Tuesday, May 6, 2014

Notes: Tuesday, March 18-Monday, May 5, 2014 (part 2 of 2)

7. "The Philippines’ highest court has approved a controversial birth control law"

The quotation in that headline comes from the article "Philippine court clears birth control law", no author credited (though the stated source is the A.F.P.), dated April 8, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/philippine-court-clears-birth-control-law-20140408-zqsfb.html?skin=text-only

Labels: abortion, contraception, law, Philippines

8. On Wednesday, April 9, 2014, the respective chief executive officers of the National Rugby League, the Australian Football League, the Australian Rugby Union, and Football Federation Australia and the executive general manager of Cricket Australia signed, on the initiative of the organisers of the Bingham Cup, a commitment to implement, by the end of August (August 31 is the last day of the Bingham Cup Sydney 2014 tournament), policies consistent with, but not necessarily embodying all the recommendations of, the Anti-Homophobia and Inclusion Framework for Australian Sports (which (Framework) was devised by the Human Rights Commission, Bingham Cup Sydney, Australian Sports Commission, Gay and Lesbian Rights Lobby, and the Human Rights Law Centre). That was the first time when the major professional sport codes in Australia—or, apparently, in any country—collectively pledged commitment to opposing discrimination on the basis of sexual disorientation. "In the evening, Her Excellency[ The Governor of New South Wales], as Patron, … hosted a Reception at Government House in support of the Bingham Cup Sydney 2014, Gay Rugby’s World Cup, and to acknowledge the signing" of the aforementioned commitment.

The quotation in that headline comes from the webpage "Wednesday, 9 April 2014" at the official Governor of New South Wales website:

http://www.governor.nsw.gov.au/news/diary-of-engagements/wednesday-9-april-2014/

These are the sources for the other information in that headline:
  • the article "Bigoted sledges in sport on way out", by Mr. Benedict Brook, dated April 10, 2014, downloaded from the Star Observer's website:
    Warning: The Star Observer is a publication of the Gay press, so beware of obscene images and text (though in fairness I acknowledge that one also needs to beware of obscene images and text in non-Gay media these days):
    http://www.starobserver.com.au/news/local-news/bigoted-sledges-in-sport-on-way-out/121514
Labels: G.L.B.T., N.S.W., sport

9. How Mr. Carr accounts for the power of "the Israeli lobby": "party donations and a program of giving trips to MPs and journalists to Israel"

The quotations in that headline come from the transcript (under the headline "Bob Carr 'frustrated' by Israeli lobby and lack of First Class fares") of an interview between Sarah Ferguson and The Hon. Bob Carr, broadcast on April 9, 2014 on ABC1's 7.30, downloaded from the A.B.C.'s website:

http://www.abc.net.au/7.30/content/2014/s3982168.htm

(That interview came to my attention via this installment of The Australian's "CUT & PASTE" column.)

Labels: State of Israel

10. Fr. Zuhlsdorf on what the Conciliar church requires in order for one of its deacons to receive Traditional priestly ordination

See the blog post "ASK FATHER: Can deacons request ordination in Extraordinary Form?", by The Rev. Fr. John Zuhlsdorf, dated April 3, 2014, downloaded from his Fr. Z's Blog:

http://wdtprs.com/blog/2014/04/ask-father-can-deacons-request-ordination-in-extraordinary-form/

Labels: Roman Curia, Summorum Pontificum

11. Liturgical dance still going strong in The Diocese of Wollongong

11.1 At two Masses for "all the Year 6 students from across the Diocese[ of Wollongong]", which (Masses) involved Msgr. Ingham and "a number of our diocesan clergy", "[m]any students carried out the various liturgical ministries as readers, servers, dancers, part of a procession, student musicians, choir and soloists."

The quotations, excluding my square-bracketed interpolations, in that headline come from the first item ("Bishop Peter celebrates with Year six students") of the "In schools" pages (pp. 24-25 of this issue; the quotations in question are on p. 24), no author credited, in Journey ("News from the Catholic Diocese of Wollongong"), No. 54, Summer 2013, ISSN 1835-7024, published by the Catholic Diocese of Wollongong, Wollongong, New South Wales, Australia, available online here:

http://www.dow.org.au/journey

or go straight hither:

http://www.imags.com.au/flipbooks/journey/files/assets/basic-html/index.html#1

Labels: liturgical dance, liturgy, Wollongong

11.2 "Girls from St Patrick's, Port Kembla, have been invited to present the water, which will be blessed as the Easter water, in a liturgical movement at the Easter Vigil Mass at 7pm on 19 April."

The quotation in that headline comes from an item in the "DIARY" section of the weekly "VISTA2014" ("Upcoming Catholic Events") pages (pp. 20-21 this week; the quotation in question is on p. 20), compiled by Nora Jonkers, in the Sydney Catholic Weekly, April 13, 2014, Vol. 73, No. 4720, published by The Catholic Press Newspaper Company Pty. Ltd., apparently not available online. Note that, although the term "liturgical movement" can sometimes, especially in the context of the Easter Vigil, mean something other than a liturgical abuse, judging by the restriction of the participants to girls, "liturgical movement" is presumably used here in the same way in which I always heard it used during my time (early 1990s to early 2000s) in Wollongong systemic (nominally-)Catholic schools: That is, as another way of saying 'liturgical dance'.

Labels: liturgical dance, liturgy, Wollongong

12. Mr. South on the conditions formerly known collectively as Gay bowel disease

See his comment of 27.3.14 / 11pm in the combox of the blog post "Church Busters: A How-To Guide", by Mr. Bill Muehlenberg, dated March 26, 2014, downloaded from Mr. Muehlenberg's CultureWatch website:

http://billmuehlenberg.com/2014/03/26/church-busters-a-how-to-guide/

Labels: G.L.B.T., health

13. In the afternoon of Tuesday, 1. ult., H.R.H. The Duke of Kent "visited the Masonic Hall, St. Michael's Road, Newquay", England.

See the Court Circular—the source of the quotation in that headline—of that date.

