Friday, July 15, 2005

How did we get here?

Canadians are proud of their moderate tendencies. We are peacemakers, looking for conciliation rather than confrontation. Traditionally, the Liberals have been seen to hold the centre of the political spectrum -- able to straddle the fence on tricky issues and come to some consensus. Whether one agrees with that assessment or not, that is the common perception -- they represent moderate thinking Canadians, or did, until now.

With most political issues, disparate voices can be brought together through compromise and negotiation. Each side concedes some ground and a workable solution can be found. Gay 'coupling' and the legal form it should take, used to be one of those issues.

Same-sex marriage is not a dead issue judging from the blogs. Morality issues are always hot button topics, but as Debris Trail has said a few times, it could be a wedge issue come an election.
The most noticeable thing to me about the whole debate, is how fixed the debaters have become. There is a rigidity to the positions that wasn't there a couple of years ago. There is antipathy of all things Roman Catholic/Christian amongst many advocates of gay marriage, and more strongly worded anti-gay rhetoric used by many opposed.

It used to be there was a common middle ground on gay rights. This mutual understanding between the two conflicting views prevented extremists from taking root -- reasonable people agreed that gays had the right to live, and work, and be -- just as any other citizen -- free from persecution or harassment for their 'differences'. The thinking expanded, and gays began to fight for and assume rights that once belonged exclusively to heterosexuals -- pension rights for their partners for example. Many companies freely offered this kind of benefit, without the need for legislation to force the issue.

This modernization of thinking about gay rights allowed people with religious objections to 'gay sex' to feel both fair and principled. They could understand a person being entitled to receive their dead partner's pension benefits, without having to agree with (or even consider) the morality or validity of the 'gay lifestyle'. All of the main political parties agreed that government recognition of the 'unions' of same-sex couples was inevitable. Even the majority of those who are personally opposed to homosexual activity on a religious or moral level, were willing to make this concession.

At some point, it stopped being reasonable and moderate to respect the right of gay people to live their lives and go about their business -- it stopped being enough to believe that they were entitled to an institution, parallel to marriage, but different. Not different because they are unequal with heterosexuals, but different because they do not fit the one universal criteria for marriage understood for thousands of years. You had to do more -- you had to think their committed, conjugal relationships hold the same social value, and deserve the same societal support as heterosexual marriages. You had to believe that marriage should yield it's definition to accommodate their special circumstances.

The Liberals have annihilated the centre. They have taken the position they themselves recently vacated and have labelled it 'extreme'. It didn't happen because the Liberals thought it was the right thing to do - enlightenment doesn't affect a vast number of people simultaneously. Progress amongst moderates is deliberately slow -- only extremists want change with speed -- and that's only so they can't take in the damage they're doing.

For those who argue that it was a long arduous struggle -- think again. Marriage might have been on the gay agenda for 35 - 40 years, but for the average person, it only popped onto the radar seriously in the past 4 -5 years. Most struggles for 'equality' and 'recognition' take centuries -- women have been around since the dawn of time, and we were only granted the right to vote in the last eighty years. Anyway, I started to wonder how this happened so quickly, and why.

The Liberals and Conservatives both have their share of social conservatives. Both parties had moderate fiscal policies -- one favouring corporate welfare, the other tax cuts -- but not too dissimilar for the general public to really understand or care. Both parties were in favour of maintaining public healthcare and promised they'd improve the system. Both said they would address the democratic deficit and restore accountability to government. The Conservatives were untested, the Liberals tainted. There were no significant policy issues on which the parties differed enough to become an election winner, so it became a matter of trust -- The Liberals may have squandered the public trust, but the Conservatives were a new entity and public trust is not a given.

When the Conservatives latched on to Adscam to show the Liberals as corrupt, the Liberals realised they could say they'd clean up government but people were bound to be skeptical since they had made the mess in the first place. So, they had to distinguish themselves from the Conservatives on policy issues. Their record of 'fiscal responsibility' (as dubious as it might be) was not worth tossing aside, so they seized upon a strategy that would portray themselves as the champions of minority rights (we're a nation of minorities) and simultaneously set up the Conservatives as religious fanatics or ignorant bigots.

