Religions > Atheism > Re: Gay Marriage Ban wins handily in all 11 states where it is on the ballot
| Topic: |
Religions > Atheism |
| User: |
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| Date: |
08 Nov 2004 02:58:42 PM |
| Object: |
Re: Gay Marriage Ban wins handily in all 11 states where it is on the ballot |
"Nathan A. Barclay" <nbarclay@hiwaay.net> wrote:
:|Do you realize that what you are demanding with regard to insurance is that
:|homosexual couples be given a financial advantage over single people? In my
:|view, such a position goes against MY right to the equal protection of the
:|laws. I'm willing to accept special benefits for heterosexual married
:|couples because of the special ties between heterosexual relationships,
:|reproduction, and child-rearing. But I see no similar reason why we should
:|provide homosexual couples with financial advantages over single people.
:|
Some questions for you: from
SAME SEX MARRIAGE BRIEF
March 3, 2003
http://64.233.161.104/search?q=cache:Ja4qk2Ma0ewJ:f2malberta.topcities.com/brief1.html++Same+Sex+Marriage+Brief&hl=en
http://makeashorterlink.com/?J3C813BB9
*********************************************
Is marriage a right?
"The freedom to marry has long been recognized as one of the vital personal
rights essential to the orderly pursuit of happiness by free men." (US
Supreme Court: Loving v. Virginia, 1967. This was the ruling that allowed
mixed-race marriages throughout the U.S.)
Definition of ‘personal right’ - Affecting or relating directly to an
individual person.
Why people marry?
Most ancient societies needed a structured set of rules to handle the
granting of property rights, the institution of marriage managed this need
effectively. For much of Western history, marriage was an exchange of
property; a union of property, money and lineage not so much as the union
of love.
Today, if you asked six different people on the street this question, you
would probably receive six different answers. Some of which may be:
* Love - affection based on admiration, benevolence, or common
interests
* Companionship - the fellowship existing among companions; one
attached to another by
affection or esteem
* Financial stability - firmly established regarding money or other
liquid resources of a
government, business, group or individual
* Procreation - to beget or bring forth (offspring)
* Social status - of, relating to, or based on rank or status in a
particular society
* Religion - a personal set or institutionalized system of religious
attitudes, beliefs, and practices
Procreation essential for marriage?
The Justice Minister has stated in the Discussion Paper regarding Same-sex
marriage, “Many people in Canada believe that marriage is fundamental to
our society, and that its primary function is to create a stable and
supportive foundation for procreation and raising children.”
Questions
* If marriage is predominately for procreation, are the marriages of
childless or infertile couples still valid?
* Will women or men who are informed they will not be able to produce
or carry a child still be able to marry?
* Should men and women past the age of childbearing/rearing years be
allowed to marry?
* If a couple who is capable of procreating but make a joint decision
not to have children, yet still marry, is that marriage legitimate?
The Marriage Act
“I conceive that marriage, as understood in Christendom, may…be defined as
the voluntary union for life of one man and one woman to the exclusion of
all others.” Lord Penzance in Hyde v Hyde (1866).
In Canada and most of the world, the above statement has been the
traditional and most established view in regards to marriage but the
Divorce Act developed in 1967-68 c.24 provided for divorce. Prior to this
act, a private act had to be passed by Parliament before a couple could
obtain a legal divorce. Thus changing the purity of marriage forever and
removing the phrase, “to the exclusion of all others.”
It has been stated by Mr. Daniel Cere (Director, Institute for the Study of
Marriage, Law and Culture), “...This destabilization caused by redefining
marriage in terms congruent with same-sex experience, will be felt most
significantly not by the small number of gay and lesbian couples who might
be interested in marriage but by the myriad young men and women struggling
to forge meaningful, stable, opposite-sex bonds in their lives...”
As per Stats Canada (1997-2000), marriage as it is currently, has been
destabilizing at an approximate average of 45% in the past four years.
Since heterosexuals can only be married, it would seem logical to state
that heterosexuals are responsible for the high divorce rate and
destabilizing the foundation of marriage.
