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Category: law

2 That’s not what persecution means

  • December 1, 2010
  • by Crommunist
  • · blog · conservativism · crapitalism · law · religion

I have had a few back and forth discussions with Christians in the short time I have been an open and notorious atheist (open to everyone, notorious to only a select few) regarding the current clime of opinion regarding Christianity in North America. In a nutshell, Christians in the United States (particularly) and Canada (occasionally) complain that Christians are being ‘persecuted’ for their faith. It is a ridiculous claim, and a poorly-disguised attempt to re-brand themselves as victims of some kind of concerted effort to stamp out Christianity. Even the friggin’ Pope buys into this nonsense.

As “evidence” for this claim, Christians often point to the fact that secularists and atheists talk most often about Christianity, when there are a number of other perfectly bad religions to complain about. The response to this claim is so trivially easy to supply, it honestly makes me question whether or not the people who repeat it have put any thought into their argument whatsoever – it’s because Christianity has been the dominant religion in this continent for generations. It is deeply entrenched in our history and our culture, so much so that people try to claim that it is the foundation of our heritage (a ridiculous claim I have refuted before).

If you look to another country where there is a different religious tradition, you’ll find the same kind of whining:

One of India’s leading Muslim groups has appealed against a ruling over the Ayodhya holy site, where a Hindu mob destroyed a mosque 18 years ago. Two months ago, Lucknow High Court said the land should be divided, and that the razed 16th century mosque should not be rebuilt. Jamiat-Ulama-i-Hind says the judgement appears to be based not on evidence but on the professed belief of Hindus.

The whiners, in this case, are the Hindus, who have tried to bring their totally ridiculous beliefs to bear in a land dispute. The Lucknow court appears to consider superstition worthwhile legal evidence. I want to try that – break into someone’s house and when the cops come to arrest me say “but I really believe I live here!” I’d be lucky to escape a mental institution, let alone jail.

I’ve made this point before, but the so-called “persecution” of Christians in this country is essentially just a reflection of privilege. They (though surely not all of them) complain that they’re being “oppressed”, when what’s really happening is that people are not letting them get away with whatever they want anymore. You’re welcome to believe privately that homosexuality is a sin, or that abortion is murder. You can even go out in the public square and scream your head off about it. However, you’re not allowed to impose the consequences of your personal beliefs on others, particularly if there is specific legislation against it.

Some people on the other side of this conversation will reply with something ridiculous like “well if a Christian gets discriminated against, nobody says anything!” Nobody says anything because that never happens! It’s like when men complain about being the targets of sexual discrimination because they aren’t allowed to make sexist jokes at work or when conservatives say that universities are “intolerant” of conservative viewpoints. It’s only by stretching the definitions of those words beyond what any reasonable person would recognize that these become even passably accurate claims. Not being allowed to offend others is not “discrimination”, it’s politeness. Not tolerating opinions that are based on fallacious reasoning and intentional twisting and cherry-picking of facts is not “intolerance”, it’s logic.

Not having your personal beliefs (founded on unprovable assertions and easily-recognized logical fallacies) recognized as legitimate is not “persecution”, it’s fairness.

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11 Religion meets the courts

  • December 1, 2010
  • by Crommunist
  • · blog · Canada · crapitalism · law · news · religion

I would make a shitty judge. Don’t get me wrong – I look turbo-hot in robes. The problem I’d have is rendering a judgment that fits the law, rather than what I know to be right. After all, a skilled enough lawyer can make a case that a company that dumps toxic waste on baby seals has not broken the law, and my judgment must adhere to that principle.

The courts here in BC seem to be doing a better job:

Dissident conservative Anglicans in Vancouver and Abbotsford have no right to hold on to four church properties valued at more than $20 million, the B.C. Court of Appeal ruled Monday. As a result of the decision, more than 1,200 Anglicans who oppose same-sex blessings and reject the authority of Vancouver-area Bishop Michael Ingham are expected to have to vacate their church buildings soon.

Dismissing the main argument of a costly appeal by the conservative Anglican congregations, Justice Mary Newbury wrote that the dissidents “cannot in my respectful decision remove themselves from their diocesan structures and retain the right to use properties that are held for purposes of Anglican ministry in Canada.”