Labels: Edward Kent, Freemasons

Reginaldvs Cantvar
Feast of St. Pius V., Pope, Confessor, A.D. 2014

Monday, May 5, 2014

Notes: Tuesday, March 18-Monday, May 5, 2014 (part 1 of 2)

1. More from H.H. The Pope Emeritus (though gloriously reigning at the time of the pronouncement in question) on 'healthy secularity'

See §29 of Ecclesia in Medio Oriente (the Post-Synodal Apostolic Exhortation on the Church in the Middle East), September 14, 2012, pp. 751 ff. (§29 is on p. 764 (p. 18 in your computer's reader)) of Acta Apostolicæ Sedis, Year and Vol. CIV, No. 10, October 5, 2012:

http://www.vatican.va/archive/aas/documents/2012/ottobre2012.pdf

Ecclesia in Medio Oriente is also available in French here:

http://www.vatican.va/holy_father/benedict_xvi/apost_exhortations/documents/hf_ben-xvi_exh_20120914_ecclesia-in-medio-oriente_fr.html

and in English translation here:

http://www.vatican.va/holy_father/benedict_xvi/apost_exhortations/documents/hf_ben-xvi_exh_20120914_ecclesia-in-medio-oriente_en.html

(That reference to 'secularity' came to my attention via the item "SUMMARY OF THE POST-SYNODAL APOSTOLIC EXHORTATION "ECCLESIA IN MEDIO ORIENTE"", dated September 15, 2012, in The Holy See Press Office's Vatican Information Service e-mail bulletin of September 15, 2012, Year XXII, No. 163, available online under the same headline, but undated, here:

http://www.news.va/en/news/summary-of-the-post-synodal-apostolic-exhortation)

Labels: Benedict XVI. Ratzinger, morals, politics, secularism

2. On March 10, 2014, H.M. The Queen gave the Royal Assent to the Marriage and Civil Partnership (Scotland) Bill.

See Notice No. 2017122, Notice Type "Parliament & Assemblies", Sub-Type "Scottish Parliament" (Notice Code: 1208), The London Gazette, Issue No. 60808, p. 5424, March 17, 2014:

https://www.thegazette.co.uk/London/issue/60808/page/5424

One can also find the text of that notice here:

https://www.thegazette.co.uk/notice/L-60808-2017122

(The Marriage and Civil Partnership (Scotland) Bill came to my attention most recently via this CathNews post regarding this Catholic News Service article.)

Labels: Elizabeth II. Windsor, G.L.B.T., law, marriage, U.K.

3. Cardinal Turkson on recent African legislation against sodomy (and on Rome's reaction to that legislation)

See the article "Catholicism growing in heart of Muslim world", by Mr. John Allen, apparently undated, downloaded from The Boston Globe's website:

http://www.bostonglobe.com/news/world/2014/03/08/catholicism-growing-heart-muslim-world/LxIiUYwSlro7Zl6ugvVQJM/story.html

See also the article "Cardinal Turkson criticises Uganda’s anti-gay law", no author credited, dated Tuesday, March 4, 2014, downloaded from CatholicHerald.co.uk:

http://www.catholicherald.co.uk/news/2014/03/04/cardinal-turkson-criticises-ugandas-anti-gay-law/

Labels: G.L.B.T., law, Peter Turkson, Roman Curia, vice

4. Prof. Baskerville on no-fault divorce

See the article "Five Myths about No-Fault Divorce", by Associate Professor Stephen Baskerville, apparently undated, downloaded from the Catholic News Agency's website:

http://www.catholicnewsagency.com/resources/life-and-family/marriage/five-myths-about-no-fault-divorce/

(That article came to my attention via this blog post by Mr. Muehlenberg.)

Labels: divorce, law, marriage

5. "It takes about 20 hours a week to exclusively breastfeed - feeding a baby is by itself a part-time job."

The quotation in that headline comes from the opinion piece "Baby care needs nurturing", by Dr. Julie Smith, dated March 24, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/baby-care-needs-nurturing-20140323-35bhp.html?skin=text-only

Labels: breastfeeding, economics

6. More aged care and disability care Gay propaganda

See the web page "LGBTI Aged Care Training", no author credited, undated, downloaded from ACON's website:

http://www.acon.org.au/ageing/training/lgbti-aged-care-training

(Note that that webpage is the same webpage to which the link in item 1 of this "Notes" post leads; the U.R.L. and content of that webpage have, however, clearly changed.)

Labels: aged care, disability, G.L.B.T.

Reginaldvs Cantvar
Feast of St. Pius V., Pope, Confessor, A.D. 2014

Monday, March 17, 2014

Notes: Tuesday, February 11-Monday, March 17, 2014 (part 2 of 2)

13. On Tuesday, December 31, 2013, it was notified that H.M. The Queen had appointed Lords Home (pron. the same as when that name is spelt 'Hume') and Smith Knights Brethren of the Thistle.

See Supplement No. 1, category "State", sub-category "Honours and Awards New Year Honours List", The London Gazette, Issue No. 60728, p. N1, Monday, December 30, 2013 (but the appointments are to be dated St. Andrew's Day, 2013):

http://www.london-gazette.co.uk/issues/60728/supplements/1

(Those appointments came to my attention during a visit to Wikipedia after reading in the Court Circular that the Thistle Badge and Star of the late Sir Garth Morrison K.T. C.B.E. D.L. had been delivered up. Presumably the reason for the appointments not being announced on St. Andrew's Day, 2013 was the fatal helicopter crash in Glasgow on that date.)

Labels: David Home, Order of the Thistle, Robert Smith

14. Mr. Webster on recent efforts by certain Australian sport organisations to combat opposition to Gaiety

See the sports opinion piece "Cricket Australia still stumped by homophobia", by Mr. Andrew Webster, dated March 14, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/sport/cricket-australia-still-stumped-by-homophobia-20140314-hvisw.html?skin=text-only

(That opinion piece came to my attention via the version published under the headline "'Not out': Cricket baulks at gay code", by the same author, on p. 70 in the "WeekendSport[ sic]" pages of The Sydney Morning Herald, weekend edition, March 15-16, 2014, Issue 55047, ISSN 0312-6315.)

Labels: G.L.B.T., sport

Reginaldvs Cantvar
St. Patrick's Day, A.D. 2014

Notes: Tuesday, February 11-Monday, March 17, 2014 (part 1 of 2)

1. Fr. Unger on St. Irenaeus of Lyons's Adversus haereses, III, 3, 2 ("the locus on the importance of the Roman Church as a criterion of apostolic tradition")

See the article "St. Irenaeus and the Roman Primacy", by The Rev. Fr. Dominic J. Unger O.F.M. Cap., in Theological Studies, 13.3 (1952), pp. 359-418:

http://www.ts.mu.edu/readers/content/pdf/13/13.3/13.3.3.pdf

(That article came to my attention via the reference to it on p. 154 of The Church and Infallibility. A Reply to the Abridged "Salmon"., by The Rt. Rev. The (7th) Lord Abbot of Downside (B. C. Butler) O.S.B., published by The Catholic Book Club, undated (but sometime between September 1952 and 10.3.56, judging by, respectively, that article and the handwritten inscription in my second-hand copy of The Church and Infallibility.)