Questions
* Will allowing same-sex marriage affect your marriage?
* Would you consider a heterosexual marriage stable, if they divorce
due to homosexuals being allowed to marry?
* Is a religious marriage valued higher than a civil marriage?
Religious Beliefs
Some religious communities have stated that allowing same-sex marriage
would violate their beliefs and defile the sanctity of marriage. If such is
true then the beliefs of the Metropolitan Community Church have been
greatly violated.
Rev. Brent Hawkes of Toronto's Metropolitan Community Church is quoted as
saying, "The ban on gay marriage violates the religious rights of those
churches which minister to gays and lesbians. It is the Metropolitan
Community Church's constitutional right to practice its religion and is
violated by the ban. The infringement is more sweeping than just its impact
on MCCT, for it is apparent that there is at least one other religious
denomination whose official doctrine supports recognition of all same sex
marriages, namely the Canadian Unitarian Church. Other faiths such as the
Quakers and the Reform Jews would permit individual rabbis or congregations
to offer same sex marriages in the absence of legal impediment."
There are numerous religious views and beliefs currently being practiced in
Canada, which may or may not agree with everyone. As a Canadian it is my
prerogative to believe in what I want but it does not entitle me to deny a
person their rights because of those beliefs.
Questions
* Is there one true religion that allows their beliefs above everyone
else’s?
* Is the government and church separate entities? Should one influence
the other?
* Should an individual who has specific beliefs be permitted to force
their views on an individual who does not have the same beliefs?
Common Law
Living common law has been a frequent happening with many same-sex and
heterosexual couples. It was relatively similar to marriage and did not
require the ‘little piece of paper’ that legally joins them together.
With the Supreme Court of Canada’s decision (June 14, 2002), the definition
of a common law relationship has changed.
“…The decision to marry or not is intensely personal. The decision to live
together is insufficiently indicative of an intention to contribute to and
share in each other's assets and liabilities. While many unmarried
cohabitants have agreed as between themselves to live as economic partners
for the duration of their relationship, it does not necessarily follow that
these same persons would agree to restrict their ability to deal with their
own property during the relationship or to share in all of the other's
assets and liabilities following the end of the relationship. People who
marry can be said to freely accept mutual rights and obligations. A
decision not to marry should be respected because it also stems from a
conscious choice of the parties.
The situation of couples who have chosen life commitment through marriage
is not comparable to that of unmarried couples when one considers that with
married couples, there is a permanent and reciprocal life commitment, to
which the legislature has attached, among other things, a presumption of
equal division of matrimonial assets. Unmarried couples do not make that
same commitment, and rights and duties akin to marriage should not as a
result follow. The fundamental differences between common law and married
couples make them inappropriate comparator groups in this respect. The fact
that some unmarried couples have relationships similar to those of married
couples does not undermine the central distinguishing feature of the
institution of marriage: permanent contractual commitment. When couples
marry, they commit to respect the consequences and obligations flowing from
their choice. It is this choice that legitimates the system of benefits and
obligations attached to marriage generally, and, in particular, those
relating to matrimonial assets. To extend the presumption of equal division
of matrimonial assets to common law couples would be to intrude into the
most personal and intimate of life choices by imposing a system of
obligations on people who never consented to such a system. To presume that
common law couples want to be bound by the same obligations as married
couples is contrary to their choice to live in a common law relationship
without the obligations of marriage…”
As such, same-sex couples do not have the decision to marry therefore must
rely on the common-law status, which does not provide the same benefits as
marriage.
Questions
* Should common-law and marriage be two very distinctive entities?
* Is marriage valued above common-law?
Sexuality
According to Health Canada, “…If you are gay - don't waste your life
wishing you
were someone else. Be proud of what you are and who you are…”
This contradicts Mrs. Gwendolyn Landolt’s view of “…First, Masters and
Johnson found in their research that 69% of the homosexual couples...that
they want to, have changed. It is changeable...”