I read the decision (a fun exercise in legal thinking that I recommend everyone do from time to time), and the main point of the argument seems to be that while the congregation does hold the buildings in a trust, they do not have the right to divorce themselves from official church doctrine. The trust is held based on the assumption that the congregation is defending the official articles of faith – claiming to be “true believers” doesn’t grant them license to violate the official doctrine of the church.

Of course, this is a complete and total waste of time from my perspective. The whole undertaking is based on the belief that an invisible super-being cares who puts what in which orifice. I’ll simplify it for you, conservative Anglicans: nobody cares. There is no super-being, and the only people who are outraged by homosexuality are you. My advice: if it bothers you so much, don’t do it. But please don’t clog up the appeals courts with your superstitious nonsense – some of us are trying to build a society.

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2 Movie Friday: Act of God

  • November 26, 2010
  • by Crommunist
  • · blog · funny · law · religion

One of the single dumbest things ever birthed by the insurance industry is the phrase “Act of God”. It basically describes any natural disaster, but does so in the most face-palming language ever. Ricky Gervais takes it on:

I watched a Billy Connolly movie not too long ago called “The Man Who Sued God”, in which a lawyer-turned-fisherman sues the Catholic, Anglican, Episcopalian and Jewish churches in Australia, as representatives of God on earth. It was a pretty funny jibe at how much those churches really believe in God – either they deny that He exists (and commit fraud) or they admit He does (making them legally liable as representatives of a pseduo-corporate entity). While the ending of the movie was complete garbage, the first 4/5 is pretty good.

It seems to me (and to Billy Connolly’s character) that since the whole point that we buy insurance is to protect ourselves against unforseeable circumstances, the “Act of God” clause is just a filthy cheat. Then again, if you were expecting fairness and justice from insurance companies, maybe someone needs to sit you down and explain a few things.

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4 The problem of morality

  • November 8, 2010
  • by Crommunist
  • · blog · critical thinking · crommunism · ethics · law · psychology · religion · science

There’s a popular recurring question that often comes up in discussions with religious people who wish to challenge atheists: namely, why should be be moral if there is no god? If atheists don’t believe that there is a judge that overlooks the world, why bother doing good things? After all, there are no eternal consequences to our actions, what could possibly be the atheist’s motivation to either do good things or refrain from evil things?

My issue with this question is that on its own, it seems like an interesting line of discussion – what makes us be moral? If I abandon my beliefs, what would motivate me to continue to do good things? Is there another source of human morality? However, it is rarely asked in this spirit. Usually, it comes in a more snarky form – “if you don’t believe in God, why don’t you go rape and murder babies?”

The usual response is that if the only thing holding you back from raping and murdering babies is your belief in God, you should probably be under psychiatric evaluation. This response, while sufficiently dismissive of a stupid question, is not really an answer to what would be a reasonable criticism if not for the invocation of infant rape. If I, as an atheist, don’t believe that someone is keeping an omniscient record of all my misdeeds, what prevents me from engaging in minor (or major) transgressions when I am reasonably certain I can get away with it? Why, for example, would I turn in a wallet I find on the ground to the police instead of just stealing it? Why not lie to a woman at the bar in order to convince her to sleep with me? Why contribute to charity or volunteer in the community if there is no reward for my good deeds later?

Evolutionary biologists speak of genetic sources for altruism, pointing to analogues in the animal kingdom in which non-human animals show group cohesion and empathy. They lay out a reasonable pathway by which genes for altruism might prevail over genes for selfishness at the expense of others, through a process of natural selection. Philosophers point to Kant, Hume, Rawls, and other secular ethical writers as providing a basis upon which a general non-religious moral code can theoretically be built. Assuming that maximum human happiness is the point of any worthwhile moral code (and yes, this is an assumption, but what else would be better?), then a reasonable and increasingly evidence-based system can be derived from philosophy. Legal authorities point to the evolving code of law as a way of incentivizing good behaviour and punishing bad behaviour. Psychologists note that ethical instruction often leads to ethical behaviour below the level of conscious awareness –  we “naturally” act morally because we’ve been taught to do so.

