tags: , , , , , , , — Nicholas @ 10:35

There’s an ongoing major media story about bullies, but Nick Gillespie says the crisis doesn’t really exist:

“When I was younger,” a remarkably self-assured, soft-spoken 15-year-old kid named Aaron tells the camera, “I suffered from bullying because of my lips—as you can see, they’re kind of unusually large. So I would kind of get [called] ‘Fish Lips’—things like that a lot—and my glasses too, I got those at an early age. That contributed. And the fact that my last name is Cheese didn’t really help with the matter either. I would get [called] ‘Cheeseburger,’ ‘Cheese Guy’—things like that, that weren’t really very flattering. Just kind of making fun of my name—I’m a pretty sensitive kid, so I would have to fight back the tears when I was being called names.”

It’s hard not to be impressed with — and not to like — young Aaron Cheese. He is one of the kids featured in the new Cartoon Network special “Stop Bullying: Speak Up,” which premiered last week and is available online. I myself am a former geekish, bespectacled child whose lips were a bit too full, and my first name (as other kids quickly discovered) rhymes with two of the most-popular slang terms for male genitalia, so I also identified with Mr. Cheese. My younger years were filled with precisely the sort of schoolyard taunts that he recounts; they led ultimately to at least one fistfight and a lot of sour moods on my part.

Ah, yes, the joy of classmates discovering that “Nick” is such a useful name for casual abuse. It was part of the reason I’ve insisted on using “Nicholas” ever since I got into the working world. Bullies were certainly part of my early school experience, and that of my own son. Rather like the changing of the seasons, they were just part of the school environment. I got into a few fights, but quickly learned that most other boys had a weight and reach advantage over me that resulted in a fairly quick end to each fight. The bullying tapered off in high school, but I tried to minimize the opportunities for it to happen, too. I have very few remaining friends from school — but that’s partly a reflection of the fact that I had relatively few friends in school.

Part of the perceived problem with bullies is that parents are much more involved in their kids’ lives than earlier generations:

How did we get here? We live in an age of helicopter parents so pushy and overbearing that Colorado Springs banned its annual Easter-egg hunt on account of adults jumping the starter’s gun and scooping up treat-filled plastic eggs on behalf of their winsome kids. The Department of Education in New York City — once known as the town too tough for Al Capone — is seeking to ban such words as “dinosaurs,” “Halloween” and “dancing” from citywide tests on the grounds that they could “evoke unpleasant emotions in the students,” it was reported this week. (Leave aside for the moment that perhaps the whole point of tests is to “evoke unpleasant emotions.”)

Politicians, always eager to be seen to be “doing something”, are lining up to “do something” about bullying:

Last year, in response to the suicide of the 18-year-old gay Rutgers student Tyler Clementi, the state legislature passed “The Anti-Bullying Bill of Rights.” The law is widely regarded as the nation’s toughest on these matters. It has been called both a “resounding success” by Steve Goldstein, head of the gay-rights group Garden State Equality, and a “bureaucratic nightmare” by James O’Neill, the interim school superintendent of the township of Roxbury. In Congress, New Jersey Sen. Frank Lautenberg and Rep. Rush Holt have introduced the federal Tyler Clementi Higher Education Anti-Harassment Act.

The Foundation for Individual Rights in Education has called the Lautenberg-Holt proposal a threat to free speech because its “definition of harassment is vague, subjective and at odds with Supreme Court precedent.” Should it become law, it might well empower colleges to stop some instances of bullying, but it would also cause many of them to be sued for repressing speech. In New Jersey, a school anti-bullying coordinator told the Star-Ledger that “The Anti-Bullying Bill of Rights” has “added a layer of paperwork that actually inhibits us” in dealing with problems. In surveying the effects of the law, the Star-Ledger reports that while it is “widely used and has helped some kids,” it has imposed costs of up to $80,000 per school district for training alone and uses about 200 hours per month of staff time in each district, with some educators saying that the additional effort is taking staff “away from things such as substance-abuse prevention and college and career counseling.”

Bullying is a problem, but it’s neither new nor growing:

But is bullying — which the stopbullying.gov website of the Department of Health and Human Services defines as “teasing,” “name-calling,” “taunting,” “leaving someone out on purpose,” “telling other children not to be friends with someone,” “spreading rumors about someone,” “hitting/kicking/pinching,” “spitting” and “making mean or rude hand gestures” — really a growing problem in America?

Despite the rare and tragic cases that rightly command our attention and outrage, the data show that things are, in fact, getting better for kids. When it comes to school violence, the numbers are particularly encouraging. According to the National Center for Education Statistics, between 1995 and 2009, the percentage of students who reported “being afraid of attack or harm at school” declined to 4% from 12%. Over the same period, the victimization rate per 1,000 students declined fivefold.

March 18, 2012

“Santorum’s own web site suggests that seeing this turned between 15 and 25% of the crowd insta-gay”

Filed under: Liberty, Media, Politics, USA — Tags: , — Nicholas @ 10:31

Title courtesy of Popehat’s Twitter feed. Article at Gawker:

Santorum’s virgin eyes have been tarnished by sin — as a protest against the Republican presidential candidate’s vehemently anti-gay policies, two men got the attention of the crowd at an Illinois rally and kissed each other. Guards removed the men from the gym as the crowd chanted “U-S-A.” Because nothing is more American than repression.

February 21, 2012

UK Catholic sex-ed includes materials plagiarized from John Norman’s Gor series

Filed under: Books, Britain, Education, Humour, Media — Tags: , , — Nicholas @ 10:33

Really, it’s another of those stories that are “so weird that it’s too good to verify“:

As The Guardian reports today, Catholic faith schools in Lancashire have been handing out copies of a booklet called “Pure Manhood: How to become the man God wants you to be”, written by an American fundamentalist preacher. The booklet includes statements like this: “the homosexual act is disordered, much like contraceptive sex between heterosexuals. Both acts are directed against God’s natural purpose for sex — babies and bonding.” It also insists that, “scientifically speaking, safe sex is a joke”.