It is a concern that Health Canada does not suggest for gays and lesbians
to seek assistance, medical or psychological, if Mrs. Landolt’s statement
was true. According to the Canadian Health Network, it is not known why
some people are attracted to the same sex and some scientists believe there
are biological or physical factors involved. In fact this Canadian
Government website states that homosexuality is not caused by: a) they way
they were raised; b) had a sexual experience of the same sex when they were
young; c) are mentally ill; d) are abnormal.
Questions
* Who is right, Mrs. Landolt or Canada Health?
* Since homosexuality is no longer deemed a psychiatric illness and
Health Canada does not appear to be concerned that Canadians are not
seeking help to ‘change’, is it possible that people can actually fall in
love with someone of the same sex?
One Man and One Woman
In Corbett vs Corbett, it was stated that “…The normal individual has 23
pairs of chromosomes in his ordinary blood cells, one of each pair being
derived from each parent. One pair is known to determine the sex of normal
individuals. The normal female has a pair which is described as XX; the
normal male a pair which is described as XY. The Y chromosomes can be
distinguished from the X. In the male, the X chromosome is derived from the
mother and the Y from the father. In the female, one X chromosome is
derived from the father and one from the mother. All of the ova of a female
carry an X chromosome but the male produces two populations spermatozoa,
one which carries Y and the other X chromosome. Fusion of a Y spermatozoon
with an ovum produces an embryo with XY chromosomes which, under normal
conditions, develops into a male child; fusion of an ovum with a X
spermatozoon produces a XX embryo which becomes a female child. Various
errors can occur at this stage which lead to the production of individuals
with abnormal chromosome constitutions, such as XXY and XO (meaning a
single X only). …”
Yet, the Honorable Justice Chisholm (Australia - Kevin and Jennifer)
determined that a biological female who had undergone Gender Reassignment
Surgery, was a man. In the 88 legal-size page document he states, “…With
this definition, there are great possibilities of a biological male who
could have “underdeveloped testes and breast enlargements”.
Most recently another female to male transsexual who underwent partial
Gender Reassignment Surgery was determined to be a male, although a penis
had not been constructed. (Kantaras vs Kantaras - Florida)
Questions
* If a woman has had her breasts removed because of cancer and then her
uterus, is she still a woman?
* Does a man require a penis to be a man?
* If a woman or man has a serious accident and no longer have the
appropriate ‘parts’, are they still considered a man or woman?
* Is gender defined within one’s self or by society and the government?
Family
“…In fact, in the case of homosexual parenting, there is a total absence of
substantial criticism of the literature. Now, this has been reviewed, all
the literature on homosexual parenting, and the evidence from several
studies does not establish that homosexual parenting is equivalent to
heterosexual parenting. The unreliability of current studies on same-sex
parenting was determined in a number of studies…” – Mrs. Gwendolyn Landolt
(National Vice-President, REAL Women of Canada)
A typical routine for a family of four:
Get up, have breakfast, make sure kids are ready for school, get them off
to school, leave for work, come home from work, make supper, help kids with
homework, reading time for ½ hour, TV or game time, kids to have bath or
wash up, kids to bed, make kids lunches, relax, bedtime.
Does the above determine the gender of the parents? Most damage that is
done to children with gay parents is when they are exposed to the
discriminating views of others towards their parents or themselves. There
are heterosexuals that make bad parents just as the same as homosexuals; it
has nothing to do with sexuality only their parenting skills.
“…In fact, traditional marriage is the only unit in society that expands
resources to care for children on a routine and sustaining basis...” - Mrs.
Gwendolyn Landolt (National Vice-President, REAL Women of Canada)
There are many different family units in Canada consisting of two parents,
single parents, same-sex parents, grandparents, guardians, aunts and
uncles.