Labels: dogma, Papacy, St. Irenaeus of Lyons

2. Mr. Saletan on the opinions of nominal Catholics on matters of Faith and morals

See the article "The pope's Catholic problem", by Mr. William Saletan, dated February 12, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/the-popes-catholic-problem-20140212-32gv5.html?skin=text-only

Labels: demography

3. For the U.N. Committee on the Rights of the Child's concluding observations on the most recent periodic reports of, respectively, the Holy See and the Russian Federation, see here:

http://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/VAT/CRC_C_VAT_CO_2_16302_E.pdf

and here:

http://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/RUS/CRC_C_RUS_CO_4-5_16305_E.pdf

Labels: U.N.O.

4. A couple of recent Gubernatorial (New South Wales) activities

4.1 On Friday, the 7th ult., Her Excellency The Governor of New South Wales "attended the Rainbow Flag Raising Ceremony celebrating the launch of the 2014 Sydney Gay and Lesbian Mardi Gras Festival followed by a reception hosted by The Lord Mayor, at Sydney Town Hall."

The quotation in that headline comes from the webpage "Friday, 7 February 2014" at the official Governor of New South Wales website:

http://www.governor.nsw.gov.au/news/diary-of-engagements/friday-7-february-2014/

(That event came to my attention via the Vice-Regal notices on p. 31 in the classifieds section of the "Weekend Business" supplement of The Sydney Morning Herald, Weekend Edition, February 8-9, 2014, No. 55017, ISSN 0312-6315.)

Labels: G.L.B.T., N.S.W.

4.2 In the early evening of Friday, the 28th ult., Her Excellency The Governor of New South Wales "opened the “We Are Family”, photographic, video and installation works exhibition, as part of the Gay and Lesbian Mardi Gras, at the Australian Centre for Photography, Paddington."

The quotation, including the italics, in that headline comes from the webpage "Friday, 28 February 2014" at the official Governor of New South Wales website:

http://www.governor.nsw.gov.au/news/diary-of-engagements/friday-28-february-2014/

(That event came to my attention via the Vice-Regal notices on p. 34 in the Classifieds section of the "BusinessDay[ sic]" supplement of The Sydney Morning Herald, Weekend Edition, March 1-2, 2014, Issue No. 55035, ISSN presumably 0312-6315.)

Labels: G.L.B.T., N.S.W.

5. Prof. Flannery's curriculum vitæ

See the article "Tim Flannery: a man for all climates", by Mr. Mark Dapin, dated February 8, 2014, downloaded from The Sydney Morning Herald's website:

Warning: The following article contains references which might scandalise some readers:

http://www.smh.com.au/national/tim-flannery-a-man-for-all-climates-20140207-3271c.html?skin=text-only

(That article came to my attention via the version printed as an installment in the Herald's "LUNCH WITH" series under the headline "Beefing up for a climate fight" ("LUNCH WITH TIM FLANNERY"), by the same author, on p. 6 of the "News Review" supplement of The Sydney Morning Herald, Weekend Edition, February 8-9, 2014, No. 55017, ISSN 0312-6315.)

Labels: Tim Flannery

6. Mr. Ban (the United Nations Secretary-General) on what he regards as proper and improper treatment of Gays & al. around the world

See the article "Ahead of Sochi Olympic Games, Ban praises power of sport to unite all people", no byline, dated February 6, 2014, downloaded from the United Nations website::

http://www.un.org/apps/news/story.asp?NewsID=47094#.UxWXLmex5es

(One of Mr. Ban's remarks came to my attention via the article "Putin hypocrisy exposed", no byline (but the stated sources were The Times, A.F.P., and The Wall Street Journal), on p. 9 in the "WORLD" section of The Weekend Australian, February 8-9, 2014, First Edition, No. 15337, ISSN 1038-8761, published by Nationwide News Pty. Limited, and available online under the same headline, with the same stated sources, dated February 8, 2014, at The Australian's website:

http://www.theaustralian.com.au/business/wall-street-journal/putin-hypocrisy-exposed/story-fnay3ubk-1226820990769)

Labels: G.L.B.T., U.N.O.

7. Uganda's President has assented to a Bill which strengthens Uganda's anti-sodomy law.

See the article "Ugandan president signs law to jail gays for life", by Grace Matsiko, dated February 25, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/ugandan-president-signs-law-to-jail-gays-for-life-20140225-hvdn7.html?skin=text-only

Labels: G.L.B.T., Uganda

8. Dr. Zimmermann on no-fault divorce

See the article "The innocent victims of 'no-fault' divorce", by Dr. Augusto Zimmermann, dated March 1, 2014, downloaded from News Weekly's website:

http://newsweekly.com.au/article.php?id=56495

Labels: divorce, law, marriage

9. "It's thought that about 50 per cent of new [H.I.V. ]infections come from people who don't know they are infected"

The quotation, excluding my parenthesis, was attributed to Prof. Sharon Lewin ("a world-leading HIV researcher") in the article "HIV study lifts prevention hopes", by Julia Medew, dated March 7, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/national/hiv-study-lifts-prevention-hopes-20140306-34a9m.html?skin=text-only

Labels: H.I.V./A.I.D.S.

10. Some research on the hours of paid and unpaid work done by Australian men and women, respectively

See the paper "COOKING, CARING AND VOLUNTEERING: UNPAID WORK AROUND THE WORLD" (O.E.C.D. Social, Employment, and Migration Working Paper No. 116), by Dr. Veerle Miranda, dated September 20, 2011, downloaded from the O.E.C.D.'s website:

http://search.oecd.org/officialdocuments/displaydocumentpdf/?cote=DELSA/ELSA/WD/SEM(2011)1&doclanguage=en

(That research came to my attention via an article in the Sydney Daily Telegraph of Friday, March 7, 2014.) But see the opinion piece "Women struggle to escape drudgery", by Peter Martin, dated March 9, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/women-struggle-to-escape-drudgery-20140308-34dvj.html?skin=text-only

Labels: economics, families, work

11. "Many people who oppose marriage equality do so, not out of homophobia, but out of sincerely held religious beliefs or views about the nature of marriage"

The quotation in that headline was attributed to "Australian Marriage Equality national director Rodney Croome" in the article "Mundine comes out fighting against Abbott race, gay slurs", by Mr. Rick Morton, dated March 8, 2014, downloaded from (behind the paywall at) The Australian's website:

http://www.theaustralian.com.au/national-affairs/mundine-comes-out-fighting-against-abbott-race-gay-slurs/story-fn59niix-1226848483178

(That article came to my attention via the version printed under the same headline and with the same author on p. 8 in "THE NATION" section of The Weekend Australian, March 8-9, 2014, First Edition, No. 15361, ISSN 1038-8761, published by Nationwide News Pty. Limited.)

