Drawing a fine line between opinion and hatred:

Conservative Christians worry Svend Robinson's proposed law could limit their freedom to talk in public about biblical ideals and undermine traditional family values.

Byline: Joe Woodard
Source: Calgary Herald, Sat. Nov 23, 2002

Conservative Christians are worried about a federal private member's bill to include sexual orientation as a protected category under Canada's hate-crime legislation. They believe it will contribute to suppressing the Bible's teaching on human sexuality and silence public debate on homosexual behaviour.

Canada's pro-faith and pro-family organizations -- such as the Evangelical Fellowship of Canada, Focus on the Family, REAL Women of Canada and the Canada Family Action Coalition -- are pessimistic about their ability to block or soften the legislation, backed by a homosexual lobby group and buoyed by past court rulings.

"The worst thing about this bill is its total lack of clarity about what hate is, what propagation of hate is, and what sexual orientation is," said Brian Rushfeldt, director of the Calgary-based Canada Family Action Coalition.

"If I'm talking about the morality of homosexual acts or the medical effects of sodomy, I have no way of knowing if what I'm saying is a crime. If I simply express a high standard of sexual morality, referring to homosexual behaviour, I could end up charged."

Rushfeldt cited a number of cases in recent months where public agencies have suppressed comments about homosexuals in the name of sexual orientation, even without benefit of a hate-crime law:

- Saskatoon Christian Hugh Owens was fined $4,500 for publishing an ad in his local paper, citing biblical quotations that condemn homosexual acts;

- Christian printer Scott Brockie of Toronto was fined $5,000 for refusing a print job from a gay advocacy group, contrary to his conscience;

- Christian teacher Chris Kempling faces expulsion by the B.C. College of Teachers, for publicly objecting to the BCCT's promotion as classroom resources of Xtra West, a gay newspaper;

- Prince Edward Island Christians Dagmar and Arnost Cepica, running a bed-and-breakfast in their home, were forced to close their business and pay a fine to two offended gays, for refusing a P.E.I. Human Rights Commission order that they rent rooms in their home to the practicing homosexuals.

Existing law bans "wilful promotion of hatred." But it also has a good faith clause that seems to exempt religious or public policy discourse from prosecution.

Yet, Supreme Court Chief Justice Beverley McLachlin has said she doubts that any "hateful speech" could be defended successfully as being uttered in "good faith." So the defence may be only hypothetical.

"The problem with this bill is that it doesn't distinguish between (condemning) the person or the behaviour," said Evangelical Fellowship of Canada spokesman Bruce Clemenger.

"We're opposed to violence against anyone, for any reason," he says.

But the proposed bill "could ban any sort of public discussion about the morality or immorality of sexual activities."

Clemenger said evangelicals are divided on whether they oppose the whole notion of speech-limiting hate-crime laws altogether, or simply want hefty safeguards to protect religious speech from charges. So, as a diverse coalition, the EFC's main legal concern
has been limited to protecting the Bible, if someone uses it as anti-gay hate propaganda.

For example, Clemenger said, the Old Testament book Leviticus (20:13) says, "If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their own heads." So, if a single fringe preacher such as Rev. Fred Phelps of Kansas uses Leviticus in his campaign against gays themselves, would his conviction on a hate crime charge effectively ban the text?

(MP Svend Robinson uses the Kansas-based Phelps, his www.godhatesfags.com Web site, and his "Pink Swastika" anti-gay propaganda as his primary example of the need for his law.)

Calgary lawyer Gerry Chipeur, a religious freedom specialist, said that if Christians oppose Bill C-415/250 simply on religious freedom versus sexual orientation grounds -- "us but not them" -- they will lose. The real problem, Chipeur said, is the whole notion of hate-crime laws altogether.

"This isn't about religious rights; it's about preserving a free society. Censorship laws strike at the very heart of our democracy," Chipeur said. "Christians in a free society must allow homosexuals to say Christians are cannibals, if they want to, because Christianity flourishes in a climate of freedom."

Chipeur said religion is protected in Canada's existing hate-crime law, but Christians shouldn't want it there. Despite a mountain of anti-Christian defamation in the popular culture, there has never been a prosecution of an anti-Christian hate crime, he said.

"Christians and homosexuals both must be prepared to have a free debate with hate-mongers. If we aren't prepared to debate with hate-mongers, we can't have a free society," he said.

"You can't criminalize hatred. You can condemn it, belittle it, criticize it, marginalize it. But a law against hate is a law against free speech. This law already violates everyone's free speech."

Conservative gay activist John McKellar, the Toronto-based director of Homosexuals Opposed to Pride Extremism, said, however modest Bill C-250 seems, his group opposes it as part of a larger pattern of gay radicalism, seeking to suppress traditional religious values.

McKellar says the radicals -- those who agitate for public affirmation or celebration of their fringe lifestyle -- are a tiny fraction of Canada's homosexual population.

"Gay radicals see a rational public rejection of their extreme and dangerous sexual conduct as akin to racism or bigotry," said McKellar.

"Among radical gays, the rhetoric is so childishly hostile to religion, because sexual orientation has become their religion. These guys should really lighten up and stop bitching about sincere Christians, Muslims and Jews."

Kansas preacher Fred Phelps is one of very few preachers of extreme anti-gay hatred in North America, McKellar said. He called it a sign of radical gay "provincialism" that they use Phelps as a foil to push human-rights legislation -- likeC-250 -- to limit discussion of their behaviour.

McKellar believes "virtually every society in history has resisted the spread of homosexuality," because it is destructive of stable family life. The radical push to win legal affirmation will disrupt already shaky public standards.

McKellar worries the radical push for political affirmation through laws like C-250 will prove self-defeating. He believes gay political aggressiveness will eventually provoke a popular backlash that -- regardless of any law -- will sour the widespread grassroots toleration of their private lives.

CFAC's Rushfeldt likewise said he thinks the proliferation of publicly sanctioned "sexual identities" is eroding family life. He repeated that the issue was not the right of Christians to spread hatred of homosexuals, but rather the right of society as a whole to enshrine a public norm for nurturing the next generation of healthy citizens.

"The issue isn't whatever homosexuals do in privacy; I think it's sad, but it's their choice," Rushfeldt said.

"Frankly, I wish they'd simply do away with the hate-crime law altogether, or maybe keep it only for race," Rushfeldt said.

"I mean, the church is going to preach the moral truth whether it's persecuted or not. So the whole hate crime thing just becomes a platform for promoting private behaviour."

woodardj@theherald.southam.ca

 

 

Page Tools:
Canada Family Action Coalition (CFAC) National Office
#204, 4080 - 23Street NE
Calgary, Alberta T2E 6W9
Phone: (403) 295-2159
Fax: (403) 291-2515
E-mail: info@familyaction.org
G
Clic ici pour une traduction automatisée de Google
Printer-Friendly Version of This Page
Email This Page
View CFAC's Legal Disclaimer
Download Adobe's Free PDF viewer

Sponsors





Interested in becoming a CFAC advertiser? Email us!

Questions or comments about this site may be sent directly to CFACat info@familyaction.org