Empires of the Mind

A motley assortment of anecdotes, thoughts, comments, observations, idle speculation, rantings, ravings, tirades, attempted wit & humour, pop culture references, expostulations, hypotheses, and whatever the hell else I feel like posting...

Sunday, July 24, 2005

Mayhem and Matrimony

Sorry about the delay in posting - busy week. Can't always guarantee I'll post stuff on a regular basis. Depends on level of fatigue, time & availability, and whether or not I damn well feel like writing something! I'm not pondering, intellectualizing or brainstorming all the time... Most of the time my cerebrum is in "standby" mode :-)

Anyway, first thing I wanna mention is the whole London terrorist bombings thing. What a tragedy! To be hit twice in as many weeks...talk about bad luck! I'm just thankful that the second attack didn't result in as many casualties. What sticks in my mind, though, is the overall reaction of the British people and Londoners in particular. I truly admire their unflappable calm, quiet defiance and witty tenacity in the face of such hardship and suffering. For the most part, they stayed rational, and their responses were reasoned and even-tempered. I find that most extraordinary and praiseworthy. They just pick up the pieces and keep right on going, living their lives as normal. I suppose that comes from experience. Londoners proved their mettle during the Blitz and later against IRA terrorists in the 1970s. If German and Irish bombs didn't break them, I suppose nothing will! Still, I think it says something about the British character. The English seem to have the wisdom, courage and forbearance not to overreact and fly off the handle in a crisis like this. They don't let their emotions overwhelm them (or their government) and immediately start screaming for blood and vengeance like some (I won't name names here, but I think you know who I have in mind...) I thought PM Blair's speech after the first attack was positively brilliant (as an Englishman would say!) - a superb mixture of refined Churchillian rhetoric and plain-spoken honesty. What's more, while the speech was passionate and inspiring, it wasn't inflammatory. That's the key. England won't surrender herself to terror, despair and anguish, but neither will she storm out to battle recklessly. I've always liked Tony Blair; I admire him even more now. I can only hope that if, God forbid, Canada should face a similar challenge in the future, the Canadian people and government would show an equal amount of calm bravery and restraint in the face of cowardly terrorist mayhem. Given the choice, though, I'd rather not have to find out in the first place...

The second thing I wanted to note is that, as of last Wednesday (July 20), same-sex marriage is legal across my fair country. Bill C-38 was passed by both the House of Commons and the Senate, and has received Royal Assent; the Civil Marriage Act is thus enacted. The historian (as well as the liberal) in me swelled with pride. Despite a storm of criticism and the risk of electoral defeat, the current Canadian government (i.e. the Liberal Party) did the right thing and validated the human rights & equality of gays and lesbians. All Canadian couples, regardless of sexual orientation, can now officially consummate their mutual love and commitment under the law. This makes Canada only the fourth country in the world to legalize same-sex marriage - after the Netherlands, Belgium and Spain - and the only non-European country to do so thus far. It's a great moment for us, in my opinion.

Now, there have been plenty of arguments and counter-arguments when it comes to the debate over this issue. I won't go over them all - that would take way too much time and space. I don't want to bore you! If you're that interested, there's more than enough material on the Web that'll break it all down for you. I just wanted to take a moment to refute a few of the main arguments put forth by opponents to this law.