Labels: marriage, morals

12. A few recent Masonic activities by H.R.H. The Duke of Kent (Grand Master, United Grand Lodge of England)

12.1 In the evening of Wednesday, the 26th ult., H.R.H. The Duke of Kent "attended the Board of Grand Stewards Dinner at the Goring Hotel, … London", England

See the Court Circular—the source for the quotation (excluding the ellipsis symbol) in that headline—of that day.

Labels: Edward Kent, Freemasons

12.2 In the afternoon of Thursday, the 6th instant, H.R.H. The Duke of Kent visited Stroud Masonic Hall. Later in the same day, His Royal Highness "attended a Service in Gloucester Cathedral to mark the work of the local Freemasons".

See the Court Circular—the source for the quotation in that headline—of that day.

Labels: Anglicans, Edward Kent, Freemasons

Reginaldvs Cantvar
St. Patrick's Day, A.D. 2014

Tuesday, February 11, 2014

Notes: Wednesday, January 1-Monday, February 10, 2014 (part 2 of 2)

12. "Pope Francis assured mothers that breast-feeding their babies in public, even during a papal Mass in the Sistine Chapel, is OK."

The quotation in that headline comes from the article "Pope to moms: It's OK to breast-feed in public, even in Sistine Chapel", by Carol Glatz, dated January 13, 2014, downloaded from the Catholic News Service's (C.N.S.'s) website:

http://www.catholicnews.com/data/stories/cns/1400120.htm

(A version of that article is also available at the Sydney Catholic Weekly's website, under the headline "Pope to mums: It’s OK to breast-feed in public, even in Sistine Chapel", with the same author, dated January 14, 2014:

http://www.catholicweekly.com.au/article.php?classID=1&subclassID=99&articleID=13161&class=Copyright&subclass=Vatican

and it came to my attention via the version printed under the headline "Breastfeeding in Mass is OK, says Pope", with the same author, on p. 13 of The Catholic Weekly, January 19, 2014, Vol. 73, No. 4708, published by The Catholic Press Newspaper Company Pty. Ltd.) For another report on the same event, see the article "Pope tells mothers to breastfeed in church", by Philip Pullella, dated January 13, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/pope-tells-mothers-to-breastfeed-in-church-20140113-hv85w.html?skin=text-only

For translations of the relevant portion of the Papal homily in question (that of January 12, 2014, for the New-calendar Feast of the Baptism of the Lord), see here:

http://www.vatican.va/holy_father/francesco/homilies/2014/documents/papa-francesco_20140112_omelia-battesimo_en.html

and the Vatican Information Service item "TO BE PART OF THE CHAIN OF FAITH IS THE MOST BEAUTIFUL INHERITANCE A CHILD CAN RECEIVE", dated January 12, 2014, downloaded from the NEWS.VA website:

http://www.news.va/en/news/to-be-part-of-the-chain-of-faith-is-the-most-beaut

(The latter came to my attention via the version with same headline and date in the Holy See Press Office's Vatican Information Service e-mail bulletin of January 13, 2014, Year XXII, No. 7.)

Labels: breastfeeding, Francis Bergoglio, morals

13. "Few British Catholics agree with Church on abortion, gay ‘marriage’ and euthanasia: poll"

The quotation in that headline is the headline of an article by Hilary White, dated Wednesday, December 4, 2013, downloaded from LifeSiteNews.com:

http://www.lifesitenews.com/news/few-british-catholics-agree-with-church-on-abortion-gay-marriage-and-euthan

(That article came to my attention via this AQ thread.)

Labels: U.K.

14. Some information on the health risks involved in the Gay/Lesbian lifestyle

See the article "HOMOSEXUALITY UNMASKED", dated January 2011, downloaded from Christian Order's website:

http://www.christianorder.com/features/features_2011/features_jan11_bonus.html

(That article came to my attention via the comment by Rory Donnellan on January 29, 2014 at 1:01 pm in the comments section of this blog post/press release by Mr. Gaynor.)

Labels: G.L.B.T., health, medicine

15. "Two to three days a week at work is the best job/home lifestyle balance for career mums"

The quotation in that headline is the headline of an article by Laura Chalmers, dated January 10, 2014, downloaded from couriermail.com.au:

http://www.couriermail.com.au/news/queensland/two-to-three-days-a-week-at-work-is-the-best-jobhome-lifestyle-balance-for-career-mums/story-fnihsrf2-1226798530510

(That article came to my attention via the similar article "Making family life work", also by Laura Chalmers, p. 03, the Sydney Daily Telegraph, Friday, January 10, 2014, ISSN 1038-8745, published by Nationwide News Pty. Ltd.)

Labels: economics, families, work

Reginaldvs Cantvar
Feast of St. Scholastica, Virgin, A.D. 2014

Monday, February 10, 2014

Notes: Wednesday, January 1-Monday, February 10, 2014 (part 1 of 2)

1. "Russian President Vladimir Putin signed a law banning abortion advertising"

The quotation in that headline comes from the blog post "Russia Chooses Life", by Steven W. Mosher, undated (though posted some time in 2013), downloaded from the Population Research Institute's website:

http://www.pop.org/content/russia-chooses-life

(That blog post came to my attention via this True Catholic
thread
.)

Labels: abortion, Russia, Vladimir Putin

2. According to Sir Paul Coleridge, in the U.K. "cohabiting parents account for only 19 per cent of all couples — but the separation of cohabiting parents makes up 48 per cent of all family breakdowns", and "a child born today has only a 50% chance of living with both parents by the time they are 15"

The quotations, including the bold type, in that headline come respectively from the opinion piece "What does it say about our values when a judge is rebuked for speaking up for marriage?", by Stephen Glover, dated December 18, 2013, downloaded from the MailOnline:

http://www.dailymail.co.uk/debate/article-2526082/What-does-say-values-judge-rebuked-speaking-marriage.html

and from the text of the Welcome and Introduction (for the Marriage Foundation Conference "For the Sake of the Kids — Relationships Education: the problem, policy and practice"), by The Hon. Mr. Justice Paul Coleridge Q.C. (the English High Court's family division judge), downloaded from The Marriage Foundation's website:

http://www.marriagefoundation.org.uk/Web/Content/Default.aspx?Content=452

(The latter came to my attention via the article "Teach married couples about monogamy for sake of the children, says High Court judge", by John Bingham, dated December 5, 2013, downloaded from the London Daily Telegraph's website:

http://www.telegraph.co.uk/women/sex/divorce/10497368/Teach-married-couples-about-monogamy-for-sake-of-the-children-says-High-Court-judge.html)

