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Lex malla, Lex nulla (Canada Legalized Gay Marriage Effective 2004)
May 1, 2003 | Adam Yoshida

Posted on 05/01/2003 4:30:44 PM PDT by adamyoshida

Lex malla, Lex nulla

The recent ruling of the BC Court of Appeal, declaring that the Federal Government must impose gay marriage upon the people of Canada in little more than a year or have it imposed directly by the courts, is a landmark decision in every sense of the word. For this decision is more than just another simple occasion where a small elitist and radical clique tells the great majority of our people that their views and their values no longer matter, and that when they conflict with the sentiments of the politically correct left they will simply be overruled. It is much more than that: this is a critical step in the Europeanization of our country, a long and slow process whereby representative democratic bodies and their decisions are phased out and replaced by unelected courts, boards and tribunals who legislate by fiat, imposing upon the people values and concepts which they find morally unacceptable and repellent.

Who elected the Judges of the BC Court of Appeal? What gives them the right to say to the couple who has been married for fifty years and which has five children and six grandchildren that, “you are no different than John and Jack who met one hot and noisy night in Stanley Park”? For thousands of years marriage has been between one man and one woman. If we allow gays to marry how long can it be before, given that we have already declared that whoever and whatever can marry as they like, we allow polygamy and bigamy? If a man and a man can be married, on what grounds should we disallow the marriage between blood relatives? The decision renders the act of marriage meaningless for all people. It is yet another blow to families in our Province, another step down the well travelled road towards the destruction of the traditional family altogether.

Leaving all of that aside for the moment, whatever you think about gay marriage, such a radical revolution in our society cannot and should not be forced upon us by courts and judges. The words of the great Justice Ken Smith are not handed down to us upon great stone tablets. In the days and years to come, as the Courts continue to impose this upon us, all of us should remember a single simple Latin phrase: lex malla, lex nulla, a bad law is no law. We should fight this judicially-imposed abomination and, failing we should simply refuse to follow it.

Of course, any opposition to this decision will soon be declared, by people who think so highly of themselves that they give out self-portraits for Christmas (assuming, of course, that they haven’t stopped celebrating Christmas to protest against Capitalism or to join in Wiccan rites), to be ‘homophobic’ or ‘heterosexist’. Just like Chris Kempling, a teacher who was suspended for writing polite and respectful letters to newspapers and political figures expressing his moral opposition to homosexuality, all of us who oppose this will soon find ourselves vilified and figuratively crucified for our beliefs.

What we think about homosexuality must be determined by what we believe about the origins of the thing. If homosexuality is, as it was originally maintained, a biological phenomenon, then we must conclude that homosexuals are deserving of protection because, well, they can’t help themselves. If, as the rights activists of today would seem to contend, homosexuality is a choice, then it is no more deserving of special consideration than foot fetishism. Certainly no sane person would argue that the homosexual lifestyle is a positive thing, a cursory examination of the life expectancy of homosexuals shows this much. According to one study Gay Men in the United States enjoy a life expectancy of just forty-three years.

The homosexual lifestyle is one of the abandonment of all responsibility and restraint. Some would argue this is a positive thing, I would not. Homosexuality is something that exists, and we must accept its existence, but it should be marginalized and minimized, not encouraged and officially endorsed. It is the final step in the destruction of the family and the traditional order, a building block of a utopian, libertine existence that a few radicals hope to create by destroying all of our old morals and traditions.

Now, of course, people will accuse me of ‘hating’ homosexuals for saying these things. Nothing could be farther from the truth, I have no hatred for homosexuality, I just have no desire to join them or to see society endorse their lifestyle in any way, shape, or form. Isolated gays pose no danger to us, we should pity them and try to help them, not hate them. But we should certainly not be so stupid and naïve as to attempt to pretend that being gay is good or normal.

However, you will never hear these issues realistically discussed (even though a very large percentage of Canadians holds similar views) because we in Canada live under what can only be described as a ‘progressive’ dictatorship. Elite opinion in this nation has always, and seemingly always will, trump the views of the great majority of the people. If it were up to the people we would not let murderers out onto the streets after six years and people like Clifford Olsen would be shown to the chair or the needle. If it were up to the people we would not have the CBC, or the Gun Registry, or official bilingualism, or multiculturalism, or any of the other countless socialistic boondoggles imposed upon us from above. So long as we remain in Canada it would seem that we in the West have only two choices: have dangerous, immoral, policies imposed upon us by people we didn’t vote for in Ottawa or have them imposed upon us by Courts that not a single person voted for.

