Posts in Family and Gender
Can satire keep up?

In today’s National Post Rex Murphy quotes Malcolm Muggeridge, like Chesterton a prophetic voice about the modern age, that “We live in an age in which it is no longer possible to be funny. There is nothing you can imagine, no matter how ludicrous, that will not promptly be enacted before your very eyes, probably by someone well known.”

Murphy goes on to describe artist Tracey Emin marrying a rock in France last summer, and a group of philosophy students in California marrying the ocean a few days ago. Not as satire but as what passes for sober reality. Murphy concludes the piece “As Wordsworth said of Milton, of Muggeridge we can also pray: Malcolm thou shoulds’t be living at this hour. Or, may be not.” What, indeed, would Muggeridge make of Emin, a Royal Academician of the Royal Academy of Arts who Wikipedia calls “a paragon for women artists in today's art world” who “does not overtly appear as a feminist artist” because she says “she is a feminist, but not a feminist artist” and “discusses sexism from the viewpoint of the being a female victim” and was a Turner Prize nominee for the predictably filthy, in both senses, “My Bed”? Or the notion, discussed by Murphy, of obtaining consent from the ocean for sex?

Well, I’m no Muggeridge. But I’m not letting satire go down without a fight. Because I’ve heard of getting your rocks off, but this is ridiculous. And if you get the ocean pregnant, does it need a sea section?

See. We can still laugh. Through our tears. Salty tears. Like the ocean. Say, I think I’ll marry my face. If it says yes.

Trumping the headbanging

Amid all the sound and fury in the American presidential election, with the latter being on the whole more justified than the former, a remarkable voice of sanity emerges in the form of an open letter (yes, a much overused format, but justified this time). It’s from two women, both mothers, about the central issue in the apparent unraveling of America: the unraveling of the family. They ask Donald Trump what he might do about it, especially given his own example. And it’s an entirely appropriate question for the man who would be Republican nominee and apparently will be. But it could also be asked of almost anyone aspiring to office, as a reproach in some cases including Hillary Clinton’s and merely an urgent policy question in others.

Nothing matters more than intact families in making America “great” again. Nothing matters more in making it whole, in making it free, in preserving limited government, decentralization and vigorous citizens able to tackle problems both public and private instead of passively waiting for incompetent overbearing government to barge in and make things worse. And nothing matters more in people’s private lives.

So what has anyone to say about it? The problem is by no means unique to the United States. Whether you are American, Canadian, Australian or any other nationality, I strongly urge you to read the letter, to ponder it, to see what answer you might give as well as what answer any candidates do American or otherwise.

Where's the compassion?

In today's Mercatornet Newsletter, Editor Michael Cook cites a noteworthy observation by his colleague Carolyn Moynihan:

A great deal of ink has been spilt over the rather dreary topic of the state of public bathrooms in the United States. Transgenders, it is argued, clearly have a civil right to access the bathroom of their choice. This is an issue which affects, at most 0.3% of the population. For my money, Carolyn Moynihan, our deputy editor, has penned the most sensible contribution to this debate. She asks why Americans are working themselves into a frenzy over bathrooms when nearly 1 in 6 young men between 18 and 34 is either out of work or in jail.

In principle it's possible, even logical, to be compassionate to everyone. But her observation underlines how selective, and ostentatious, some people's concern seems to be.

Be counted... or else

Today I got this envelope from Statistics Canada saying "2016 Census: Complete the census - it's the law." (Equally rude in French: "Recensement de 2016: Répondez au recensement - c'est la loi".) I am told the government is the servant of the people. But this peremptory tone, giving orders without even a pretence at "please," is not how a servant speaks to a master. Quite the reverse. Remember how all the right people were shocked and appalled when the Harper Tories got rid of the long form census? Without accurate data, they complained, social scientists would find it hard to engineer satisfaction of the human units to a sufficient number of decimal places. Which I always found rather an odd conception of the proper role of government and of its abilities. And look how they talk to us now that it's back.