Labels: cohabitation, demography, families, vice

3. Some figures on abortion in Australia

See the inset "Abortion statistics in Australia" in the article "Liberal Senator Cory Bernardi hits out at 'pro-death' abortion, step-families, IR laws", by Latika Bourke, dated (or, at least, last updated) Monday, January 6, 2014, downloaded from the A.B.C.'s website:

http://www.abc.net.au/news/2014-01-06/cory-bernardi-says-pro-choice-is-pro-death/5183852

Labels: abortion

4. "Update on 'Justice Equality Defense and Immigration Minister' of Ireland, Israeli Nationalist, Alan Shatter"

The quotation in that headline is the headline of a blog post by Maurice Pinay, dated Thursday, January 2, 2014, downloaded from his eponymous blog:

http://mauricepinay.blogspot.com/2014/01/update-on-justice-equality-defense-and.html

Labels: Alan Shatter, Ireland

5. "Husbands living in a "harem" with multiple wives have been cleared to claim state benefits for all their different partners."

The quotation in that headline comes from the article "Muslim husbands with more than one wife to get extra benefits as ministers recognise polygamy", no byline, dated February 3, 2008, downloaded from the MailOnline:

http://www.dailymail.co.uk/news/article-512043/Muslim-husbands-wife-extra-benefits-ministers-recognise-polygamy.html

(That article came to my attention via this blog post by Mr. Muehlenberg.)

Labels: families, law, marriage, polyamory, U.K.

6. "The lesbian couple are the girl's legal parents because they were in a defacto relationship when she was born and therefore the "father" is not considered a parent under the law"

The quotation in that headline comes from the article "Gay man fights to be recognised as father of child to lesbian couple", by Janet Fife-Yeomans, dated January 8, 2014, downloaded from the Sydney Daily Telegraph's website:

http://www.dailytelegraph.com.au/news/nsw/gay-man-fights-to-be-recognised-as-father-of-child-to-lesbian-couple/story-fni0cx12-1226797386537

(That article came to my attention via the version printed in Thursday, January 9, 2014's issue of The Tele.)

Labels: families, G.L.B.T., law

7. Dr. Oriel on scientific findings regarding fetal pain (and on the implications of those findings for abortion law)

See the opinion piece "Abortion laws must recognise scientific changes", by Dr. Jennifer Oriel, dated January 11, 2014, downloaded from (behind the paywall at) The Australian's website:

http://www.theaustralian.com.au/opinion/abortion-laws-must-recognise-scientific-changes/story-e6frg6zo-1226799220817

(That opinion piece came to my attention via the version printed under the same headline, with the same author, on p. 17 of the "INQUIRER" section of The Weekend Australian, January 11-12, 2014, First Edition, No. 15313, ISSN 1038-8761, published by Nationwide News Pty. Limited.)

Labels: abortion, pregnancy

8. "Nigerian President Goodluck Jonathan signed a bill that criminalises same-sex relationships"

The quotation in that headline comes from the article "Nigeria criminalises same-sex relationships", by Felix Onuah, dated January 14, 2014, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/nigeria-criminalises-samesex-relationships-20140114-30raz.html?skin=text-only

Labels: G.L.B.T., law, Nigeria, vice

9. A couple of recent items regarding the risk factors for sexual abuse of children

9.1 Prof. Goodman-Delahunty on sexual abuse of children by their respective parents

See "Profiling parental child sex abuse" ("Trends & issues in crime and criminal justice no. 465"), by Prof. Jane Goodman-Delahunty, Australian Institute of Criminology (A.I.C.), Canberra, A.C.T., Australia, January 2014, ISSN 1836-2206, downloaded from the A.I.C.'s website:

http://www.aic.gov.au/publications/current%20series/tandi/461-480/tandi465.html

According to that paper, "non-biological fathers (55%) predominated"; the natural question to ask, then, is something along the lines of What percentage of fathers are non-biological? The paper seems neither to ask nor to answer such a question, but my best guess at an answer would be Significantly less than 55%.

(That paper came to my attention via the article "Sex abuse dads not victims of molesters", by John Ferguson, dated January 14, 2014, downloaded from (behind the paywall at) The Australian's website:

http://www.theaustralian.com.au/national-affairs/in-depth/sex-abuse-dads-not-victims-of-molesters/story-fngburq5-1226801004198)

Labels: crime, families, sexual abuse

9.2 Dr. Sammut on non-traditional family structure as a risk factor for child sexual abuse

See the paper "The New Silence: Family Breakdown and Child Sexual Abuse" (Issue Analysis (ISSN 1440 6306) No. 142), by Dr. Jeremy Sammut, dated January 30, 2014, published by The Centre for Independent Studies, St. Leonards, N.S.W., Australia, downloaded from that Centre's website:

http://www.cis.org.au/publications/issue-analysis/article/5043-the-new-silence-family-breakdown-and-child-sexual-abuse

See also the article "Political correctness dooms kids to abuse" by Rick Morton (which brought Dr. Sammut's paper to my attention) and the opinion piece "Abuse a bigger danger in non-traditional families" by Dr. Sammut, both dated January 30, 2014, both downloaded from The Australian's website:

http://www.theaustralian.com.au/news/nation/political-correctness-dooms-kids-to-abuse/story-e6frg6nf-1226813368985

http://www.theaustralian.com.au/opinion/abuse-a-bigger-danger-in-nontraditional-families/story-e6frg6zo-1226813360929

Labels: crime, families, G.L.B.T., sexual abuse

10. "Russians attack EU stance on gay rights"

The quotation in that headline is the headline of an article by Ben Hoyle, dated January 17, 2014, downloaded from The Australian's website:

http://www.theaustralian.com.au/news/world/russians-attack-eu-stance-on-gay-rights/story-fnb64oi6-1226803500883

Labels: E.U., G.L.B.T., Russia, Vladimir Putin

11. The latest figures on the number of Catholics in England and Wales

See the article "Roman Catholics decline in England, Wales", by Trevor Grundy, dated January 7, 2014, downloaded from the Religion News Service's website:

http://www.religionnews.com/2014/01/07/roman-catholics-decline-england-wales/

(That article came to my attention via CathNews.)

Labels: demography, social trends, U.K.

Reginaldvs Cantvar
Feast of St. Scholastica, Virgin, A.D. 2014

Tuesday, December 31, 2013

Notes: Wednesday, December 4-Tuesday, December 31, 2013 (part 3 of 3)

15. New South Wales (N.S.W.) Premier "Mr O’Farrell said Mr Vic Alhadeff had been appointed the new Community Relations Commission’s Chair, and Mr Hakan Harman as its CEO."