Because we had reached a point as a nation where most people expected and accepted that gay unions would receive recognition by the government, and because the Conservative Party had already said that it was for keeping the traditional definition of marriage (while accepting the compromise solution of civil unions) -- the Liberals knew that in order to make a clear distinction between themselves from the Conservatives, they would have to be bold. It was all or nothing. They chose to redefine marriage, and realigned political boundaries in the process.

The Liberals framed gay marriage as a human rights issue, making any opposition to it automatically 'anti-Charter'. They appeased the critics by offering protections for religions unwilling to yield the traditional definition. The protection was fallacious because it is not within their jurisdiction, and it is paradoxical because if marriage is a 'human right' how does the government justify using religious freedoms to deny a human right on the basis of sexual orientation?

Marriage is not a human right, but the government needed people to buy into this vision. Human rights are regarded as belonging fundamentally to all persons. They are seen as being universal, applying to all people everywhere, and as intrinsic, referring to essential or basic human needs. By framing the marriage issue as a 'human rights' issue, it becomes increasingly impossible to oppose same-sex marriage without being painted as a bigot or a homophobe.

There can be no middle-ground on human rights issues. They aren't the same as other rights, which are granted based on criteria set out by the government -- human rights are granted to all of us by virtue of being human.

Reading C-38, I'm not sure if the law is set out that way (as a human right) but throughout the debates this is the message being driven home by the 'centerist' Liberals. The soft middle latched on, and allowed the boundaries to shift -- setting an extreme and radical ideology in place of middle of the road sensibilities.

The middle is now unwalkable for people who until recently, were confident they held a fair and legitimate view of gay rights. The Liberals can call it what they like, but same-sex marriage is not a moderate position. By framing the question as they did, the Liberals have annihilated the centre for political gain.

canadianna

21 comments:

Scott said...

I'm exhausted after reading this very well thought out arguement. Good job!

Cyrano said...

Pretty fair description all around. I'm not all CPC-fanatical - but, oh, how it grates on me to hear people parrot how principled the Liberals are for this (and other) extreme positions they've foisted on Canada in their lust for power.

As long as Canadians don't have a clear (and morally healthy) vision of ourselves, we'll buy any old product from the snake oil salesmen looking for a quick buck.

Anonymous said...

Thank you for "How did we get here?". Which leads to the next question. "Where do we go from here?"

Liam O'Brien said...

good post!

Nicol DuMoulin said...

Excellent analysis.

This issue will not go away any time soon and will be the most divisive in generations. Even more so than abortion I believe because at its core, abortion is a secretive thing. Gay 'marriage' will permeate every aspect of popular culture and more and more people will feel alienated.

I already feel the aura of tension in the air when I go out with my friends who are overwhelmingly left/liberal. More often than not the topic of conversation weaves its way to some typical Toronto type Catholic bashing.

Also, because this is a profound moral question for many that involves matters of the soul, aquiescence will not come as easily as the government thinks.

The Liberals have fractured Canadians sense of community for generations.

Nicol DuMoulin said...

NDP Nadine,

Probably not my place to respond on someone else's blog but a few quick points...

We still do not know what causes homosexuality be it culture or genetic. There are many differing opinions on this in science.

Also, you talk of all the bloodshed etc. in the name of the church yet you are obviously a member of the NDP whose core philosophy is Marxism which is the root of communism and has caused more torture, death and strife in the past 100 years than any other ideology combined.

You should think about this before you condemn churches.

You mention UN as a source of authority on Human Rights...is that what led to the Oil for Food scandal and the UN workers who raped the poor in Africa?

A question. If the NDP is for equality and the poor 'peasants'...why is it that none of them vote for you?

49erDweet said...

Well done! And you relied on reason, rather than logic. Kudos!

I always thought a government had the duty to - among other things - provide for an orderly succession process for the body politic. Do the ditherers not see the illogical result down the road stemming from C-38? Do they expect advances in human cloning techniques or immigration to provide the future citizens required to sustain and fulfill Canada's glorious future now that they have quietly adopted a human "no growth" process?

