When talking about issues of sex, parliamentarians advise caution. There’s a time to accept the will of Parliament – but not always.
by Don Hutchinson
It’s been a fascinating and fast-paced week for Christians in Ottawa. Through a host of overlapping and shared activities, Evangelicals, as well as other Protestants and Catholics, have engaged with Parliamentarians and with one another. Surprisingly, one of the common threads expressed by politicians about our engagement with government was that we talk about something other than sex.
The Canadian Council of Churches (CCC) Commission on Justice and Peace met in Ottawa for the week. On Tuesday, there was a forum on faith and the economy. The politicians present at a lunchtime roundtable, jointly sponsored by the CCC and The Evangelical Fellowship of Canada (EFC), represented all four parties present in the House of Commons and provided some helpful advice to Christians on engaging with government. However, departing from the focus on faith and the economy, there was consensus among them – we should not talk about sex!
There were also several private meetings with politicians throughout the week. Again, yes, you guessed it - please stop talking about sex!
Wednesday afternoon the CCC hosted a dialogue with Michael Ignatieff, leader of the Liberal Party of Canada, on the place of faith in the public square. Mr. Ignatieff shared a bit about the faith practices of both sides of his family which contributed to his arriving at a position of respect for people of faith, appreciation for the mystery of faith and its deep roots in the lives of believers, and his personal decision to not identify with a belief or practice of any particular faith. Recognizing that people of deep and abiding faith are often the best citizens – both giving financially and engaging personally in meeting the needs of community beyond their faith commitments – he commented on his perception of the claims of faith and the claims of reason in regard to moral issues on which both pronounce strongly. Mr. Ignatieff suggested both may have to be prepared to give ground and live with the decisions of Parliament. Parliamentarians, he noted, serve neither the interests of faith communities or those without faith; those who vote for them or those who do not. Parliamentarians, he noted, are elected to serve the interests of all people in their ridings and the nation. And, we must live with the will of Parliament.
There are certain issues on which faith dictates a moral absolute.
Well, I can’t fully agree with Mr. Ignatieff. Nor can I agree with those who suggest Christians should not talk to Parliamentarians about sex.
I agree with Mr. Ignatieff that the voices of faith-based reasoning and non-faith based reasoning be welcomed together in the conversation of the public square. Each has wisdom to contribute. As an Evangelical, I recognize there are certain issues on which faith dictates a moral absolute. I also recognize that discovering those moral absolutes has required a process of both deep religious understanding and extensive reasoning. Those who draw conclusions based on reason alone are functioning without the benefit of a sacred absolute to act as compass to guide them.
More on the “will of Parliament” later.
On the issue of sex – it is “sex” that is the common thread and key outward indicator of some deep rooted concerns our faith has for the protection of the vulnerable in our society and the recognition of the sanctity of human life.
In 1969, the government of Canada embarked on a national moral social experiment by changing the laws about sex. Abortion was legalized, homosexuality was decriminalized and divorce requirements were minimized.
While abortion was legalized, changing the will of Parliament as originally expressed in 1869, it was still restricted to theoretically limited and identified situations. In 1988 those efforts at control were found to violate 1982’s constitutional amendment which established the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada decided that Parliament could legislate in regard to the unborn children of the nation, but the then existing law was unconstitutional. Parliament engaged. In 1990, the will of the House of Commons was expressed 140 to 131 in favour of a new law limiting abortion but the will of the Senate was a 43-43 tie, so Bill C-43 did not become law. What was the will of Parliament?
Forty years after the 1969 omnibus bill and 20 years after the 1969 law was struck down, Canada faces an on average older population with an estimated need for 2 million more workers over the near future in order to sustain the social safety net required for aging baby boomers. This number roughly equates with the number of abortions that have taken place during the period of lawlessness on this issue.
All four party leaders are committed to not re-visiting the need for limits on abortion in Canada. Of course, those who are intellectually and morally informed on the issue of abortion – which, by the way is the direct result of sex – from a deeply rooted faith foundation will continue to speak out against the expressed will of party leaders and the unexpressed will of Parliament.
Since 1892 the legal age of consent for sexual activity with an adult in Canada was 14 years of age. Children were vulnerable to sexual predators and have become increasingly so with developments in technology. The will of Parliament had been expressed (and quite frankly, 14 was an improvement over 12 which was the age of consent in England prior to a substantial campaign mounted by the Evangelical leader of The Salvation Army, William Booth). Over 16 years ago, the EFC and others engaged in a continuing campaign to increase the age of consent. In May 2008 the age of consent was raised to 16 by Parliament. Two more years of protection were won for our children after a decade and a half long battle to change the will of Parliament. The battle was fought by those with faith-informed reasoning and those with practical experience (police sex crimes units and parents of abused children).
Yes, there are times when one must both challenge the will of Parliament and talk about sex.
Just weeks ago Bill C-268 – a proposal to establish minimum sentences for human trafficking of children – was passed on second reading in the House of Commons by a vote of 232 to 47 with the support of the three national party leaders. The first person convicted of trafficking a child in Canada received a 3 year sentence, was credited with 13 months off that time for 6½ months custody prior to conviction and gained mandatory release after serving 15 months. He made over $350,000 by sexually exploiting a 15 year old girl. This set the standard for Canada.
Despite the horror of identified child trafficking in Canada, the trend set by this first sentencing example, and the overwhelming support of the bill in the House of Commons, the 12 men on the Standing Committee on Justice and Human Rights have decided to postpone the review of the bill until June at the earliest. In a minority Parliament this could spell the death of Bill C-268. What is the will of Parliament?
What if we were unprepared to talk about sex, when clearly trafficking of children, primarily young girls, is directly tied to sexual exploitation?
Finally, some comment on the “sex” issue with which faith communities became strongly identified by politicians at the turn of this century – same-sex marriage. I do not advocate the recriminalization of homosexuality in our “free and democratic society.” The changes occasioned by the decriminalization, however, have radically altered much of the fabric of a nation.
Decades later, when efforts to change the will of Parliament on marriage were unsuccessful by direct approach, representatives of the gay and lesbian community took their initiative into the courts. Ultimately, in 2004 the Supreme Court of Canada decided that this was a matter for decision of Parliament, much like they had in the 1988 abortion case. In 2005 Cabinet ministers were ordered to vote with a government initiative on an otherwise “free vote” bill and civil same-sex marriage became law by a narrow margin.
Here, I will agree with Mr. Ignatieff. Parliament has spoken on the issue of civilly recognized same-sex marriage in a way that has affected the lives of many who have married in accordance with this change. In this area, people of faith need not accept the performance of such a civil ceremony into their midst but rather strengthen the commitments of our communities to our understanding of marriage that takes place within a religious covenant beyond the civil document. This is a case where talking about sex will not be of benefit in talking with politicians, but discussion should be enhanced with congregants.
There is a time to talk with politicians about sex – when it involves protection of the vulnerable and care for the community. And there is a time to know when to accept the will of Parliament and when our moral absolutes require us to engage in further discourse in the public square. There is also a time for the will of Parliament to be expressed on issues of importance to the moral fabric of our nation. Now is that time.
Don Hutchinson is Vice-President, General Legal Counsel with The Evangelical Fellowship of Canada and Director of the Centre for Faith and Public Life.