The quotation in that headline comes from the media release "NEW CHAIR TO LEAD COMMUNITY RELATIONS COMMISSION", no author credited, dated Friday, December 17, 2013 (sic—presumably the author meant Tuesday, December 17, 2013, given that those appointments came to my attention via the Wednesday, December 18, 2013 issue of the Sydney Daily Telegraph), downloaded from the N.S.W. Premier's website:

http://www.premier.nsw.gov.au/sites/default/files/NEW%20CHAIR%20TO%20LEAD%20COMMUNITY%20RELATIONS%20COMMISSION.pdf

and also available at the Community Relations Commission's (C.R.C.'s) and Office of Communities' respective websites:

http://www.crc.nsw.gov.au/__data/assets/pdf_file/0016/22453/131219_New_Chair_to_Lead_Community_Relations_Commission.pdf

http://www.communities.nsw.gov.au/assets/pubs/media/citizenship_communities/131217_new_chair_to_lead_Community_Relations_Commission.pdf

For reaction to Mr. Alhadeff's appointment, see the article "George Brandis reveals new direction for human rights commission", by Deborah Snow, dated December 21, 2013, in which Ms Snow observes that
Ironically, as the Abbott government prepares to soften laws against racially offensive speech, the O'Farrell government in New South Wales seems headed down a different path. This week it appointed the chief of the Jewish Board of Deputies, Vic Alhadeff, as chairman of the state community relations commission. Alhadeff, a former South African newsman, was a fierce opponent of apartheid who lost grandparents in the Holocaust. As a consequence, he is a staunch defender of anti-discrimination laws, particularly those aimed at racism.
[downloaded from The Sydney Morning Herald's website:
http://www.smh.com.au/national/george-brandis-reveals-new-direction-for-human-rights-commission-20131220-2zqpk.html?skin=text-only
and brought to my attention by the version printed under the headline "Inside job draws fire", by the same author, pp. 6-7 in the "News Review" supplement of The Sydney Morning Herald, Weekend Edition, December 21-22, 2013, no issue number stated (but presumably No. 54976—the issue number for December 28-29, 2013, minus five (not seven, since The Sun-Herald doesn't count, and not six, since there was no Herald on Christmas Day)), ISSN 0312-6315]
and see also the Middle East Reality Check blog posts "The New Face of Multiculturalism in NSW" and "'A Fierce Opponent of Apartheid'", both by MERC, dated respectively Thursday, December 19, 2013 and Sunday, December 22, 2013:

http://middleeastrealitycheck.blogspot.com.au/2013/12/the-new-face-of-multiculturalism-in-nsw.html

http://middleeastrealitycheck.blogspot.com.au/2013/12/a-fierce-opponent-of-apartheid.html

Labels: N.S.W. Jewish Board of Deputies, Vic Alhadeff

16. "The Fraser government set up the AHRC as an almost quasi-judicial body that would have the power to enforce rulings on issues within its ambit. But a 1995 High Court judgment stripped the commission of the power to make and enforce decisions, turning it into a toothless tiger. Hence the AHRC no longer conducts hearings."

The quotation in that headline comes from the opinion piece "Brandis and Dreyfus take hypocrisy to a new level", by Prof. Peter van Onselen, dated December 21, 2013, downloaded from (behind the paywall at) The Australian's website:

http://www.theaustralian.com.au/opinion/columnists/brandis-and-dreyfus-take-hypocrisy-to-a-new-level/story-fn53lw5p-1226787694605

(That opinion piece came to my attention via the version printed under the same headline (but with all the letters capitals), with the same author, on p. 18 in the "COMMENTARY" pages of the "INQUIRER" section of The Weekend Australian, December 21-22, 2013, First Edition, No. 15298, ISSN 1038-8761, published by Nationwide News Pty. Limited.)

Labels: A.H.R.C.

17. "A British Medical Journal study on euthanasia in Flanders, Belgium, found that 47 per cent of deaths were not reported. Last year The Lancet published a meta-analysis which found that 23 per cent of euthanasia deaths went unreported by doctors. In both studies, unreported euthanasia was associated with questionable and sometimes illegal practice."

The quotation in that headline comes from the article "Euthanasia advocates' overkill stymies the right-to-die debate", by Dr. Jennifer Oriel, dated December 28, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/opinion/euthanasia-advocates-overkill-stymies-the-righttodie-debate/story-e6frg6zo-1226790758222

(That article came to my attention via the version printed under the same headline, with the same author, on p. 14 in the "INQUIRER" section of The Weekend Australian, December 28-29, 2013, First Edition, No. 15303, ISSN 1038-8761, published by Nationwide News Pty. Limited.)

Labels: euthanasia

18. Prof. Anderson et al. apply against life sentences an argument which is often used against the death penalty

See the opinion piece "NSW sentencing laws are out of step with its human rights obligations", by Associate Professor John Anderson, Mrs. Felicity Wardhaugh, and Mr. Daniel Matas, dated December 28, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/nsw-sentencing-laws-are-out-of-step-with-its-human-rights-obligations-20131227-2zz0p.html?skin=text-only

(That opinion piece came to my attention via the version printed under the headline "Parole … eventually" (ellipsis symbol in the original), with the same authors, on p. 11 of the "News Review" supplement of The Sydney Morning Herald, Weekend Edition, December 28-29, 2013, No. 54981, ISSN 0312-6315.)

Labels: crime, death penalty, justice

19. Cardinal Scola on, among other things, religious liberty and what His Eminence regards as "the proper and necessary non-confessionality of the state"

See the article "THE EDICT OF MILAN: INITIUM LIBERTATIS", by His Eminence The Most Rev. The Cardinal Archbishop of Milan, on pp. 10-19 of the Humanitas review, No. 5 (Second Semester 2013), Biannual English Digital Edition, available for download from here:

http://review.humanitas.cl/

or go straight hither:

http://issuu.com/humanitas60/docs/h5_ingl__s_baja?e=2218461/6092099

Labels: religious liberty, Confessional State

Reginaldvs Cantvar
Tuesday in the Octave of Christmas, and the feast of St. Sylvester I., Pope, Confessor, A.D. 2013

Notes: Wednesday, December 4-Tuesday, December 31, 2013 (part 2 of 3)

9. The United Nations Committee on the Rights of the Child "recommended that corporal punishment be explicitly prohibited in all states and territories" and "that ‘reasonable chastisement’ not be used as a defence to the charge of assault of a child"

The quotations in that headline come from p. 24 of the Children’s Rights Report 2013 by Australia's National Children's Commissioner, Ms Megan Mitchell, for the Australian Human Rights Commission (A.H.R.C.), downloaded from the A.H.R.C.'s website:

http://www.humanrights.gov.au/publications/childrens-rights-report-2013

Labels: A.H.R.C., corporal punishment, families, human rights, U.N.O.