Where is their sense of history to match their "compassion" for the down-trodden? It ain't logical. Political, but not logical. Ergo, they are the party of short-term politics, not long-term logic.

This means at the least they are selfish egotists rather than the statemen/women Canada - and the rest of the world - seem to need.

As always, CA, a great job.

Anonymous said...

"Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry..."

One could easily argue that the specific intention of that clause would be to define marriage as between a man and a woman. Otherwise, a generic term like "People of full age..." would have been used. Also note that there is no mention of sexual preference under limitations.

So stating that the UN thinks same-sex marriage is a "human right" is, at the very least, misleading.

No, Canadianna has beautifully articulated why SSM was never about substantive rights for same-sex couples, which were already largely in place, and could easily be extended without redefining marriage.

Instead, it is about trying to force people to celebrate an event that many are willing to accept, but simply do not feel like celebrating.

Nicol DuMoulin said...

NDP Nadine,

You’re right err, dudette. I'll go one further. The CCF's roots were in Evangelical Christianity. Frightened yet? But that was pre-1950. Post 1960’s the shape of the party changed and it gradually purged itself of any Christian roots it once had. By the time of the Svend Robinson era circa 1980's, the NDP became the party it is today with it’s roots in the radical Marxist movement of the 60’s with its key support coming from the following groups: wealthy auto workers unions, wealthy teachers unions, well financed gay rights activists, well financed feminists, anti-globalists and well-to-do university students fixated on Marxism/communism. Because of this it has become the whitest, least racially diverse party in parliament and cannot get any traction outside of large centres.

Farmers in rural areas overwhelmingly vote Conservative and I would hardly call anything the NDP preaches populism. Because for it to be populism it has to be like, hey, popular.

Have I been to school lately to see how suspected gays are treated? Well, unless things have changed since I was in school a few years ago being gay meant you’d usually get upgraded if you accused your teacher of being a homophobe and you were able to say anything you wanted to in class and make the most widely vitriolic accusations against anyone without fear of impunity. You also were a guaranteed lock for any grants or bursaries that the school may offer. Now obviously everyone who was gay did not do this and I had one gay friend who did not play the victim card. But hey, maybe that was just my school.

As far as the being born that way Nadine, I’m sorry, science is just not on your side and there is no conclusive information on that. There is also an inordinate amount of data that shows many men who say they are gay were molested by a male at a very young age. To deny that is to deny the experience of many (but not all) gay men.

Finally, the UN at one point had the torturous state of Syria as the head of its Security Council. The UN is a bloated institution filled with corruption and has no authority in matters of human rights and freedoms.

Liam O'Brien said...

I fail to see how this is a riughts issue. In dec 2004 the highest court in thw land was given an opportunity to rule on whether the old definition was unconstitutional. It didn't. It handed that one back to a nervous Paul Martin who tried desperatley to have anyone but a democratically-elected body deal with it. In the end, Harper's most consistent and constant message was that this was a matter that had to be dealt with by parliament. In the end, regardless of how the vote went, That is a victory that was made possible by Conservatives. In the end, most Western European countries have civil union systems and similar anti-discrimination laws. They don't appear to be in conflict. In fact, these countries are praised by The Encyclopedia of Gay, Lesbian, Bisexual, and Transgender culture.

"A leading member of the European Union (EU), Germany has embraced EU's human rights principles, which (as interpreted by the European Court of Human Rights) forbid discrimination on the basis of sexual orientation. Along with France, Belgium, . . . and the Scandinavian members, Germany has supported a number of initiatives to bring members of the glbtq community closer to equal citizenship."

On Denmark's civil union system:
"Skeptics argue that the bill merely demonstrates that the institution of marriage is now a hollow category. Still, the symbolic impact of the bill is hard to ignore; it clearly signals the country's commitment to equality for its glbtq citizens."

As Stanley Hartt recently said in Maclean's magazine, the Charter protects rights, not words.

Martin tried his best to make it about the Charter. He served it up to a generally activist Supreme Court with gravey and chips. They told him to buzz off. They told him to let Parliament decide the state's definition of the word marriage.

