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George Pell Reveals Serious Violations in Australian Law

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One of the most common misconceptions is that justice means getting what you want. It is a misconception that is not only wrong, but one that also carries the very real risk of perverting the course of justice. As the legal farce against Cardinal George Pell has proven: when such a belief is commonly held, it can lead to the imprisonment of innocent people and the disgrace of the entire legal system.

The Pell legal fiasco involved two trials and two appeals which culminated in George Pell’s conviction for historic child sex abuse being overturned by the High Court of Australia. The two trials began in August 2018 in the Victorian County Court. Pell pleaded not guilty to all charges. The first trial ended in a mistrial after the jury proved unable to deliver a verdict. The second trial ended in a guilty predict.

After his sentencing, Pell’s defence team appealed to Victoria’s Appeals Court. They argued that Pell’s conviction “could not be supported by the whole of the evidence” and that, therefore, no reasonable jury could have found him guilty. It was an unusual approach. Most appeals will attempt to overturn a jury verdict by arguing that the trial judge failed to properly instruct the jury. Pell’s defence team, on the other hand, were claiming that the jury itself made the error. In order to show that the jury verdict was “not open”, Pell’s defence team had to show that the evidence presented at trial “precluded a guilty verdict.” As the Court of Appeals stated:

“Where the unreasonableness ground is relied upon, the task for the appeal court is to decide whether, on the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty.

The inquiry which this ground requires is a purely factual one, rather than a discrete question of law where the agreement is that the trial judge has made an error. When the reasonableness ground is relied upon, the appeal court reviews the evidence as it was presented to the jury. The appeal court asks itself whether – on that factual material – it was unreasonably open to the jury to convict the accused.”

According to the Court of Appeal’s review, the prosecution’s case rested on the argument that the accuser was a credible witness upon whom the jury could justify a guilty verdict. This view was shared by both Chief Justice Anne Ferguson and Justice Chris Maxwell:

“Throughout his evidence, [the complainant] came across as someone who was telling the truth. He did not seek to embellish his evidence or tailor it in a manner favourable to the prosecution. As might have been expected, there were somethings which he could remember and many things which he could not. And his explanations of why that was so had the ring of truth.”

Conversely, both Ferguson and Maxwell judged that there was justifiable reason to doubt the testimonies of the “opportunity witnesses” whose testimonies contradicted the prosecution’s case. Ferguson and Maxwell both found that “the evidence of the opportunity witnesses varied greatly in quality and consistency, and in the degree of recall, both as witnesses and within the evidence of individual witnesses.” They argued that the repetition of events combined with the lengthy passage of time had conspired to put the validity of their testimonies under question. Incredibly, both Ferguson and Maxwell were willing to accept the accuser’s testimony as a true and accurate version of events even though their reasons for discounting the testimonies of the opportunity witnesses could be applied just as easily to him as it could to the others.

The Victorian Court of Appeals upheld Pell’s conviction with a two-to-one majority. The lone dissenter, Justice Mark Weinberg delivered a two-hundred-and-four-page dissent statingthat “in light of the unchallenged evidence of the opportunity witnesses, the odds against [A’s] account of how the abuse occurred, would have to be substantial.” Weinberg did not believe that the prosecution had successfully discounted the testimonies of the “opportunity witnesses” and concluded that a reasonable jury would not have been able to reach a verdict of guilty beyond a reasonable doubt.

Unperturbed, Pell’s defence team applied to appeal to the High Court. It was granted because the highest court in the land believed there was sufficient argument to suggest that Pell had been convicted on insufficient evidence. Pell’s defence team based their appeal on the argument that Pell’s conviction could not be supported by the evidence and that the Court of Appeals had misapplied the legal test by requiring him to prove that the offending was impossible.