Suffice it to say, there are a variety of ways to answer the question of why someone would be moral without belief in God. Any one of these on its own would be a sufficient rejoinder, and having them all operate in parallel is certainly reassuring to someone who is particularly interested in the question. However, the question embeds a certain assumption that often goes unquestioned – does belief in God make people behave better? After all, the implication of the poverty of morality in the godless is that there is in fact a moral code inherent in belief.

I’ve had religious instruction, which includes learning a list of things that are right and wrong. This should not be confused with legitimate ethical or moral instruction, which I didn’t receive until late high school. I was, for example, taught that extramarital sex is wrong, as are masturbation and homosexuality – pretty much anything that isn’t face-to-face sex with the lights off with my wife is morally wrong. I was taught that abortion is morally equivalent to murder. I was taught that faithfulness was a virtue. Now I was also taught a lot of things that I still agree with – murder is wrong; charity is good; forgiveness, justice and prudence are high ideals. However, with all of these things, I was told that the reason they were good is because they had been rubber-stamped by Yahweh. I should perhaps note that I was not taught that condoms or homosexuality were wrong in school – those things came from Rome but I felt perfectly justified in ignoring any Papal edicts that were bat-shit insane.

It would be, as I said, many years before I learned the processes by which I could evaluate why I believed in the things I did. I had of course by this time rejected the idea of Biblical truth – the story of Onan says it’s wrong to masturbate but it’s okay to fuck your niece as long as you think she’s a prostitute. It was abundantly clear to me that there may be some morality in the Bible, but it is definitely not the source of that morality. I would later learn that much of what we call “Christian Ethics” were actually written by Greek philosophers and later adopted by the church.

Of course all of this is somewhat inconsequential to the central question of whether belief in god is accompanied by better behaviour. Does the idea of an omniscient god really motivate people to refrain from evil actions? Does the promise of eternal reward really motivate people to do good deeds? The answer to the first question seems to be ‘no’, or at least ‘not necessarily’. Anecdotally, we know that religious people are responsible for some of the greatest atrocities throughout history (far from atheists, it is the priests who are the baby rapers). In fact, the more one adheres to religious doctrine, the crazier she/he becomes and the more likely she/he is to commit (what she/he thinks is justified) violent acts. Although there is a clear path from religious belief to violence, these are anecdotes only.

CLS reviewed a Pew Forum survey on religion and found that those United States that had the greatest level of religiosity had poorer performances in self-restraint and morality toward others than those state with lower levels of belief. There is most certainly a chicken/egg problem in this analysis, but it does sufficiently demonstrate that there is no reliable correlation between level of religious belief and morality, at least for the population at large. If people do in fact believe that there is a god watching them, it doesn’t seem to affect their behaviour in a meaningful way. I’m sure if this blog were more popular I’d have trolls inundating me with stories about how Jesus saved their crack-addict cousin’s life, or how Allah saved them from prison, or what-have-you. I am as uninterested in anecdotes that refute my point as I am in those that support my point.

How about the second question? Does religious belief make people more charitable in anticipation of a future reward? A study of European countries and their willingness to donate to poorer countries seems to suggest that those with more closely held religious beliefs do in fact donate more money than those who are less religious. The findings are incredibly nebulous and hard to interpret, but it seems from the general findings that while it varies from country to country, religious people are more charitable than the non-religious.

This is in no way disconcerting to me – as I suggested above there is a relationship between instruction and behaviour. If you are constantly entrained to give money to the poor, and your social environment is structured such that there is strong normative pressure to do so, it is unsurprising that you will comply. A study I’d like to see is to take people with similar levels of religiosity, show them identical videos of starving children, have one video narrated in a secular fashion and the other in a religious fashion and see if there is a difference in pledged funds.

At any rate, there are a variety of reasons why an atheist would choose to be moral, not the least of which is the fact that moral actions often benefit the giver as well as the receiver, whether that is in the form of feeling good about yourself, or in the form of making a contribution to society. There is no reason why an atheist would be less moral than a religious person, and despite all their vitriolic assertions to the contrary, it is easier to justify abhorrent cruelty from a religious standpoint than it is from an atheist one. The so-called “problem” of morality is only a problem if you assume that YahwAlladdha is the author of all goodness in the universe, completely contrary to any evidence that can be found either in scripture (aside from all of the passages just asserting it – look at His actions) or in observations of the world. Human beings have to struggle every day to be good, and leaning on the broken crutch of religion doesn’t seem to help any.