10. Prof. Williams on, among other things, Australian Marriage Equality's intervention in the High Court to argue that Federal Parliament can legislate for Gay Marriage, and the failure of Gay Marriage's opponents to intervene to argue the contrary

See the opinion piece "Gay marriage is now only a matter of political will", by Prof. George Williams, dated December 17, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/gay-marriage-is-now-only-a-matter-of-political-will-20131216-2zh9h.html?skin=text-only

See also the letter published on the webpage "It's a challenge to stand up to anti-Israel zealots" under the headline "Court's so-called activism", by Mr. Rodney Croome A.M., dated December 30, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/opinion/letters/its-a-challenge-to-stand-up-to-antiisrael-zealots/story-fn558imw-1226791564914

Labels: A.M.E., Constitution, G.L.B.T., H.C.A., law, marriage

11. "A federal judge ruled that a law banning the "cohabitation" of a man and several women in marriage-like relationships in Utah violated the First Amendment."

The quotation in that headline comes from the article "Polygamist Kody Brown wins the right to live with four Mrs Browns", by Rhys Blakely, dated December 17, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/news/world/polygamist-kody-brown-wins-the-right-to-live-with-four-mrs-browns/story-fnb64oi6-1226784779999

Labels: polyamory

12. Mr. O'Malley on how the "slights issuing from the White House to the Russian hosts of the 2014 Winter Olympic Games could not be more studied nor more pointed"

See the article "'Busy' Obama sends gay delegate Billie Jean King to Russia's Olympics", by Nick O'Malley, dated December 27, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/busy-obama-sends-gay-delegate-billie-jean-king-to-russias-olympics-20131227-hv6z4.html?skin=text-only

(That article was also printed under the headline "Obama's message on Russian gay laws", with the same author, on p. 11 in the "WORLD REPORT" section of The Sydney Morning Herald, Weekend Edition, December 28-29, 2013, No. 54981, ISSN 0312-6315.)

See also the articles "Barack Obama's Billie Jean King move checkmates Russia's anti-gay laws" and "A day in the life of: The Olympics", no bylines, dated December 18 and 20, 2013, respectively, downloaded from The Australian's website:

http://www.theaustralian.com.au/sport/barack-obamas-billie-jean-king-move-checkmates-russias-antigay-laws/story-e6frg7mf-1226785906532

http://www.theaustralian.com.au/news/world/a-day-in-the-life-of-the-olympics/story-e6frg6so-1226786860020

Labels: Barack Obama, G.L.B.T., Vladimir Putin

13. "The World Health Organization (WHO) is distributing a document setting the standards for sexual education in Europe"

The quotation in that headline comes from the article "WHO sex-ed guidelines promote masturbation, abortion, homosexuality to children: parents outraged", by Sofia Vazquez-Mellado, dated October 8, 2013, downloaded from LifeSiteNews.com:

http://www.lifesitenews.com/news/who-sex-ed-guidelines-promote-masturbation-abortion-homosexuality-to-childr

(That article came to my attention via this blog post by Mr. Muehlenberg.) The document (Standards for Sexuality Education in Europe) is available for download from the WHO Collaborating Centre for Sexual and Reproductive Health website's "WHO Regional Office for Europe and BZgA: Standards for Sexuality Education in Europe" webpage:

http://www.bzga-whocc.de/?uid=685e1296995416b8b1d7cee2469dde0b&id=Seite4489

Labels: sex ed, U.N.O., vice

14. The face of Liberalism

See the article "Original Tussaud mask restores face of the Terror, pockmarks and all", no byline, dated December 18, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/news/world/original-tussaud-mask-restores-face-of-the-terror-pockmarks-and-all/story-fnb64oi6-1226785303384

Labels: liberalism

Reginaldvs Cantvar
Tuesday in the Octave of Christmas, and the feast of St. Sylvester I., Pope, Confessor, A.D. 2013

Notes: Wednesday, December 4-Tuesday, December 31, 2013 (part 1 of 3)

1. "The location of the site of Golgotha and the tomb of Jesus is solidly attested by a critically tested pre-Constantinian tradition. Both are enclosed in the Holy Sepulchre church."

The quotation in that headline was attributed to the late The Rev. Dr. Jerome Murphy-O’Connor O.P. in the feature article "Fr Jerome Murphy-O’Connor: Why scholarship trumps archaeology", by Jill Hamilton, dated Wednesday, November 13, 2013, downloaded from CatholicHerald.co.uk:

http://www.catholicherald.co.uk/features/2013/11/13/father-jerome-murphy-oconnor-why-scholarship-trumps-archaeology/

Labels: history

2. "By 1990, support for abortion rights became the one issue on which the leadership of the Democratic Party would tolerate no deviation among members seeking high state or national office."

The quotation in that headline comes from the feature article "Kennedy: the man who led Catholics to a new frontier", by Kenneth L. Woodward, dated November 14, 2013, downloaded from The Tablet's website:

http://www.thetablet.co.uk/features/2/827/kennedy-the-man-who-led-catholics-to-a-new-frontier

Labels: Democratic Party (U.S.)

3. A couple of recent items regarding legalisation of Gay Marriage

3.1 "A strong majority in staunchly Catholic Croatia voted on Sunday[ (presumably December 1, 2013)] to outlaw same-sex marriage"

The quotation in that headline comes from the article "Croatians vote to outlaw gay marriage", by Lajla Veselica, dated December 2, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/croatians-vote-to-outlaw-gay-marriage-20131202-2ym69.html?skin=text-only

Labels: Croatia, G.L.B.T., law, marriage

3.2 "Utah became the 18th US state to legalise gay marriage, just one day after New Mexico became the 17th."

The quotation in that headline comes from the article "How Duck Dynasty exposed a new Christmas culture war", by Nick O'Malley, dated December 4, 2013, downloaded from The Sydney Morning Herald's website (though the original text had the "th"s after "18" and "17" as superscripts):

http://www.smh.com.au/world/how-duck-dynasty-exposed-a-new-christmas-culture-war-20131224-hv6qm.html?skin=text-only

See also the article "Utah to force justices to revisit same-sex marriage", by Adam Litpak, dated December 27, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/utah-to-force-justices-to-revisit-samesex-marriage-20131227-hv6zu.html?skin=text-only

(That article was also printed under the headline "Utah's same-sex ruling highlights speed of change", with the same author, on p. 11 in the "WORLD REPORT" section of The Sydney Morning Herald, Weekend Edition, December 28-29, 2013, No. 54981, ISSN 0312-6315.)