Provided they are not based on arbitrary and demeaning stereotypes, the legislator is entitled to proceed on informed general assumptions that correspond, even if not perfectly, to the actual circumstances of the affected group. These considerations figure in assessing whether a reasonable person in the claimant's position would experience the legislation as a harm to her dignity.

Just about every European country I mentioned above has considerable statutory if not constitutional rights protection not unlike our civil rights laws and our Charter here in Canada. Their civil union schemes have not been found to be discriminatory.

There was another option here -- A fair one that respected substantive rights.

Paul said...

For all the talk, the issue still boils down to whether Martin could have given all Canadians a compromise that would've completely protected the rights of Gay and Lesbian couples, while at the same time preserving the religious institution of marriage. It comes down to semantics in many ways, with the defintion of what exactly the word "marriage" constitutes. I maintain that in every culture on this earth, "marriage" defines a purely hetrosexual arrangement. It is the term, and it's sacred meaning to all religions, which has been trodden on, simply to make a point. Civil Union could have given anyone wanting it all of the protections, guarantees, and rights, equally to anyone choosing marriage.

As to the UN: I personally would not give a body comprised as much of dictators and despots as it is of humanitarians, the time of day. The UN is a hollow shell, where the world's most vile characters get equal voice to democratically elected entities. There is no "united" nations. There is an enormous pompous cash sucking bureaucracy though, called the UN, which has become perhaps the biggest white elephant the world has ever seen. It is ineffective in solving some of the simplest of problems. It is used as a vehicle for abuse and to enrich those who know how to play its games. In my opinion, the UN's opinion, is irrelevant.

youwish said...

Great post. You are articulate, and you make a lot of sense. I always enjoy visiting your blog.

Mike said...

Here's a prediction: 30 years from now, people will look back and wonder what all the fuss was about.

Canadianna said...

Mike, you're thinking the fuss is over gay marriage. It isn't. The fuss is over the right to dissent.
I don't doubt that everyone will wonder what the fuss was about, because there will be no one left who dissents (publically).

Mike said...

The fuss is over the right to dissent.

This is really only true if this statement is also true:

The Liberals can call it what they like, but same-sex marriage is not a moderate position.

I stand by my statement: in the future, same sex marriage will be normal and the current political opposition will be considered quaint.

Chairm said...

Your posts have been mentioned at Opine Editorials

Bill C-38 is the Canadian legislation introduced by the Liberal Party this summer and which will enact SSM in that country. As the bill hurriedly reaches the final stages of legislative approval, Canadian blogger has described her view of the sudden lack of moderation in the marriage debate in Ottawa.

Canadianna said...

mike -- 'quaint', how condescending and paternalistic -- how typical of nanny-state logic that implies the thoughts and feelings of its subjects are so easily dismissed.

It's funny, when they legalised sodomy the government probably thought that 30 or 40 years from then, everyone would wonder what was the big deal.

Mike said...

It's funny, when they legalised sodomy the government probably thought that 30 or 40 years from then, everyone would wonder what was the big deal.

Actaully, I could happily go along with this analogy. Would you or any one reading this blog advocate making sodomy a criminal offense?

You might not like sodomy, but it's a part of our society and has no visible ill effects. The vast majority of people - even those that believe it is wrong - accept its legal status as a matter of course.

SSM will eventually be in the same catagory.

Canadianna said...

mike -- like I've said previously. I couldn't care less what people do in privacy, but gay activists are not content to leave it there.

My analogy was intended to show that the legalisation of sodomy was not an end, but the beginning of the normalisation of gay culture.
That might be a shrug to you, or maybe you applaud it. And you might be right, maybe the whole of society will cease to think about any of this as an 'issue'.
There are only two ways that could happen -- either gays will accept the right of churches, families and individuals to believe that homosexuality is inherently disordered, that gay marriage is not acceptable, and to teach this belief within their families and churches without interference from government --- or --- religion will begin to be monitored by the state, and become indistinguishable from any secular institution because of its conformity to secular values.

Mike said...

Well, when the state starts interfering with your pastor's sermons, you'll be able to say I-told-you-so.

Canadianna said...

mike -- I'd rather you were able to say it to me ;>