According to the High Court Summary, ‘A’ (the accuser is identified as ‘A’ in the High Court summary) testified that ‘B’ and himself had slipped out of the procession as it was approaching the metal gate to the toilet corridor. (A full description of both the layout of the Cathedral and the procession are contained within the High Court summary). From there they re-entered the Cathedral through the door to the south transept, made their way into the sacristy corridor, slipped into the Priest’s sacristy, and partook in a bottle of red communion wine. ‘A’ alleged that Pell caught them, exposed his penis, orally raped ‘A’, and forced his to remove him trousers so he could fondle his genitals. At this stage both ‘A’ and ‘B’ were crying and Pell is alleged to have told them to be quiet. ‘A’ further claimed that Pell re-assaulted him a month later by pushing him up against a wall and fondling his genitals.

The Court of Appeals had found ‘A’ to be a credible witness, partly because he had knowledge of the interior layout of both the interior of Saint Patrick’s Cathedral and the Priest’s sacristy. (Clearly it didn’t occur to them that he could have attained such knowledge without being abused). There are, however, two problems with ‘A’s testimony. The first concerns the lack of opportunity Pell would have had to commit the crime without being caught. If ‘A’, the prosecution, Ferguson, and Maxwell are to be believed, Pell was a brazen enough offender to molest two choir boys directly after Sunday Mass when the chances of getting caught would have been extremely high.

The second concerns the time of the offending. The prosecution placed the date range for the alleged offending between December 15th and 22nd 1996 for the first offence and February 23rd for the second offence. Saint Patrick’s Cathedral was closed for renovations between Easter and November 1996. After it was reopened, Pell officiated two Sunday masses there – December 15th and 22nd December and presided over, though he did not celebrate, Sunday solemn mass on February 23rd, 1997. During this time, renovations to the Archbishop’s sacristy forced him to use the Priest’s sacristy, further enhancing the likelihood of getting caught.

It should come as little surprise that High Court found major inconsistencies between the way the Court of Appeals regarded the accuser’s testimony and the way they regarded the testimony of the “opportunity witnesses”:

“The Court of Appeal majority’s treatment of what their Honours rightly identified as the critical issue in the case was wrong for two reasons. First, Portelli’s evidence was unchallenged. Secondly, their Honours were required to reason in a manner that is consistent with the way in which a jury would be directed in accordance with the Jury Direction Act 2015 (Vic). Their Honours were required to take into account the forensic disadvantage experienced by the applicant arising from the delay of some 20 years in being confronted with these allegations. Their Honours, however, reasoned to satisfaction of the applicant’s guilt by discounting a body of evidence that raised lively doubts as to the commission of the offences because they considered the likelihood that the memories of honest witnesses might have been affected by delay.”

The testimony of Monsignor Charles Portelli, the former Master of Ceremonies, was of particular interest to the High Court. As Master of Ceremonies, Portelli’s duties included meeting Pell when he arrived at the Cathedral, assisting him with his vestments, and so on. Portelli testified that the two occasions Pell celebrated Mass in December 1996 were memorable because of the large number of people who wanted to meet Pell. He recalled standing beside Pell during the procession and seeing Pell hand his mitre and crosier to two altar boys whilst he stood at the west door greeting congregants. During the cross examination, Portelli stated that whilst it was possible that Pell only remained at the west door greeting people for a couple of minutes, he did not remember it. Furthermore, Portelli testified that even if he had, Pell would have been accompanied by Max Potter or another Priest.

Sacristan Max Potter concurred with much of Portelli’s testimony. Potter claimed that Pell spent twenty minutes to half-an-hour greeting congregants. When asked he stated that whilst it was possible for Pell to have left earlier than normal, it would have been unlikely at first because “it took him [Pell] a while to readjust, and [he] stayed in there welcoming people for a couple of months in the Cathedral.” Potter also backed up Portelli’s assertion that Pell would not have returned to the Priest’s sacristy to remove his vestments alone. Furthermore, Potter stated that he unlocked the Priest’s sacristy as the procession was making its way down the centre aisle and that he gave congregants five to six minutes to pray in the sanctuary before he and the altar servers removed the sacred vessels, a task that generally took around a quarter-of-an-hour.