TL/DR: Believers accuse atheists of having no basis for morality. This accusation is unfounded – biology, philosophy, law and psychology all provide explanations why people would be good without belief. There does not seem to be a strong relationship between religiosity and morality, except insofar that being instructed to do something that your peers are all doing might motivate you to perform some specific behaviours.

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0 More good news for free speech in Asia

  • October 27, 2010
  • by Crommunist
  • · blog · free speech · good news · law · politics

…which is a title I find myself shocked to be writing.

I’m not so young that I don’t remember the Sri Lankan “civil war” under President Suharto. The entire region was destabilized by sectarian violence that was a combination of ethnic and religious conflicts crystallizing in violence. I am, however, far too young to remember (or to have been alive for) Suharto’s decision to ban books that were considered a “threat to public order.” This decision has recently been struck down by the courts, 50 years later:

Rights groups in Indonesia are hailing a decision by Indonesia’s constitutional court to strike down a controversial book banning law. During the regime of former president Suharto, it was regularly used to clamp down on books and publications that were deemed dangerous by the government.

This is an interesting development, not just because it’s good news for free speech, but because there is currently a fomenting dictatorship in Sri Lanka, one that will not take well the idea that it no longer can enforce a stranglehold on what ideas its people are allowed access to. Well, at least not as overtly:

Activists say the constitutional court’s decision is a step in the right direction, but warn the government still has the means to ban books if it wants to. They say that officials could use Indonesia’s anti-pornography law and a 1966 regulation banning communist material as a way to outlaw sensitive material.

It is stories like this that make me more comfortable with the stance I took yesterday on Bolivia’s racism law. Restrictions on free speech are too tempting and convenient for those in power to use whenever they wish to stifle legitimate criticism. Nobody likes being criticized, myself included. As much as I might proselytize about evaluating people separately from their ideas, or claim to like being proved wrong, those are ideal-case arguments.

The fact is that nobody likes to be told they’re wrong. It’s how we react to those statements that are important. Do we debate, allowing those who disagree to voice their criticisms? Do we react and adapt to those criticisms? Obviously it’s hard to do that right away, but can we at least accept that the other side has a point (if they actually do)? Or do we shut down those who disagree, and cripple anyone’s ability to even bring up ideas?

Governments are no different from people – petty, protectionist, irrational, emotional – the difference is that we can create societies that ensure that governments don’t have to be different from people. We don’t have to pretend as though power is wielded by starry-eyed altruists who always have our best interests in mind. We can pass good laws that put limits on power, or strike down bad laws that give too much. This is one of those cases, and it’s a surprising piece of good news from a country that I was sure was about to spiral into oblivion.

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1 Free speech vs… itself?

  • October 19, 2010
  • by Crommunist
  • · blog · civil rights · free speech · hate · law · politics · religion

I hope y’all aren’t getting bored with these “Free speech vs.” stories, because I plan to keep writing them.

In the other installments in this “series” (which really isn’t a series so much as an ad-hoc grouping under a recurring theme), I identified a number of potential threats to free speech: religious authority, state authority (both abroad and here at home), and the Wild West of the internet. Each of these represents an external threat by some authority or group to stifle the legitimate free expression of people (well, except terrorists I suppose). But sometimes the threat to freedom of speech is the content of the speech itself:

Dutch MP on trial for hate speech:

Dutch anti-Islam politician Geert Wilders appealed for freedom of expression Monday as he went on trial for alleged hate speech at a time when his popularity and influence in the Netherlands are near all-time highs. Prosecutors say Wilders has incited hate against Muslims, pointing to a litany of quotes and remarks he has made in recent years. In one opinion piece, he wrote “I’ve had enough of Islam in the Netherlands; let not one more Muslim immigrate,” adding “I’ve had enough of the Qur’an in the Netherlands: Forbid that fascist book.”