The smart set make a lot of fuss about "evidence-based decision-making". But a decision to trust the intelligence or benevolence of government doesn't seem to me to be based on much sound evidence. Not even the personal stuff I have to provide or else, according to this envelope that just marched into my house, waved a pair of handcuffs at me and started shouting questions.

The right to what?

A curious story in today's National Post says PEI's Liberal administration will start providing abortions because it doesn't believe it can defeat a court challenge claiming abortion is secretly a Charter right. Frankly it sounds like one more case of politicians using judges as a handy excuse to do something they want to do anyway without the hassle of defending it to voters. Time was ministries felt an obligation to defend existing law in court unless they were willing to stand up in the legislature and urge that it be changed or repealed, which arguably contributed to accountability in government. I'm not sure what was wrong with that system. But there's a deeper question here.

Specifically, how can the Charter mandate abortion so clearly that governments fold like cheap lawn furniture before an activists' challenge when (a) it doesn't mention it (b) many of those who wrote the Charter opposed abortion and would be both astounded and horrified to be told that without realizing they'd secretly written it in?

Alternatively, if it's that obvious, why didn't the brave politicians notice and act on it before the challenge was filed?

This sort of disingenuous legislative-judicial two-step is no way to settle important and contentious questions. Instead, it's one more reason we need a real Constitution, based on popular consent, with a real Charter of Rights that guarantees real rights in plain language even citizens can read and understand, with no invisible ink.

A stunning ruling

The United States Supreme Court just made a singularly sensible ruling that stun guns are weapons. Duh, what else would they be? Perhaps. But here's the thing. As UCLA Law Professor Eugene Volokh explains (and by the way I heartily recommend his multi-author blog for the Washington Post, "The Volokh Conspiracy"), what was at issue was a bizarre ruling by the Massachusetts Supreme Court that the Second Amendment to the United States Constitution only protects weapons in wide use in 1789.

Now as Stephen P. Halbrook pointed out more than three decades ago in That Every Man Be Armed, people would be outraged if an American court tried to impose this sort of narrow construction on any other key right. Imagine the outcry, including from Canadians, if an American judge suggested that free speech was limited to the government, as some have claimed the right to arms is limited to state militias, or restricted its application to 18th-century-style hand-cranked printing presses.

By the same token, there's no justification for taking such a view with respect to modern firearms or to "stun guns", often casually referred to by the name of one particular brand, the Taser, which incidentally is an acronym from "Thomas A. Swift's Electric Rifle" from the 10th instalment in the once very popular children's adventure series whose excessive fondness for adverbs accompanying speech acts gave us the "Tom Swifty", of the form "'I'm thirsty,' he said dryly."

There's another point to consider, and one that speaks directly to Canada's incredibly tight restrictions on weapons. The Massachusetts decision in question, COMMONWEALTH v. JAIME CAETANO, involved a woman who was found, in the course of an investigation into shoplifting, to be carrying a stun gun for protection against a violent ex-boyfriend.

Is that so wrong? There is no suggestion that the weapon was used, displayed or mentioned in the alleged shoplifting incident, and if it had been, there are criminal sanctions against armed robbery that would apply. But she did say she'd had to display it to scare off her ex-boyfriend at least once, which sure sounds to me like a socially desirable outcome as well as an action clearly protected by the American Second Amendment.

Now consider that in Canada such devices are prohibited. You just can't have one. Not in your car, not in your purse, not in your house. Only the government can have them.

Why? Does anyone fear a mass tasering leaving dozens dead? Even if you grant the legitimacy of restrictions on certain types of firearms, which I don't, what possible justification exists for forbidding a woman to carry a stun gun for protection against a stalker? To have one in case she is swarmed by hostile men in a public place? Or at least to have one beside her bed in case she wakes up to find an intruder looming over her?

If you can't answer those questions either, stay tuned for our documentary A Right to Arms, where we argue that Canadians' unquestioned historic right to self-defence was sound on utilitarian grounds as well as those of natural law, and should be restored.

Meanwhile, good for the U.S. Supreme Court. They've given the Massachusetts court orders to try again, but with a pretty clear warning that it better come back with a more sensible ruling.