In the New Lexicon Webster’s Encyclopedic Dictionary of the English
Language (Canadian Edition), family is described as:
1) a group consisting of parents and their children; 2) the children of two
parents; 2) a group of people closely related by blood, e.g. children and
their parents, their cousins, their aunts and uncles; 4) a group consisting
of individuals descended from a common ancestry, an old army family; 5) a
household; 6) unit of a crime syndicate
usually in a specific geographic area; 7) a group of related genera
animals, plants, languages etc.; 8) (rhet.) a harmonious group of bound
together by common interests, the family of nations.”
If you agree with the above definition, then marriage does not dictate a
family unit.
Questions
* Children that have only one parent or a grandparent, are they
considered less because they do not have two parents?
* In retrospect, children that have gay parents, are they considered
less because they do not have heterosexual parents?
Personal Information
My family consists of two parents and five children. My husband-to-be is a
female to male transgender. He has 3 young boys and I have two teenagers.
Between the two of us we have 5 children. Now tell me, are we a family?
I have received a letter from Mr. Hancock, Alberta Justice Minister, which
states that after Kevin’s surgery we are able to marry. After? Why?
Questions
* Is it stated somewhere that a man must have a penis?
* Does the government have a law that indicates what a man or woman is?
* Is it because his birth certificate will then state M instead of F?
* Will his personality suddenly change when he has a penis constructed?
* Will our relationship become stronger simply because he will be
considered a male by law?
* Why are we allowed to marry in one-two years, but not now?
Conclusion
Marriage requires love, trust, devotion, and cooperation. It is a
partnership that takes an enormous amount of hard work in order for it to
be successful. The reward of having a successful marriage is realizing and
believing that your partner loves you with all his/her heart. This
individual is someone you can depend on in a time of need, or someone you
can refer to as your best friend. The decision of choosing the person you
will spend the rest of your life with may be the most important one you
will ever make.
However, imagine not being able to make this decision for yourself. Imagine
that you are told which person you may or may not marry. Imagine being
forced into an arranged marriage or the brides’ dowry is not sufficient,
you are lower-class and the Lord or Baron of the land refuses to give his
consent or the government dictates that you may only marry within your
class.
In spite of the dictatorship, which is in our past, we have evolved from
such archaic and feudalistic thinking, have we not?
Recommendations
Same-sex marriage should be allowed:
* Because families are defined by love not gender.
* Because hatred is not a family value.
* Because to do anything else would show our children, Canada
encourages discrimination.
References:
Religious Tolerance - http://www.religioustolerance.org/hom_marr.htm
World Wide Legal Information Association -
http://www.wwlia.org/ca-lawof.htm
British North America Act, 1867 - Enactment no. 1 -
http://canada.justice.gc.ca/Loireg/rapport/en/p1t1-3.html
Researching Canadian Legislation
- http://www.umanitoba.ca/faculties/law/library/workshoplegis99answers.html
The Vatican Official Website - http://www.vatican.va
Vatican’s Views on Marriage -
http://vatican.nlb.mondosearch.com/catechism-marriagematrimony.html
Department of Justice Canada - http://canada.justice.gc.ca/en/index.html
Equal Marriage for Same Sex Couples - http://www.samesexmarriage.ca
Statistics Canada - http://www.statcan.ca/english/Pgdb/famil02.htm
Supreme Court of Canada – Decision re: Common law status
-
http://www.lexum.umontreal.ca/csc-scc/cgi-bin/disp.pl/en/rec/html/walsh.en.html?query=%22Susan%22%20AND%20%22Walsh%22%20AND%20%22Wayne%22%20AND%20%22Bona%22&langue=en&selection=&database=en/rec&method=all&retour=/csc-scc/cgi-bin/srch.pl?language=e
Standing Committee on Justice and Human Rights – Evidence: February 11,
2003
-
http://www.parl.gc.ca/InfoComDoc/37/2/JUST/Meetings/Evidence/JUSTEV15-E.HTM
Canadian Health Network
-
http://www.canadian-health-network.ca/faq-faq/sexuality_reproductive_health-sexualite_reproduction/3e.html
Health Canada - http://www.hc-sc.gc.ca/hppb/hiv_aids/youth/journey/final_w
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