Potter was suffering memory issues during Pell’s trial. In particularly, his testimony makes it unclear as to when exactly he unlocked the Priest’s sacristy. Other witnesses, however, also testified in Pell’s favour. Both Doctor Cox, the assistant organist, and Peter Finnigan, the choir marshal, recalled the Priest’s sacristy being a “hive of activity” following the Mass. Likewise, Jeffrey Connor and McGlone, both of whom were altar servers at the time, stated that they could recall no occasion in which the Priest’s sacristy had been left either unlocked or unattended. They testified that Potter had been waiting to unlock the Priest’s sacristy so they could bow to the crucifix and complete their duties.

Connor wrote of Pell’s “invariable” practice of greeting congregants on the steps of the Cathedral in his personal diary. Connor testified that he had never seen Pell alone whilst wearing his vestments, and that if he had the event would certainly have been memorable. McGlone concurred with Connor’s version of events testifying that he understood the Archbishop’s vestments were sacred and that certain prayers had to be said as they were being donned or removed. McGlone recalled he and his mother having a brief interaction with Pell.

The High Court unanimously concluded that no reasonable jury, working to the standard that guilt must be proven beyond a reasonable doubt, could find George Pell guilty. They found that the possibility of reasonable doubt arising from the unchallenged evidence of multiple witnesses should have prompted the jury to entertain the possibility of reasonable doubt. As a result, they overturned Pell’s conviction.

It is not difficult to see Pell as a casualty of the broader culture war – the ideological conflict over the fate of western culture – that has enveloped modern society. Pell’s outspoken traditionalism and fervent Catholicism combined with his contentious views on gay marriage, the morning-after pill, and the ordination of women has made him persona non grata for many social groups. Combine this with the Catholic Church’s admittedly abysmal response to child sex abuse allegations, and it isn’t hard to see why Pell was targeted. It is as though they thought they could punish the Church by convicting Pell.

It should go without saying that the sexual abuse of a child, whether it is committed by a stranger, a scoutmaster, or a Catholic Cardinal is abhorrent. It is more than reasonable to hold child abusers accountable for their crimes. However, it is more important to uphold those principles upon which our legal system is based. It is these principles that have allowed us to live in freedom and (relative) prosperity for as long as we have.

Although most people recognise the necessity of legal protections against miscarriages of justice, many do not believe that these protections should extend to people accused of sex crimes. There is an alarming trend where politicians attempt to use the spectre of child abuse to curry favour with the public. In many cases, these attempts involve violating time honoured legal principles. The Royal Commission into Institutional Responses to Child Sexual Abuse, for example, has made several recommendations that state governments have only been too eager to lap up. Among the Royal Commission’s recommendations have been the abolition of statutory limitations on child sex abuse allegations and reformations to evidence law so juries can learn more about a defendant’s past.

In 2020, Victoria’s Attorney General, Martin Pakula introduced the Limitations of Actions Amendment (Child Abuse) Act 2015 which exempted cases where injuries had been acquired from the psychological, physical, or sexual abuse of a minor from the usual statutory limitations. Similarly, the Conversation reported in February 2020 that the New South Wales government had introduced a new would that would “make it easier for a jury to be informed about the prior convictions of a person on trial for a sex offence.” Similar laws are expected to be introduced in Victoria, Tasmania, the Northern Territory, and the Australian Capital Territory.

These blatant violations of western legal jurisprudence have emerged from a pernicious belief that all who claim to have been sexually abused must be telling the truth. Pell’s lone accuser perfectly summarised this view in his statement following the High Court’s decision:

“I respect the decision of the High Court. I respect the outcome. I understand their view that there was not enough evidence to satisfy the court beyond all reasonable doubt that the offending occurred.

No one wants to live in a society where people can be imprisoned without due process and proper processes. This is a basic civil liberty. But the price we pay for weighting the system in favour of the accused is that many sexual offences against children go unpunished.”

Merely being accused of a crime does not make someone guilty. Our legal system requires that guilt be proven beyond a reasonable doubt Weighting the system in the favour of the ‘victim’, as Pell’s accuser is suggesting, is no different than weighting the system in favour of the state. Under such circumstances a defendant would have no chance of defending himself against any charge brought against him.