  1. Marriage is about having kids and raising a family. Since homosexuals can't do this, it's not really marriage. That's crap. True, historically, marriage used to be about procreation. However, this was due to biological necessity. Farmers, peasants and the like needed to have lots of kids in order to help work in the fields and thus ensure the family's survival from one winter to the next. Also, the infant mortality and overall death rates were higher due to disease and other factors; people needed to stack the proverbial deck in their favour, to account for "statistical loss". However, that's changed in the last century or two. More and more people live in the well-supplied cities; medical advances have resulted in mortality rates going down. Therefore, the whole survival issue isn't as precarious anymore. Nowadays, people tend not to marry simply in order to have kids so that they can keep eating. Factor that out and marriage becomes something deeper and more meaningful. It's about love, companionship, making a lifelong commitment to each other, combining incomes, etc. - all of which homosexuals need and desire as much as heterosexuals. And there are other ways to have children in today's world (adoption, surrogate parentage, in vitro fertilization). So barring gays from marrying simply because they can't biologically have children with each other is ludicrous. Besides, with divorce rates being as high as they are these days (50%+!!!), the whole "sanctity of marriage" line is increasingly suspect. Matrimony ain't so holy anymore... I know plenty of straight people out there who don't deserve to be married - why deny scores of couples who do deserve it? I say let's give gays and lesbians an equal chance to screw up the institution of marriage as much as we have already! Could they do any worse?
  2. Civil Unions. Okay, we'll let them get hitched but, for the love of God, we won't call it marriage... C'mon, give me a break! Utterly ridiculous - the king of all euphemisms. Splitting hairs, plain and simple. It's just a freakin' word! Let them get "married" if they want to, not "civilly united". The latter just sounds stupid to me, too cumbersome and pretentious. Besides, creating a parallel, second-tier version of marriage is inherently discriminatory. You'd be legally enshrining homosexuals as second-class citizens, that they're not entitled to the same rights as heterosexuals. An intrepid young preacher by the name of Martin Luther King Jr. proved that "separate but equal" is neither separate nor equal...
  3. Judicial activism! Unelected judges shouldn't be imposing their views on us and setting public policy! Leave it to our duly elected representatives in Parliament. Oh heavens! I guess the Supreme Court has no authority to make decisions when it comes to the law... Bullshit. That's what we pay them to do, people!! Between having to deal with corporate lawsuits run amok and absurd small-claims court escalations, they actually render a thoughtful and well-considered opinion on changing the definition of marriage. Key word: opinion. They're not forcing the government to do anything. In fact, the opinion was solicited by the government in the first place! The government took it upon itself to draft the legislation. It IS in Parliament's hands, silly! Besides, we have these judges there in the first place because they're educated and erudite folk who've spent their lives studying the proper relationship between law and society, morality and logic. They're a smart bunch who I would hope and expect know what they're talking about! They try to see past lingering cultural prejudices in order to serve the greater good. I'd certainly trust them more than a bunch of ignorant blowhards or unscrupulous politicians only trying to get re-elected when it comes to such an important decision. The Supreme Court is far more qualified, I think. Judicial activism? Let me ask you this: would the Civil Rights movement in the U.S. have succeeded without Supreme Court decisions such as Brown v. Board of Education ? Civil rights was a highly controversial issue at the time, opposed by many "upstanding" American citizens no different than you or I. I'd wager that civil rights legislation would have never made it through Congress without the Supreme Court rulings backing it up. Those judges dared to interpret the Constitution as it related to the fundamental rights of African-Americans. Without their activism, it's quite likely blacks would still be disenfranchised to a significant extent today. The vaunted, fickle (white) American public, in all their wisdom, were still blinded by old, persistent prejudices and bigotries - would it have been right and proper to trust them with such a crucial decision? It's unfortunate, but sometimes the people are wrong. The Germans did legitimately elect Adolf Hitler into power, after all... So, don't criticize judges for doing their jobs. In essence, they help protect us from ourselves sometimes.

There are many more arguments on both sides of the issue, but the three above were some main ones I wanted to address. Needless to say, it's kind of a moot point now, since the legislation is officially enacted. The Civil Marriage Act is now the law of the land, confirming what eight out of ten provinces and one of three territories had already said was just and right. It makes me all the more proud to be Canadian!

5 Comments:

  • At 6:52 p.m. , Blogger ~ said...

    Huzzah Blake! I was worried that you had left the blogosphere for more earthly forms of discourse.

    The bombings in London were a crude wake-up call to everyone that no, we're not safe, and no, there is no easy answer and while the US is off in Iraq fighting what can only be described as a distraction war that the key issues have not been resolved. As a person living in a capital city I found Tony Blair's approach much more calming than *ahem* the name that need not be mentioned. I found it even handed, reassuring, calm, rational and practical. Despite, again, the over and mis-use of the word 'resolve.' This truly is Huntington's Clash of Civilizations, however, what Huntington didn't envision was that with the spread of mass communication that these clashes would not happen along geo-political fault zones but globally.

    Globalization, is nothing, if not, in essence the practical actualization of the Universal Homogenous State (Holla, holla Hegel, y'all), however, making all people everywhere equal ignores the obvious: that some people don't want to be the same as others. Some people don't thing that making everyone equal by other's standards is actually contradictory to the ideals of the UHS.

    This is terrifying as there is no viable solution. Peace, love and tolerance will exacerbate as will hard-line militarism.

    I was glad to see an article on CNN online dealing with the rise of fundamentalism and bringing to the forefront, in mainstream media, for the first time since 9/11 that what is happening in Middle-Eastern Islam is precicely what is happening in Middle-America. It is the concept that things are bad. Bad things don't happen to good people. We've lost our way. We must go back to the way things were to 'our roots' by any means necessary. What this results in is (not to quote Darby) a violent revolt in both Perception and Practice.