We cannot rely upon the Federal Government to protect us, and we know that our courts long ago stopped protecting the rights of the people. Because of this an appeal to the Supreme Court in this matter will almost certainly prove to be futile (not that it shouldn’t be tried!) because, after years of Liberal and Red Tory appointments, the Supreme Court of Canada is morally unredeemable. For this reason we must turn to the defender of the last resort, the Provincial Governments. Our abominable travesty of a Constitution has, in this case, provided us with a remedy: the Notwithstanding Clause. The Governments of British Columbia, Alberta, and any other places in our blighted land were common sense and decency remain in abundance, should invoke the clause and declare, now and forever, that marriage is, only can be, and always shall be between one man and one woman. To stand by during this moment of crisis would be a fundamental betrayal of the people who have not been consulted about this matter.

British Columbians, at least, have one final resort they can turn to if the Provincial Government fails us. The Recall and Initiatives Act provides us with the ability to put a bill before the legislature even if our politicians lack the requisite courage to do so. If we must, we should at least attempt to exercise this power. We must act. We can wait no longer, to do so could well be fatal to our society.


TOPICS: Canada; Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: samesexmarriage
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1 posted on 05/01/2003 4:30:45 PM PDT by adamyoshida
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To: jwalsh07; Cultural Jihad; Roscoe; Kevin Curry; EternalVigilance; DoughtyOne; Jael; ...
Of interest bump..
2 posted on 05/01/2003 4:33:30 PM PDT by Jhoffa_ (Sammy to Frodo: "Get out. Go sleep with one of your whores!")
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To: adamyoshida
I have a far better solution - the the government OUT of the marriage business entirely.

Of course that would mean having to scrap all the carrot & stick social engineering that's imposed through the tax codes, but hey, life is not without sacrifices, right?
3 posted on 05/01/2003 4:34:53 PM PDT by mvpel (Michael Pelletier)
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To: adamyoshida
malla?
4 posted on 05/01/2003 4:35:51 PM PDT by yianni
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To: adamyoshida
Sen. Rick Santorum's point.
5 posted on 05/01/2003 4:50:13 PM PDT by ntnychik
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To: adamyoshida
Oh, boy.

The words are Carman are really ringing in my ears, now:

When it gets to the point where we would rather come out of the closet than clean it, it's a sign the judgement of God is gonna fall!

6 posted on 05/01/2003 4:54:33 PM PDT by Houmatt (Same as it ever was??)
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To: ntnychik
Exactly, when the agenda of the government is to force legal recourse in an issue such as this, rather than have a vote of the will of the people, we have socialism at best.

Ops4 God Bless America!
7 posted on 05/01/2003 5:03:29 PM PDT by OPS4
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To: adamyoshida
.... declaring that the Federal Government must impose gay marriage upon the people of Canada in little more than a year..

They can call it whatever they want...but a 'gay union' will never be a real marraige.

8 posted on 05/01/2003 5:21:00 PM PDT by Jorge
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To: mvpel
Yep. It's amazing to me how many people who say they want limited government and no government-sponsored social engineering, insist that the government needs to be involved in defining, registering, and approving citizens' family arrangements. To hear these people tell it, you'd think the only reason that good stable heterosexual marriages continue to exist is because they've got the official approval stamp and license from the government. Somehow I doubt that . . .
9 posted on 05/01/2003 5:24:30 PM PDT by GovernmentShrinker
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To: adamyoshida
What gives them the right to say to the couple who has been married for fifty years and which has five children and six grandchildren that, “you are no different than John and Jack who met one hot and noisy night in Stanley Park”?

They're not saying that. They're saying that Joe and Mary who met one hot and noisy night in a sleazy straight pick-up bar are no different than John and Jack who met one hot and noisy night in Stanley Park, and that as long as the government is registering marriages between the former, there's no legitimate reason not to register marriages between the latter. The real question is why any government is registering any of these relationships, or any of the ones between civilized people either.

10 posted on 05/01/2003 5:30:10 PM PDT by GovernmentShrinker
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To: OPS4
Exactly, when the agenda of the government is to force legal recourse in an issue such as this, rather than have a vote of the will of the people, we have socialism at best.

It's refreshing to find someone who would say that if the citizens of America voted to legalize homosexual marriages, drugs, and bestiality that you would be all for it.