Geert Wilders is the head of a far-right political party that is based largely on anti-immigrant themes. Anyone who had a picture of the Netherlands (or any of the Scandinavian socialist utopias) as happy places full of peaceful hippies has not been paying attention. Tension with non-native groups is escalating, particularly in the face of the economic crisis. Mr. Wilders has put a voice and a face to this simmering resentment, and has managed to parlay it into real political power. Ordinarily I would be in support of anyone who openly criticizes the advance of any religion in public life, but not when it’s like this:

“I am a suspect here because I have expressed my opinion as a representative of the people,” Wilders told judges at the start of the trial. The trial was adjourned until Tuesday shortly after Wilders’s opening remarks, when he declined to answer any questions from the three judges, invoking his right to remain silent.

This disgusts me. You don’t get to have it both ways – you can’t hide behind free speech protections and then refuse to answer questions. If you have an opinion and you demand the right to express it, then you ought to express it. Hiding behind the principle of free speech to defend your bigotry – and Mr. Wilders is nothing but a bigot, to be clear – is a perversion of the idea of free speech. The whole point of a free speech law is to defend people’s right to engage in legitimate discussion and criticism, not as a skirt to hide behind like a frightened bully whose victim stands up for itself.

While I am not in favour of legal proceedings against hate speech, I am far less in favour of cowardice being wrapped up in the principle in which I believe most strongly.

Westboro Baptist Church at Supreme Court:

The U.S. Supreme Court is to hear arguments Wednesday in a case that pits a dead marine’s grieving father against the Westboro Baptist Church, an obscure Kansas church that protests at soldiers’ funerals. The marine was not gay. However, the members of the church, who gained notoriety for using the same tactics at funerals for AIDS victims and who also oppose abortion, claimed his death was God’s “punishment” for the United States’ tolerance of homosexuality.

Ah yes, Freddie Phelps again. Once again, while ordinarily I would be in support of a group’s right to free speech (even when I absolutely 100% deplore the content of that speech, and would bitch-slap Fred Phelps to death if given the opportunity), this is another case where the right is being abused to serve a perverted end. Westboro Baptist isn’t protesting against a corrupt system, or leveling legitimate criticism, or contributing anything worthwhile to a discussion. Instead, they are hiding behind the Constitution to disrupt the lives of grieving parents for no reason other than to hurt people and gain publicity for their disgusting medieval pseudo-religion. Worst of all, Phelps is deputizing and corrupting children to further his own feeble-minded dictatorial agenda.

While I maintain my distaste for prosecuting hate speech, I bemoan the fact that this stance allows slime like Geert Wilders and Fred Phelps a platform to spread their brainless hateful nonsense. Free speech is supposed to defend unpopular ideas that have a legitimate purpose, a purpose that can be articulated and defended. The greatest threat to free speech therefore isn’t oppressive governments, religious authorities, or the New World Order on teh intarwebz; it’s those scumbags that abuse and debase the principle and undermine the public’s appetite to defend it from these more apparent threats.

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0 It’s a good day for Kenya

  • September 2, 2010
  • by Crommunist
  • · blog · free speech · good news · law · politics · racism · religion

More good news!

Kenya has adopted a new constitution, more than three weeks after it was overwhelmingly approved in a national referendum… The document provides for greater checks on presidential powers and more regional devolution. It also recognises the UN human rights charter and creates a second parliamentary chamber – the senate.

It may seem a little unusual for me to provide commentary on a purely political story on this blog, which is purportedly about race, free speech, and religion (although somehow gay shit keeps creeping in… paging Dr. Freud). I’ve been following this story for a number of months now without commenting on it, but I can tell you that it’s highly appropriate.

First, there is a fundamental (and racist) misunderstanding we have in North America about Africa. The first thing to consider is the fact that Africa is not a country. You didn’t have to look much farther than the promotion of the World Cup to see that Europe and North America seem to consider Africa to be a homogeneous entity, but it is peopled by vastly different cultures and histories. There are modern democracies like Egypt, Algeria, South Africa, Ghana, Nigeria; there are corrupt dictatorships like Zimbabwe and the Congo; and there are dictatorial theocracies like Sudan and Somalia (the latter without a central government of any kind). Much of the strife plaguing the continent can be traced back to exploitation by colonial powers who used (and continue to use) the countries of Africa as a source of material wealth without building up the infrastructure needed to make the countries self-sufficient. Without the ability to harness their own natural wealth, the people of Africa are at the mercy of warlord-like governments who are largely controlled by foreign corporate regimes.