Shortly after he was convicted, Anne Manne wrote in The Monthly that Pell’s conviction “enacted the dignity and power of the rule of law.” In reality, precisely the opposite happened. The rule of law is defined by the Australian Constitution Centre as “the idea that every person is subject to the laws of the land regardless of their status. It is the idea that you cannot be punished or have your rights affected other than in accordance with a law, and only after a breach of the law has been established in a court of law.” George Pell was treated with a special kind of vindictiveness because he was a Catholic Cardinal. He was not treated like everybody else.

The Rule of Law is supposed to be the opposite of the rule of power. It recognises that whilst it may be necessary to have leaders, no one individual ought to be master over his fellows. As Clive Staples Lewis once noted: “Aristotle said that some men were only fit to be slaves. I do not contradict him. But I reject slavery because I see no men fit to be masters.” The Rule of Law is supposed to reflect the fact that Australia is a nation governed by law, not by rulers. The Australian legal system has tainted this principle by treating George Pell differently just because he is a Cardinal.

The George Pell legal fiasco has revealed deep corruption inside the Victorian legal establishment. When one considers the Supreme Court of Victoria and the Court of Appeals proclivity to ignore evidence that did not support the prosecution, the weakness of the prosecution’s case, and the relentless media witch hunt, it is hard not to think of the Pell trial as anything less than a calculated attempt to silence an outspoken conservative Cardinal. When cases like Pell’s come along, we should remind ourselves of that old Latin maxim: “let just be done though the heavens fall.”

Disability and Sex

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One of the stranger episodes of Hot Girls: Turned On recounts the bizarre relationship between a cam girl named ‘Alice Frost’ and an Australian man named ‘Tom.’ That Tom has problems is apparent almost immediately. A self-confessed nerd, Tom admits that he has turned to camming because his social awkwardness has made it difficult for him to form intimate relationships in real life. Compounding Tom’s problems are his slovenly appearance, unhealthy body size, and low self-esteem.

One does not need to be a psychologist to figure out that Tom is probably suffering from an undiagnosed condition that makes it difficult for him to socialise with others. And one certainly doesn’t need to be a psychologist to guess that Tom may be suffering from an undiagnosed case of Autism Spectrum Disorder (ASD) or Non-Verbal Learning Disorder (NVLD)

Both ASD and NVLD are neurodevelopmental disorders. Those who suffer from these disorders tend to be tremendously gifted in one area whilst remaining developmentally delayed in others. This dichotomy causes something of a dilemma, especially when such individuals develop a sense of sexual awareness. The traditional answer to this problem has been to ignore it entirely. A sufferer of ASD or NVLD is presumed to be either asexual or incapable of forming healthy sexual identities. Such attitudes regard sufferers as less human than everybody else.

Furthermore, such attitudes create more problems than it solves. Human sexuality is a broad topic with individual, sociocultural, and ecological dimensions. It is hard enough for a normal person to contend with all of these factors, let alone someone who suffers from a disability. Sufferers of ASD or NVLD must also contend with the limitations their disabilities place upon them. Like all adolescents, a teenage sufferer must undergo the changes of puberty, develop their own sexual identity, and form intimate relationships. They are certainly not helped by a society that regards their sexuality as something that needs to be purged.

There are three views on the sexualities of sufferers of ASD and NVLD. The first is that sufferers have no desire for sexual relations whatsoever. The second is that they are childlike and therefore dependent. And the third is that they have difficulty in controlling their urges. Aside from being wrong, these attitudes have very real consequences. One is that sufferers are often ignorant of much of human sexuality because they have received inadequate sex education. Their difficulties in socialising with others, compounded by awkward social situations, means that sufferers often fail to develop the skills that would help them form intimate relationships.  More darkly, such attitudes also mean that suffers are also more vulnerable to becoming victims of manipulation, exploitation, and sexual abuse. A 2012 study by Shandra and Chowdhurry found that girls suffering from mild disabilities were more likely to lose their virginity to a stranger than to a regular partner. It doesn’t take a genius to figure out that much of their vulnerabilities arise from a lack of education on human sexuality.

