Free
Speech
By Ron Corson
Recently the British Columbia Supreme Court ruled that the
While the issue of the educational changes proposed by the British Columbia Teachers' Federation in regards to treatment of Homosexual issues is certainly important there is a larger free speech issue that must be considered. Is free speech only for those who speak according to politically correct standards, or does free speech include those who speak up for their beliefs?
Dr. Kempling, a 13 year veteran teacher and school counselor was suspended for writing letters to the editor of the community newspaper, the Quesnel BC Cariboo Observer. Kempling who has two masters degrees as well as a recently completed doctorate in Psychology has done considerable research into the subject of homosexuality. The BCCT suspended him for unbecoming conduct for expressing his opinions away from his job and on his own time. Contrary to what most would expect in countries which advocate free speech the B.C. Civil Liberties Association chose to side against Kempling. As is the case for the American Civil Liberties Union the civil liberties fought for are often only those within a certain political perspective. As Kempling noted; "When civil liberties groups act like Orwell's thought police, true democracy is in serious trouble."
The issue is succinctly expressed by Susan Martinuk of The Province; “The B.C. College of Teachers (BCCT) seems determined to prove that teachers who are members of the Christian faith are unfit to teach in public schools. Its charge: Christians don't promote homosexual practices and, thus, they discriminate against students who may be homosexuals and they create a 'poisoned,' homophobic class environment. There's no evidence to support this irrational assumption. Nonetheless BCCT has used it to accuse and judge Christian teachers.”
Kempling and others who have already felt the sting of the government’s new
agenda may be only the pioneers of the coming persecution. On
As WorldNet Daily reported before the Bill passed, “opponents fear if the
bill becomes law, the Bible will be deemed "hate literature" under
the criminal code in certain instances, as evidenced by the case of a
The Bill supposedly has a loophole for religious opposition to homosexuality
but past history and many scholars think that it will offer little protection.
Evan as
Recently in a Speech to the American Constitution Society’s first national conference Justice Ruth Bader Ginsburg said that the U.S. Supreme Court should look to other countries laws for insight into our own judicial rulings. “Our island or lone ranger mentality is beginning to change,” said Justice Ginsburg. Judges “are becoming more open to comparative and international law perspectives.” The implication of this is that judges, should they not like the body of American law and opinion, should feel free to see what other countries do and think. “Your perspective on constitutional law should encompass the world,” she told assembled convention. “We are the losers if we do not both share our experiences with and learn from others.” (Justice Ginsburg’s Foreign Law, James N. Markels)
In last years Lawrence v. Texas Justice Anthony Kennedy noted that in a previous decision "case's reasoning and holding have been rejected by the European Court of Human Rights, and that other nations have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct."
For years there have been Christians warning against the Homosexual Agenda. However it was never well defined just what that agenda encompassed, many times it merely seemed that they were Christian reactionaries who felt that the homosexuals were trying to recruit more homosexuals. At best they could say that the agenda was about tolerance toward the homosexual lifestyle. Whatever the plans of the past, the Homosexual Agenda seems to have moved past tolerance to intolerance. From civil rights to a restriction of civil rights.
Civil rights once restricted become a restriction upon all sooner or later. When words of disagreement become outlawed for one section of society logically they can be outlawed for other sections of society. Ultimately no section of society is safe from the government’s ability to censor people’s words and perhaps thoughts. These are areas where the government has no business in a free country. Actions, we have long held are under the purview of the government and its laws. So it becomes reasonable for the government to restrict discriminatory actions against homosexuals. But discrimination has to have some tangible effects, it is not something that is inferred or assumed.
The B.C. Supreme Court acted not upon any complaint from any individual in the decision against Dr. Kempling. In fact his record is exemplary and both his principal and vice principal have presented letters of commendation for Dr. Kempling. Yet Justice Holmes ended up agreeing with the BCCT’s damage by inference argument when they wrote: “"It is not essential to find direct evidence of a poisoned school environment. It is sufficient that an inference can be drawn as to the reasonable and probable consequences of the discriminatory comments of a teacher."
Dr. Kempling realizes the enormous implications of his case and is intent
upon taking the case to the Supreme Court of Canada. In fact the case is now of
importance outside
If the decision against Dr. Kempling stands the potential for fear, prejudice and intolerance will be increased vastly. No longer will people need to fear the results of only their actions but they will be in fear of what someone infers from their conversation, written words or even looks. Their schools will become a breeding ground for prejudice against anyone with beliefs not in vogue. The end result is intolerance of various views and all done in the name of tolerance.
For further
reading on the subject see the following Web sites:
http://www.ccrl.ca/issue_kempling.html The Catholic Civil Rights League includes
many articles on the subject
http://www.ccrl.ca/issue_kempling.html#2
How to Contribute Financially to Chris Kempling's Legal Defense
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=34639
'Bible as hate speech' bill nearing vote
http://www.drewmarshall.ca/listen.html
Audio Interview with Kempling
http://www.the-grove.net/kempling/
Written speech given by Kempling