By ratifying a constitution, one that decentralizes the powers of the presidency and creates both a bill of rights and a second branch of government (ah, checks and balances), Kenya has taken a step towards true independence and freedom for its people. Such protections allow Kenya to (eventually) become a player on the international stage, much as Uganda and Ethiopia once were, and challenge the prevailing winds of prejudice against the continent.

Second, the ratification of this document was plagued by violent opposition, hate speech accusations, and (of course) religious conflict:

Church leaders who organised Sunday’s rally have also accused the government of being behind the grenade attack which led to a stampede. At least 20 people were injured in Sunday’s blast. Many Kenyans doubt the Church leaders’ claim that the government could be behind the blasts, especially as it seems most people are already backing the “Yes” campaign, says the BBC’s Will Ross in Nairobi… Sunday’s rally was organised by Christian groups opposed to a draft constitution because it retains recognition of existing Islamic courts and includes a clause on abortion.

But despite the obstacles, and despite Kenya’s entrenched religiousness (see? more gay shit!), the measure passed with a healthy 2/3 majority. This is the right step for Kenya, the right step for Africa, and the right step for the rest of the world.

0 German church gets it!

  • August 31, 2010
  • by Crommunist
  • · blog · Catholic church · law · religion

Finally! Faint glimmers of brains at work in the Catholic Church:

Germany’s Roman Catholic bishops are requiring that suspected cases of sexual abuse of minors by clergy or others working for the church be reported to prosecutors.

Of course it’s not the Pope, and it’s only policy within the German archdiocese, but it’s a start. Is it too much to hope that this may signal an eventual shift in policy across the board? Maybe, but it’s certainly iron-clad evidence that German Catholics read my blog.

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0 Is there a worse name than ‘honour killings’?

  • August 26, 2010
  • by Crommunist
  • · blog · Canada · cultural tolerance · gender · law · news · religion · secularism

When you think of the word ‘honour’, it conjures an image of someone who is honest, plain-dealing, and trustworthy. What it doesn’t invoke is the image of a man who murders his children for wearing revealing clothing or dating outside his/her nationality, or for refusing an arranged marriage.

There’s no honour in murder. It is the weak-willed act of a coward who lacks any human decency. One might be able to persuade me that there is honour in the suicide tradition of Bushido, in which failure to act honourably moves the samurai to take his/her own life. I’m generally against the idea of suicide, but a person’s life is their own to do with what they want. What he is not entitled to do, however, is murder someone else to restore his own sense of ‘honour’. Any society in which one person’s mental state or social status trumps another’s right to the security of their person cannot stand.

India seems to be realizing this:

India’s home minister proposed Thursday a bill to provide specific, severe penalties to curb honour killings, saying they brought “dishonour” to India as a secular, modern democracy. “We are living in the 21st century and there is a need to amend the current law and the law must reflect what the 21st century requires,” he said. “We have to look ahead and build a society that is based on secular values and enlightened views.”

I’ve talked previously about the social climate changing for women in India. The linked article mentions that there has been an upswing of violence against women in India, and that it is necessary to make changes in the status quo if India wishes to achieve its goal of being seen as a major world power. Let it never be said that international peer pressure and secularism can’t make the world a better place to live. There are around 500 million women in India who would likely agree.

The problem with passing these kinds of laws, however, is that murder is a crime. I am still uneasy about punishing people extra for the reasons behind why they commit crimes. Punishing specific groups of people for committing certain types of crimes against other specific groups is ethically dicey ground. Is it still an ‘honour killing’ if a non-religious man kills his son for being gay, or his daughter for dating a black man? Maybe it is, and if there’s a way to state that unambiguously, I’ll be interested to hear it.

Canada seems to be realizing this:

Justice Minister Rob Nicholson says prosecuting honour crimes is a priority for the government but that there isn’t any real need to change the Criminal Code.

Murder is wrong, and that must always be the focus. If passing specific statutes against honour killing will make it happen less, then that’s a discussion we can have. I doubt very much, however, that adding on a few extra years to a life sentence is going to meaningfully demotivate a person who is willing to murder his/her children from committing the act. The way to approach these things is that we have to model and encourage secular values of respect for the integrity of a human’s autonomy and security of person, and discourage the equation of “faithfulness” with righteousness.