The biggest hurdle sufferers of ASD and NVLD must overcome when trying to form intimate relationships is a lack of social grace. This deficiency hinders sufferers on three fronts. First, many of the features of ASD and NVLD can make it difficult for sufferers to initiate dates, remembers plans, and maintain relationships. Sufferers can be inflexible, self-centred, and emotionally dysregulated – hardly a recipe for a good relationship. Second, many sufferers have received negative social judgement from others because of their social awkwardness. Sufferers often fail to grasp to subtle intricacies that govern social interactions. This can lead to odd behaviour. A sufferer may attempt to overcompensate for their social grace by staring too long, speaking on unrelated or inappropriate topics, or by avoiding social situations altogether. Third, many sufferers lack the experience necessary to discover their own sexuality. Sufferers often find themselves socially isolated. Under such circumstances, it is unlikely that they will be granted the opportunity to explore and develop their sexuality like other people.

Attitudes on the sexualities of sufferers of neurodevelopmental disorders need to change. Our current attitude makes sufferers of disorders like ASD and NVLD more vulnerable to victimisation, hinders their sexual development, and prevents them from forming meaningful, intimate relationships. Sex education needs to be broadened to include all aspects of human sexuality, sufferers need to be taught how to recognise potentially dangerous situations, and better educational and therapeutic services need to be provided.

Anti-Catholic Bigotry Masquerades as Common Decency

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Last month, the Catholic Archbishop of Queensland, Mark Coleridge voiced his opposition to calls for Priests to become mandatory reporters, a move that would destroy the seal of the confessional. Coleridge warned that forcing Priests to break the seal of the confessional would have the effect of turning them into “agents of the state” rather than “servants of God.”

That, of course, is precisely the point. It is beyond doubt that many of the accusations of child abuse leveled against the Church have been well-founded. It is also beyond doubt that the Catholic Church has not always responded to such accusations with the seriousness they ought to have. However, it would be equally true to claim that the spectre of child abuse has been used as an excuse to conjure up anti-Catholicism.

Of the 409 individual recommendations generated by the Royal Commission on Child Abuse, several are targeted directly at religious institutions (and the Catholic Church specifically). First, it has been recommended that Priests be mandated to report confessions of child abuse. Second, that children’s confessions should occur in a public place where Priest and child can be observed by an adult. Third, that “the Australian Catholic Church should request permission from the Vatican to introduce voluntary celibacy for diocesan clergy.” Fourth, that candidates for religious ministry undergo independent psychological evaluation. And fifth, that “any person in religious ministry who is the subject of a complaint of child sex abuse which is sustained, or who is convicted of an offence relating the child sex abuse, should be permanently removed from ministry.”

Such proposals are not only impractical, but dangerous. They would have the effect of not only destroying the seal of the confessional, but of destroying the separation of Church and State. It would give the authorities the power to place the Church under observation and to stack it with clergymen who support their political and social agenda.

Nobody says anything about this blatant disregard for our most common civil liberties and democratic values. The fact of the matter is that the Catholic Church has always been an easy target. It is neither progressive nor nationalistic making it a target of condemnation for both the far left and the far right. The far left hates the Catholic Church because it stands in favour of traditionalism. The far-right hates members of the Catholic Church because they see it as something akin to fealty to a foreign power.

And like all bigots, anti-Catholics have chosen to target and destroy a high-profile target. Cardinal George Pell has become a scapegoat for child sex abuse committed within the Catholic Church. The mainstream media has been quick to paint Pell as a power-mad, sexually depraved Cardinal rather than the reformer that he actually was.

