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Living Tree of Law Has Roots in Reality of God
November, 2004

   Canada's Justice Minister Irwin Cotler is a brave man.  Universal moral law is his battleground and he's eager to defeat its  boundaries with boldness and speed. If we follow him, we have begun  the journey to any variety of marriage definitions in the country.
     The Supreme Court has told Parliament it does have the  exclusive right to change marriage from being defined as a union between  a man and a woman. Religious freedoms to object to performing same sex  unions will be protected, although recent legal history shows they will  be challenged repeatedly. Thankfully, the Supreme Court decision has given Parliament the opportunity to bring the issue to Canadian democracy  and already multiple groups are asking for a national referendum on the  issue. Some are cheering the news, yet millions of Canadians have heard  the Court decision and Mr. Cotlers determination with sadness, worry,  even fear. The Christian Coalition, The Canada Family Action Coalition,  Focus on the Family, Evangelical Fellowship of Canada are just a few of  the voices that are urging voters on everything from a national  referendum to writing and phone campaigns on the issue. With Gallup  recently reporting church attendance is the highest its been in  Canada's in 30 years, yes Ottawa, political activism in church life  is also growing.  What seems to be lost in public language however, is how to  discuss why moral views run so deeply on this issue. Ironically, the  court itself addressed it when it referred to the living tree that is  our law.
     But first, some of the objection to the morality of redefining  marriage is because of the enormous puzzle this presents to our social  fabric. Do children have the right to know their biological origins or  do we create a new type of Canadian who has to be content with being a  product of donation into a fertility pool ? As kids grow, these things  matter to them, but no doubt well meaning adults will re-inform them that  thr innate drive to know and identify with their roots can be adapted by  two loving adults of the same sex. Its just one of the questions social  scientists have raised as they issued a warning shot across the bow that  we vastly underestimate the fragile nature of culture building by this  marital change. Scholars from across Canada wrote their views of  caution on redefining marriage in the recent book "Divorcing  Marriage", published by McGill Press, and edited by Daniel Cere of  the Institute for the Study of Marriage, Law and Culture and Dr. Doug  Farrow of McGill University. They challenge that redefining marriage  is about to become a "hastily conceived social experiment that will  undermine human rights, deflecting marriage from the support of children  to the mere affirmation of sexual commitment between adults."  Similar to the caution brought to the October Supreme Court  hearing where the historic role of Parliament in marriage was stated as  being about "a collective good, not about individual  rights," argued the Canadian Conference of Catholic Bishops.  The sheer speed of such a decision being pushed through by a  Liberal government brings fear. Why can't gay unions be studied  during the five year term a "not withstanding clause of Parliament"  would allow for review and deliberation on the social ramifications of  redefining marriage ? There are enormous issues affecting family in  Canada yet they never seem to make the headway this individual rights  issue has. Children in poverty, single mother usage at Food Banks  increasing dramatically, disabled children's rights to treatment, the  number of children entering foster care rising 65 % , more grandparents  than ever have long-term care of their grandchildren, Bill C2 the Child  Porn bill still in limbo, deliberations on national daycare -- all  signs of great vulnerability for our family structures. Issues we're  loathe to see take a back seat to political wrangling over gay marriage.
     But at the core of the disagreement is the reality that the  Liberal government is poised to depart from historical harmony with  Canada's religious foundations. In yesterday's announcement, the  Court reminds us that Canada's constitution is like a living tree, its  branches growing and adapting to provide for a changing Canada.  It is important to take a deep, thoughtful look at the concept  of the constitutional tree. If branches that provide for our country  are healthy and vibrant, those branches are connected to the trunk and  roots of the tree. By taking this issue to our Charter of Rights and  Freedoms, its important to note that the Charter preamble declares that  Canada guides itself by the rule of law and the supremacy of God.  Political statesman Preston Manning comes from a long  background of integrating both into public life and in reference to the  marriage ruling he asks if the court could ever envision a circumstance  where it would argue that the rule of law does not apply ?  "It's a fundamental thing they cannot deny," said Mr. Manning.  "The values that flow from that tree, that tree that recognizes the  rule of law, are in the same category that contains the supremacy of  God. For the court to make the living tree argument is fine, but to  carry it further, when they ignore what the tree was connected to,  it's like pulling out the tree and putting it on a different lot.  This isn't branches we're tampering with, this is roots and the very  health of our tree."
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