    Stay tuned for Leslie's take on SSM (that's hill-speak for same-sex marriage), but first, I must depart for the gym.

    Leslie W.

     
  • At 7:36 p.m. , Blogger ~ said...

    Well, there appears to be something going on at Hurdman ... flashing lights and the like ... I think I will postpone my gym venture until things thin out.

    Alright, SSM, completely on the same page. All of the arguments you debunked and more were screamed in my ear during my time in the constit. office and on the campaign trail. I actually heard, more often than not, "If we're all gay, then what will happen to Canada. There will be no one left." Oh, I shit you not. However, the main objection I heard was emotional. People who said that their children or grandchildren had just been married and that the idea of two men or two women being able to take part in that institution degraded the sacredness of their loved-ones' union. That marriage was a social institution exclusionary to all others except for 1 man and 1 woman.

    Now, to me, while I first scratched my head at this logic, understood where they came from, but instead of seeing SSM as something that took away from the sacredness of the union which I was about to form but saw it as something which made that union more inclusionary.

    Yes, there is/was the outcry over Judicial activism, however, I would argue that in Canada it is absolutely necessary. The courts are a check on parliament (as the Senate is a retirement centre in Palm Beach wrapped in red velvet and uncomfortable chairs) and need to have that removal from the popular will of the people. The courts need to be able to ensure that the laws enacted by Parliament are in keeping with the key tenants of the constitution and in cases such as SSM judges need to make frank decisions, not decisions based upon what will work best for them in the next election.

    The commodification of childhood has become a huge deterrent to couples, married or not, in deciding to procreate. The argument that marriage is an institution solely (either now or in its origns) for child birth and rearing is absolutely ridiculous. Nothing could be further from the truth (marriage, in it's origins, has always been an economic union.) Should all couples who choose to get married have to sign a contract promising to have children before they become barren with age or else the union was never union at all? Preposterous.

    And the contradiction of it all is that after all the debate and the decisions and indecision, most gay couples don't want to get married. It's an institution, as with most social institutions that they have been alienated from, don't believe in it. However, the fact that they were excluded from it meant that they were not equal under the law. That they were second class citizens. Similar to the citizen who doesn't vote and the citizen who does not have the right to vote.

     
  • At 7:26 p.m. , Anonymous Anonymous said...

    So it's OK for anybody to get married?. Let's face it, a union, in church is worthless afterall. Look at your own family, married in church and getting divorced (I am sure you can find a few - Your Nana, Alana, Drew, Paul even the late Dave who was married at one point). Would it matter if they were gay or not?. Does it really matter?

    I would believe that the GVT should stay out of the marriage business...leave it to Benedict VIII or Alah, in any language, the higher power.

    It got silly beacuse of benefits..."I am gay, my buddy can have free prescriptions, cause if I we're married to a woman, she'd have it."...that's how it all started!...it's Social equality, not religious or cerebral.

    It boils down to a money grab. What's the difference, except to those whose are bible thumpers, if you are actually married or not? If you are living "In sin", as we know it, you are married anyway. They just want the rest of the population to regards same sex as the equal for meds, life insurance and other benefits.

    Like I said, the GVT should get out of the marriage business!. But My views are mine alone.....

     
  • At 3:47 p.m. , Blogger Blake said...

    Good points, RM. I would tend to agree. Marriage is, at it core, essentially a social contract. And all contracts have their legal and financial components. The whole issue is as much about access to legal benefits, fiduciary rights and social assistance programs as it is about equality and human rights. Same-sex marriage is a meat-and-potatoes issue, not just an abstract principle. Self-interest (financial or otherwise) is definitely a factor. There is some validity in your assertion that government should get out of marriage altogether, I will admit. However, since I don't think that's ever gonna happen, it's my belief that the current decision is the correct one. As long as the Feds are poking their noses into it, we should ensure that marriage is accessible to the entire citizenry, a truly equal-opportunity institution. True, it has its flaws, but I think EVERYBODY should have the same chance to screw it up, without prejudice or discrimination :-)

     
  • At 1:39 p.m. , Anonymous Anonymous said...

    It is the correct deceision for now. Just not worthy of all this judicial ramblings and wasted newspaper ink.

    Proud to be Canadian, proud to be equal.

     

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