Thursday, April 15, 2004

FREE SPEECH DEAD IN CANADA

They are even making the Bible illegal

" Bill C-250, a repressive, anti-free-speech measure ... is on the brink of becoming law in Canada. It would add "sexual orientation" to the Canadian hate propaganda law, thus making public criticism of homosexuality a crime. It is sometimes called the "Bible as Hate Literature" bill, or simply "the chill bill." It could ban publicly expressed opposition to gay marriage or any other political goal of gay groups. The bill has a loophole for religious opposition to homosexuality, but few scholars think it will offer protection, given the strength of the gay lobby and the trend toward censorship in Canada. Law Prof. David Bernstein, in his new book "You Can't Say That!" wrote that "it has apparently become illegal in Canada to advocate traditional Christian opposition to homosexual sex." Or traditional Jewish or Muslim opposition, too.

Since Canada has no First Amendment, anti-bias laws generally trump free speech and freedom of religion. A recent flurry of cases has mostly gone against free expression. The Saskatchewan Human Rights Commission ruled that a newspaper ad listing biblical passages that oppose homosexuality was a human-rights offense. The commission ordered the paper and Hugh Owens, the man who placed the ad, to pay $1,500 each to three gay men who objected to it. In another case, a British Columbia court upheld the one-month suspension, without pay, of a high school teacher who wrote letters to a local paper arguing that homosexuality is not a fixed orientation but a condition that can and should be treated. The teacher, Chris Kempling, was not accused of discrimination, merely of expressing thoughts that the state defines as improper.

That anti-free-speech principle, social conservatives argue, will become explicit national policy under C-250, with criminal penalties attached. Religious groups say it would become risky for them to teach certain biblical passages. If a student says something that irritates homosexuals in class, the student's parents might be held legally liable. Some Canadians worry that, for instance, discussions about gay men giving blood will be suppressed. Robert Spitzer of Columbia University, a longtime supporter of gay rights and an important figure in the American Psychiatric Association, published a study finding that many gays can become heterosexual. Would that study be banned under C-250 as hate speech? And since C-250 does not mention homosexuality but focuses broadly on "sexual orientation," Canada's freewheeling judiciary may explicitly extend protection to many "sexual minorities." Pedophilia and sadism are among the conditions listed by the American Psychiatric Association under "sexual orientation.""

Church foes? The churches seem to be the key target of C-250. One of Canada's gay senators denounced "ecclesiastical dictators" and wrote to a critic, "You people are sick. God should strike you dead."

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