Every time I hear of an honour killing, there is an almost-overwhelming temptation to immediately blame religion. The stories that get the most press are those in which the murderers are Muslim or immigrants from Muslim countries. I’m skeptical of this explanation for being overly simplistic, not to mention the fact that this type of killing is not founded in Qu’ranic verse. It’s sort of like when an abortion doctor is murdered by a Christian fundamentalist – it’s a flawed interpretation of scripture (which is, in itself, flawed, but we won’t go into that here) and isn’t an accurate reflection of doctrine. The problem is the belief that underlies both Christianity and Islam (and all religions) – that there exists an unobservable external standard which is accountable only to itself, but to which all of humanity is subject; and further, that this standard is not based on something reasonable like observable consequences to humankind, but based only on how fervently you believe in it. Sexism, homophobia, xenophobia and the like existed in the societies that spawned these religions, and they persist today. Blaming a book for a human failing neglects the larger and more accurate story that’s going on.

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1 US government stands up for free speech

  • August 19, 2010
  • by Crommunist
  • · blog · Canada · free speech · law · skepticism

Those of you who follow alt-med quackery and science-based-medicine skepticism will be familiar with the absolutely ridiculous jurisprudence that is England’s libel laws. In the US , it is up to the plaintiff in a libel suit to prove that the allegations made against them are false (i.e., if I accuse you of practicing quack medicine, you merely have to show that your standards of practice meet industry regulation to win your libel suit). In the UK, however, defendants must prove their allegations true (i.e., if I sue you for calling me a quack, you have to prove I am one). This may seem like a semantic distinction, or even a more fair system (e.g., you call me a pedophile, you’ve got to prove it or else it’s slander); however, it has repeatedly been used by medical charlatans to silence criticism by skeptics.

A famous example (at least among the health skeptic community) is the case of Simon Singh, a medical journalist who wrote a column critical of the wild claims being made by the British Chiropractic Association. For those of you who don’t know, chiropractic is, at its heart, the belief that all disease (yes, all disease) is caused by misalignments of the spine. Controlled scientific studies of chiropractic have shown that it can be effective for treatment of back pain (as can physiotherapy and massage), but that other claims of being able to cure infectious disease or chronic conditions like asthma are unsubstantiated and false. Simon Singh said as much in his column, and was sued for libel by the British Chiropractic Association.

“So what?” you might be saying “Just go into court, show the judge the studies, no problem!” We are lulled by television into thinking that court cases are decided quickly and cheaply. Even open-and-shut cases can, if the legal teams are unscrupulous enough, drag on for months and cost tens or hundreds of thousands of dollars. Simon Singh doesn’t have that kind of money. What the BCA (and those of their ilk) hope when they file these suits is that the defendants will settle out of court and drop the suit because they cannot afford to pay the exorbitant fees (in North America we call such suits ‘Strategic Lawsuit Against Public Participation’ or SLAPP suits). There are anti-SLAPP laws on the books to prevent large companies from silencing poorer critics.

The UK, however, is a haven for such suits, allowing defendants to be placed on trial in British courts, and making non-Brits subject to the rulings of those courts. If the defendants do even the smallest amount of business in the UK, they can be sued under UK libel statutes.

Luckily, the US government has stepped in and made that a thing of the past:

President Barack Obama has signed into law new legislation protecting US writers from foreign libel judgements. The Speech Act, recently passed by Congress, makes foreign libel rulings virtually unenforceable in US courts. The act targets “libel tourists” who launch cases in countries whose legal systems are considered far more claimant-friendly, such as the UK.

This is good news for skeptics in the States who want to speak out against quacks in the UK. Canada has similar libel statutes to the UK (our entire judicial system is cribbed from England’s, so this should come as no surprise), but luckily the Supreme Court of Canada recently passed anti-SLAPP legislation, and Ontario appears poised to follow Quebec’s lead and enact provincial laws to do the same. Free speech shouldn’t be held up by spurious lawsuits designed to silence criticism. Of course, as Orac pointed out to me in an e-mail, this doesn’t protect US writers from being sued, nor does it prevent those judgments from being enforced in the UK (essentially barring convicted defendants from traveling anywhere in the UK). All it does is protect American courts from having to enforce the results of foreign libel suits.

It’s at least a step in the right direction.

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