Labels: G.L.B.T., law, marriage, U.S.A.

4. A couple of recent items regarding legalisation of sodomy

4.1 "Homosexual sex is illegal, and punishable by life in prison, India’s highest court has ruled."

The quotation in that headline comes from the article "Gay sex ruled illegal by India's highest court", by Ben Doherty, dated December 12, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/gay-sex-ruled-illegal-by-indias-highest-court-20131211-hv5b7.html?skin=text-only

Labels: G.L.B.T., India, law

4.2 "Uganda has passed an anti-gay bill that imposes life sentences for some homosexual acts."

The quotation in that headline comes from the article "Life sentence for gay Ugandans", no byline (though the source is the London Daily Telegraph), dated December 22, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/world/life-sentence-for-gay-ugandans-20131221-2zrzt.html?skin=text-only

Labels: G.L.B.T., law, Uganda

5. On Wednesday, December 4, 2013, at Buckingham Palace, H.M. The Queen handed Lord Guthrie His Lordship's Field Marshal's Baton.

See the Court Circular of the day. For a good, clear, but rather small image of the Baton, see Her Majesty's official flickr account:

http://www.flickr.com/photos/britishmonarchy/11219672955/

Labels: British Army

6. "we are finding more Anglicans than Catholics in high-fee Catholic schools, and as many Catholics as Anglicans in high-fee independent schools"

The quotation in that headline comes from the article "Demographics change the schools game", by John Black, dated December 7, 2013, downloaded from The Australian's website:

http://www.theaustralian.com.au/national-affairs/policy/demographics-change-the-schools-game/story-fn59nlz9-1226777459375

(That article came to my attention via the version printed under the same headline and with the same byline on p. 29 in the "INQUIRER" section of The Weekend Australian, December 7-8, 2013, First Edition, No. 15286, ISSN 1038-8761, published by Nationwide News Pty. Limited.)

Labels: Catholic schools

7. Prof. Williams on abortion law in Australia

See the opinion piece "Decriminalise abortion: pro-choice in practice is not the same as legal protection", by Prof. George Williams, dated December 3, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/decriminalise-abortion-prochoice-in-practice-is-not-the-same-as-legal-protection-20131202-2ym16.html?skin=text-only

Labels: abortion, law

8. "The unspoken truth about marriage and kids"

The quotation in that headline is the headline of an opinion piece by Bettina Arndt, dated December 16, 2013, downloaded from The Sydney Morning Herald's website:

http://www.smh.com.au/comment/the-unspoken-truth-about-marriage-and-kids-20131215-2zf3f.html?skin=text-only

In that opinion piece, Ms Arndt restates, in a shorter form, some of what she wrote in the article about which I blogged in item 3.2 of this Notes post.

Labels: cohabitation, demography, marriage, social trends, vice

Reginaldvs Cantvar
Tuesday in the Octave of Christmas, and the feast of St. Sylvester I., Pope, Confessor, A.D. 2013

Tuesday, December 17, 2013

Some points of interests in the High Court's December 12, 2013 Gay Marriage judgment

The following bullet points contain quotations, followed by their respective paragraph numbers, from the text of the High Court of Australia's Reasons for Judgment, on December 12, 2013, in the case of the Commonwealth of Australia v. the Australian Capital Territory 2013 (HCA 55):

http://www.austlii.edu.au/au/cases/cth/HCA/2013/55.html

All bold, italics, parentheses, and hyperlinks are as in the original.
  • This Court must decide whether s 51(xxi) permits the federal Parliament to make a law with respect to same sex marriage because the ACT Act would probably operate concurrently with the Marriage Act if the federal Parliament had no power to make a national law[5] providing for same sex marriage. If the federal Parliament did not have power to make a national law with respect to same sex marriage, the ACT Act would provide for a kind of union which the federal Parliament could not legislate to establish. By contrast, if the federal Parliament can make a national law providing for same sex marriage, and has provided that the only form of marriage shall be between a man and a woman, the two laws cannot operate concurrently.
    9
  • Because the status, the rights and obligations which attach to the status and the social institution reflected in the status are not, and never have been, immutable, there is no warrant for reading the legislative power given by s 51(xxi) as tied to the state of the law with respect to marriage at federation. Tying the ambit of the head of power to the then state of the law would fail to recognise that, as Higgins J said[26] in Attorney-General for NSW v Brewery Employés Union of NSW ("the Union Label Case"), it is necessary to construe the Constitution remembering that "it is a Constitution, a mechanism under which laws are to be made, and not a mere Act which declares what the law is to be". Not only that, it would fail to recognise that, as Windeyer J demonstrated[27] in the Marriage Act Case, "[m]arriage can have a wider meaning for law" than the meaning given in Hyde v Hyde. The definition in Hyde v Hyde was proffered[28] as a statement of "essential elements and invariable features" in answer to the question "What, then, is the nature of this institution as understood in Christendom?" The answer to that question cannot be the answer to the question "What is the nature of the subject matter of the marriage power in the Australian Constitution?"
    19
  • the definitions of marriage given in Hyde v Hyde and similar nineteenth century cases governed what kinds of marriage contracted in a foreign jurisdiction would be treated as yielding the same or similar rights and consequences as a marriage contracted in England in accordance with English law. They were cases which necessarily accepted that there could be other kinds of relationship which could properly be described as "marriage" and the cases sought to deal with that observation by confining the kinds of marriage which would be recognised in English law to those which closely approximated a marriage contracted in England under English law.
    28
  • statements made in cases like Hyde v Hyde, suggesting that a potentially polygamous marriage could never be recognised in English law, were later qualified by both judge-made law and statute to the point where in both England and Australia the law now recognises polygamous marriages for many purposes[46].
    Once it is accepted that "marriage" can include polygamous marriages, it becomes evident that the juristic concept of "marriage" cannot be confined to a union having the characteristics described in Hyde v Hyde and other nineteenth century cases. Rather, "marriage" is to be understood in s 51(xxi) of the Constitution as referring to a consensual union formed between natural persons in accordance with legally prescribed requirements which is not only a union the law recognises as intended to endure and be terminable only in accordance with law but also a union to which the law accords a status affecting and defining mutual rights and obligations.
    32 and 33
  • When used in s 51(xxi), "marriage" is a term which includes a marriage between persons of the same sex.
    38
  • contrary to the submissions of the Territory, the topic within which the status falls must be identified by reference to the legal content and consequences of the status, not merely the description given to it.
    60
Reginaldvs Cantvar
17.XII.2013