[. . .]

Weird ideas about sex, however, are not the only strange things in the booklet. All sorts of aspects of macho-ness are explored, including the need for real men to kill animals to prove their virility. There is a particularly bizarre passage about how to kill a wolf by sacrificing a goat. I won’t go into the gory details. The important point is that, as this blog post reveals, that piece of text was lifted from the book Beasts of Gor by John Norman.

February 4, 2012

When Canada’s Department of Transport became transphobic

Filed under: Bureaucracy, Cancon, Government, Liberty — Tags: , , , , — Nicholas @ 11:48

Tabatha Southey has an interesting article in the Globe & Mail. I was unaware that the Canadian Forces now support transitioning transgendered soldiers (and have done for more than a decade), but that another branch of the government headed in quite the opposite direction last year:

While I think we should take the transgender community’s word for it — that transitioning works to transform often excruciatingly unhappy gender-dysphoric people into contented people — there are lots of studies that back them up as well.

It’s hardly something that anyone would do for kicks. Transitioning isn’t for sissies, which is why it’s heart-warming that our military made a practical and humane decision to accommodate transgender soldiers. And it’s also why it’s unfortunate that since July, 2011, a Department of Transport rule has been on the books that could prevent those same transitioning soldiers from flying home for Christmas.

The existence of this rule was brought to light this week by blogger Jennifer McCreath. It states that if “a passenger does not appear to be of the gender indicated on the identification he or she presents,” that person is not allowed to fly.

I’m prepared to believe those who say transgender and inter-sex people aren’t the demographic the rule aims to catch, but that leaves me wondering who it is the authorities are trying to nab.

January 12, 2012

Federal government throws a wrench into the same-sex marriage debate

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:20

Updated below: I should retract my implication that this was a deliberate ploy by the federal government to re-open the same-sex marriage debate. It clearly is not, and was not any kind of political ploy — although at least one lawyer in the Justice department feels it should be. Original post:

Just when we thought the whole thing had been settled, Ottawa decides to toss their social conservative base a bone:

The Harper government has served notice that thousands of same-sex couples who flocked to Canada from abroad since 2004 to get married are not legally wed.

The reversal of federal policy is revealed in a document filed in a Toronto test case launched recently by a lesbian couple seeking a divorce. Wed in Toronto in 2005, the couple have been told they cannot divorce because they were never really married — a Department of Justice lawyer says their marriage is not legal in Canada since they could not have lawfully wed in Florida or England, where the two partners reside.

The government’s hard line has cast sudden doubt on the rights and legal status of couples who wed in Canada after a series of court decisions opened the floodgates to same-sex marriage. The mechanics of determining issues such as tax status, employment benefits and immigration have been thrown into legal limbo.

This new development will certainly re-invigorate the debate about same-sex marriage — perhaps to head off a debate about polygamy (there are many Muslim families living in Canada with the husband having more than one wife, for example).

Update: Matt Gurney offers a more comprehensible account of the court case and the government’s response:

The legalities of the situation are complex. The unidentified couple, whose names are covered by a publication ban, returned to Canada to apply for a divorce after being married here seven years ago. They were not able to obtain said divorce because under the Divorce Act, applicants must be residents of Canada for at least 12 months. This couple does not, and seemingly never has, lived in Canada. They just chose to marry (and split up) here because it was not possible for them to do so in their home jurisdictions.

Uninterested in living in Canada for a year just to get divorced, the couple filed a Charter claim against the Ontario and federal governments, claiming that the residency requirement violated their Section 7 right to “life, liberty and security of the person” and their Section 15 right to equality under the law. These both seem to be spurious arguments — but rather than fight them on their own (lacking) merits, a government lawyer instead deployed this humdinger of a legal manoeuvre: They can’t get divorced because it turns out they were never married at all.

Done! Easy-peasy. Let’s break for lunch.

The government is arguing that since Florida and the U.K. — the home jurisdictions of the estranged couple — don’t recognize gay marriages, a gay marriage licence issued in Canada isn’t legally valid. People living in Canada, Canadian or otherwise, would have no problem, because Canada does recognize same-sex unions. But if your home country or state doesn’t, then the government has argued that a Canadian marriage has no standing in law. Weird, but true.

[. . .]

To be clear — the suggestion that these couples were never married under Canadian law, a suggestion advanced by a single government lawyer — is ridiculous. The notion that Canadian law should be dependent on the local laws of every single other jurisdiction on the planet is asinine. A government that has made so much of standing up for Canada’s values on the world stage has no business declaring our own laws subservient to any other land’s. We might not have the hard- or soft-power to give our laws much weight abroad, but we can at least honour them in our own country.

Update, 13 January: The government is actually responding quickly and correctly to the story:

Canada’s justice minister says all same-sex marriages performed in Canada are legally recognized and the government is working to ensure foreign couples married here can divorce if they chose to.

“Marriages performed in Canada that aren’t recognized in couple’s home jurisdiction will be recognized in Canada,” Justice Minister Rob Nicholson said Friday in Toronto.

“I want to be very clear that our government has no intention of reopening the debate on the definition of marriage,” he added.

[. . .]

“I want to make it clear that in our government’s view, these marriages are valid,” Nicholson said.

[. . .]

The Harper government went immediately into damage control and denied that they were looking into the issue.

“We’re not going to reopen that particular issue,” Prime Minister Stephen Harper told reporters Thursday.

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