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Protecting homosexuals with the wrong right

Despite downward trends in Canada for most crime rates, crimes against children are increasing, as are hate crimes against homosexuals.
RichardsHarleyMugMay23jer
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Despite downward trends in Canada for most crime rates, crimes against children are increasing, as are hate crimes against homosexuals. These disturbing facts trace to a flaw in our human rights system.

In 2011, sexual violations against children rose by three per cent; luring a child over the Internet rose 10 per cent; and child pornography increased 40 per cent. Hate crimes against homosexuals increased from 71 in 2007 to 188 in 2009 and by 10 per cent in 2011.

When governments off-loaded to courts the politically charged issue of how to protect homosexuals from discrimination, courts invented “sexual orientation” as a right. Political cowardice was followed by a category error; instead of creating a new right with problems, it would have been better if a listed wording in the Charter of Rights had been used.

The objective in naming sexual orientation a human right is to say homosexuality is equal to heterosexuality; all sexual orientations became equal just as all ethnicities and colours are equal. “Sexual diversity” is celebrated as multiculturalism.

Courts never defined sexual orientation. Literally, “orientation” means “direction towards;” sexual orientation is the direction of one’s sexual interests. It may be temporary — situational homosexuality appears in prisons without available members of opposite sex — or a more ingrained personality trait.

The first problem is some sexual orientations are crimes. Pedophilia (adult sexual interest in children) is a sexual orientation. Ingrained personality patterns in sex crimes mean repeat offenders.

Were courts to say sexual orientation excludes pedophilia, rape and other sex crimes, they would be denying facts and twisting words. Instead they stay quiet, and leave the double-talk to governments.

When Russia passed a law banning homosexual “propaganda,” Canada’s Foreign Affairs Minister John Baird condemned that as “hateful.” He added: “Canada is against criminalization of sexual minorities.” Either that’s diversity propaganda or a call to legalize pedophilia.

A second problem with claiming sexual orientations are equal is that proven elevated physiological risks with homosexuality are overlooked. Lesbians exhibit increased incidences of obesity, cardio-vascular disease and some cancers compared to heterosexual women (U.S. Department of Health). Added health risks for male homosexual conduct compared to heterosexual are too numerous to list here.

A third problem with naming sexual orientation a right is the difficulty distinguishing a deeply ingrained personality trait from situational searches for sexual gratification by whatever the available means. Quests for stimulation for jaded tastes, such as viewing child pornography, are indirectly encouraged.

Criminal law prohibits pedophilia, but rights talk technically includes it, and what’s law today may not be tomorrow. Rights talk is trump. For example, marriage used to mean the union of one male and one female into the two, who become one flesh (Aristotle, Christ). Now it includes same-sex practices with elevated health risks compared to heterosexuals.

A fourth problem is sexual orientation is a rights banner for continuing sexual freedom revolutions. An Ontario example falls short of endorsing pedophilia, but not of pressures to extend boundaries.

A former deputy minister of Education, Benjamin Levin, is charged with child pornography (allegations not yet tested in court). He worked for an openly homosexual minister of Education, who’s now premier, when a sex education curriculum was developed starting at Grade 1. By Grade 7, homosexual acts are described and endorsed; extra health risks are downplayed. The courses are on hold after public outcry.

Dishonesty by governments and courts has not reduced hate crimes or increased child safety. Truth-telling that educates about homosexuality can reduce violence by spreading understanding, and build confidence in rule of law.

Due to elevated health risks, homosexuals should be protected under the listed Charter category of Disability. That also applies to gender dysphoria (gender confusion or distress), also with added health-care needs. Private acts, if between consenting adults, should be protected not because sexual diversity benefits society but because homosexuals are human beings who benefit society in many ways, and basic dignity is for all.

This approach abandons troubling words that increase risks to children. Deeply ingrained homosexual conduct for some, which they can’t change despite elevated health risks, calls for compassion in a way pride marches do not; that recognition is likely to diminish violence. The extra health needs some have will also receive more care and attention when we no longer prop up the make-believe these don’t exist.

However, politicians will only find courage to fix a flawed rights category if public opinion demands it.

David Baugh, PhD, is an instructor and head of Political Science in the Department of Humanities and Social Sciences at Red Deer College.