Tuesday, January 25, 2005

Group of Law Professors Says Preventing Same Sex Marriage Would Entail the Nothwithstanding Clause

The Globe and Mail has the articel here. The letter can be found here.

I find the this particle press release rather amusing as I opined the other day "do the Liberals think they have a crystal ball to discern the courts rulings into the future?"

Evidently a number of law professors think that aside from filing statements of claim, they've also developed the ability to scry. I await further announcements regarding what magical powers law professors claim to possess, given that their ability to predict the future is newfound.

For the most part what's simply occured is a number of partisan "charter party" academics have signed their name to a document stating that because they've deemed something to be trendy it must be a right. Furthermore, the courts must automatically agree with them.

The notion that government legislation which makes specific provision for the benifets of same sex couples, should be treated exactly the same as a common law definition is questionable. It certainly shouldn't entail a knee jerk reaction from the academy. However, as I have alluded too, universities aren't exactly known for their "fair and balanced" coverage of social policy.

I supose it gives me some comfort that only two professors from my school signed the letter. Given that the two who did are a criminal lawyer, and a health law specialist I'm not particularly sure why I should find either of their opinions particularly persuasive. Neither of them are constitutional experts. I will howerver, inquire as to the opinion of an actual constitutional expert on the subject.


At 5:30 p.m., Blogger David Wozney said...

The use of the notwithstanding clause is not required to maintain the "traditional definition of marriage" because the recent court decisions dealing with the definition of marriage are flawed.

Neither present-day Canadian judges nor Canadian Members of Parliament are the ultimate authority on the lawful definition of marriage in Canada.

The lawful definition of marriage in Canada has always been, and presently is, limited to a relationship exclusively between a man (the husband) and a woman (the wife).

The Lawful Definition of Marriage in Canada


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