11 posted on 05/01/2003 5:35:41 PM PDT by sakic
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To: adamyoshida
Good grief! Is this accurate?
12 posted on 05/01/2003 6:18:17 PM PDT by lilylangtree
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To: adamyoshida
Swell. Now my neighbor can go to Canada and marry his great dane.
13 posted on 05/01/2003 6:30:28 PM PDT by jimkress
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To: GovernmentShrinker
They're not saying that. They're saying that Joe and Mary who met one hot and noisy night in a sleazy straight pick-up bar are no different than John and Jack who met one hot and noisy night in Stanley Park, and that as long as the government is registering marriages between the former, there's no legitimate reason not to register marriages between the latter. The real question is why any government is registering any of these relationships, or any of the ones between civilized people either.

First, this is a very cynical look at marriage. I am willing to bet that if we could poll all married couples in the US, we would find that very few met in a pick-up bar, especially ones that were sleazy (I'll accept hot and noisy). Homosexuals, however, have all of these wonderful meeting places that heterosexuals don't have, such as bath-houses, highway rest stops, and restroom glory holes. Some might meet in a fairly respectable way (if there is such a thing for homosexuals) but they are notorious for meeting in ways that are not pretty. That was the authors point. To suggest that the average hetero couple is equally as deviant is an inaccurate view to say the least.

Second, state laws exist regarding various things, such as inheritance. If there were no registration of a legal spouse, then all of the pre-assumed legal priveleges of a spouse that we have now would not exist, and thus when someone died it would be a big legal mess every time to determine who gets what afterward, not to mention the messes that would occur if a spouse were in a coma and someone were needed to decide whether a certain surgery were authorized. A legal marriage makes all of that easier (usually). Now, you could still argue that it is unnecessary if you really want to, depending on how hard core you are, but my point is that legal marriages do have a purpose.

Now that legal marriage does exist, there are a number of reasons why its definition should be limited to a union between a man and a woman. The foremost reason is that marriage has existed long before any of the governments that exist today and, if you're Judeo-Christian, it is a sacred covenant. Legal marriage arose out of the recognition of the institution of marriage and not the other way around. There is no basis in hman tradition for a recognition of marriage between homosexuals. Perhaps more importantly, though, is the Santorum question: where do we draw the line? If we say that it is not the government's business to define marriage, then will we allow marriage between siblings? between parents and children? between humans and animals? We must draw the line somewhere, and I think it is fairly obvious that we should draw the line at the point where we begin to legally endorse deviant behaviour.
14 posted on 05/01/2003 7:10:54 PM PDT by fr_freak
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To: adamyoshida
One could, of course, borrow from Senator Rick Santorum. If this type of "marriage" is to be legal by government enacted laws ,then they might ponder this. Since the definition of and I do like it, of marriage was once- One man, one woman, one God, then at least the first idea holds absolute.(Even without the deity).

Thus why then should not a man marry two women or a woman marry two men during the same ceremony? For the life of me, I cannot see why not, if one law is made changing the original state, why not another and another?

15 posted on 05/01/2003 7:21:49 PM PDT by Peter Libra
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To: fr_freak
We should draw the line at the government putting official endorsement stamps on any kind of personal sexual and family-forming choices.

As for state laws, that's a big problem under the current system. Many people who get married have only the vaguest clue about what those laws are, or only know what they are in the state they're living in. Trouble is, the laws re inheritance and property division upon divorce vary tremendously between states, and when people move from one state to another the terms of their "contract" change automatically without their knowledge or approval. Anyone who wants any legal standing for any kind of relationship, marriage, business, or anything else, should get a contract drafted to reflect their agreement and sign it. That can take care of inheritance, property division in the event of dissolution of the partnership (just like any business partnership), powers of attorney, medical decisions, decisions regarding children, etc.
16 posted on 05/01/2003 7:28:29 PM PDT by GovernmentShrinker
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To: yianni
It should read:

Lex mala, lex nulla.

A bad law is no law.

17 posted on 05/01/2003 7:34:41 PM PDT by Verginius Rufus
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To: Verginius Rufus
Bene, Rufus.

Mr Yoshida gets -2 pts on the cover of his blue book.
18 posted on 05/01/2003 8:09:45 PM PDT by yianni
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To: fr_freak
The foremost reason is that marriage has existed long before any of the governments that exist today...

But yet....

If there were no registration of a legal spouse, then all of the pre-assumed legal priveleges of a spouse that we have now would not exist,

How ever did we manage back in the days before computerized registries of every last detail of our personal lives were maintained by the all-powerful, all-knowing government?

19 posted on 05/01/2003 11:21:33 PM PDT by mvpel (Michael Pelletier)
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To: adamyoshida
Back to school. Lex malla, lex nulla.
20 posted on 05/01/2003 11:25:39 PM PDT by PeaceBeWithYou (De Oppresso Liber!)
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