Monday, July 13, 2015

Those who liberty is in the law

Holding a balance for freedom takes tension.   Source  :

What if the law was all based on a principle and value - equality . It would get lots of support ( being simple ), easy to understand  but ruthless in its devastation of another valued trait in nature - diversity.  20th century tyrants and the logic they used with the people demonstrate so.

Our own press have , like Orwell finally noted the shallowness of the game going on in their territory ,
"The Australian parliament should not legislate the right to same-sex marriage on the altar of denying institutions and individuals the right to their conscience."

Why are our leaders about to do?

"If the Australian parliament intends to create a legal regime with this consequence then the law-makers must justify this to the ­people and explain how such ­calculated intolerance leads to a better society. The legalisation of same-sex marriage means the laws of the state and the laws of the church will be in conflict over the meaning of the most important institution in society. This conflict between the civil and religious meaning of marriage will probably be untenable and marked by litigation, attempts to use anti-discrimination law and entrenched bitterness. But an effort ought to be made to make it tenable on the basis of mutual tolerance."

Does anyone know what the action is all for ?
"Is it merely to allow gays to marry? Or is its ultimate purpose to impose “marriage equality” across the entire society, civil and religious. Ideologies do not normally stop at the halfway mark. Is “marriage equality”, as designed and evolving by its advocates, an ideology that can live with two different concepts of marriage, civil and religious? The Amici brief makes clear that limiting religious exemptions to just pastors performing wedding ceremonies is completely inadequate. There is a wide range of other issues to be considered. Must religious colleges provide married housing to same-sex couples? Must churches and synagogues employ spouses in same-sex marriages even though this flouts their religious teaching? Must religious social-service agencies place children for adoption with same-sex couples?
Will religious institutions be penalised by losing government contracts, tax exemptions and access to public facilities? Will religious institutions and schools be penalised if they teach their own beliefs about marriage, thereby contradicting the state’s view of marriage? Or will the state laws via anti-discrimination legislation be mobilised to force the state’s view on to religious institutions?"

What of the provision of ser­vices?
" In much of the US a gay publicist can refuse to provide services for an anti-gay event. That is acceptable under the law. Can a person decline to provide services for a gay marriage, not because the person discriminates against gays but because they see the marriage as a religious event and therefore it defies their religious beliefs? The Amici brief argues that it is essential to distinguish the two relationships — protecting the right of same-sex couples to civil marriage and protecting religious actors’ right to uphold their view of religious marriage.
The US Supreme Court decision in Obergefell v Hodges is flawed for two reasons. First, as Chief Justice John Roberts said in dissent: “The court is not a legislator. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be.”
This decision is an arrogant denial of US democracy and law-making even though it follows a US tradition of law creation by the Supreme Court. The Supreme Court pre-empted the process by which state legislature after state legislature was voting on same-sex marriage."

"As Tim Wilson knows, this is not the way to proceed. It only guarantees institutional division and rancour. The core question remains: what is the real ideological objective of the same-sex marriage campaign?"