As Archbishop of Melbourne, Pell was instrumental in instigating investigations into allegations of child abuse and providing compensation for victims. That, however, made not the slightest difference, nor did the improbability of the accusations. (As Pell’s own defence team pointed out: not only did the security and layout of Melbourne’s Catholic Cathedral render such abuse impossible, Pell had no opportunity to commit such crimes). When he was accused of abusing two boys in the 1990s, Pell’s guilt was assumed for no other reason than that he was a Catholic Archbishop.

Archbishop Mark Coleridge is right to criticise anti-religious measures embedded in the Royal Commission’s report. The reality is that Australia’s modern, secular institutions are focused primarily on destroying the influence of the Catholic Church in Australia. The idea that they care about the safety and well-being of children is patently absurd.

 

TRANSGENDERISM IS NO BASIS FOR PUBLIC POLICY

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It has been over fourteen-year since David Reimer, the victim of an insane and evil scientific experiment, committed suicide. After his penis had been burnt off in a botched circumcision, David’s parents had turned to the infamous sexologist and social constructionist, Dr. John Money for help. Following Dr. Money’s advice, David’s parents agreed to allow a sex change operation to be performed on their young son and raised him as a girl.

Despite Dr. Money’s boasting that his experiment had been a success, however, David Reimer did not settle comfortably into his female identity. David tore up his dresses at three, asked if he could have his head shaved like his father, and engaged in all manner of boyish behaviour. David was bullied at school and, upon hitting puberty, decided that he was a homosexual (in reality, of course, he was heterosexual).

Finally, when he was fourteen David’s parents revealed the truth about his gender identity. David reverted to his masculine identity, broke off contact with Dr. Money whom he described as an abusive brainwasher, and received a non-functioning penis through phalloplasty. Unable to handle the immense psychological damage that had been inflicted upon him, David Reimer blew his brains out with a shotgun at the age of thirty-eight.

For all of human history, boy has meant boy and girl has meant girl. Traditionally, sex was used to refer to the biological markers of gender. If you were born with a penis and an XY chromosome, you were a man. If you were born with a vagina and an XX chromosome, you were a woman. One’s gender expression was thought to compliment one’s biological sex. A biological man would have masculine personality traits and a biological female would have feminine personality traits. These complimentary characteristics, among them body shape, dress, mannerisms, and personality, were thought to be produced by a mixture of natural and environmental forces.

Recently, however, gender theorists have begun to question the relationship between biological sex and gender identity. They argue that gender, which they see as distinctive from sex, is a social construct. Since gender refers to the expression of masculinity and femininity, gender is something that a person acquires. (Needless to say, this movement is driven by a pernicious post-modern, Neo-Marxist worldview). Under this philosophy, gender expression is the manner in which a person expresses their gender identity. Gender identity is expressed through dress, behaviour, speech, and nothing else besides.

Neuroplasticity provides the gender theorist with perhaps his greatest argument. If underlying brain processes are theoretically strengthened through repetitive use, it follows that gender identity comes from a narrowing down of potential gender categories through the repetitive use of certain brain processes. However, it also reveals a fatal flaw in the gender theorist’s (and social constructionist’s) philosophy. If the human brain is so malleable that an individual’s gender identity is constructed, then why can’t the brain of a transgender person be adapted out of its transgenderism?

The primary problem with gender theory is that it just plain wrong. The idea that gender is distinct from sex has absolutely no basis in science whatsoever. As Jordan Peterson, the Canadian psychology/philosopher, has stated: “the idea that gender identity is independent of biological sex is insane. It’s wrong. The scientific data is clear beyond dispute. It’s as bad as claiming that the world is flat.” Men and women differ both at the cellular and the temperamental level. Unlike men, for example, women menstruate, they can have babies, and they show a slew of personality characteristics that mark them as different from men. David C. Page, the Director of the Whitehead Institution at the Massachusetts Institute of Technology, has even claimed that genetic differences exist at the cellular level asserting that “throughout human bodies, the cells of males and females are biochemically different.” These differences even affect how men and women contract and fight diseases.

The philosopher Alain de Benoist has also strongly criticised gender theory. De Benoist argued against the scientific errors and philosophical absurdities in his work Non à la théorie de genre (No to Gender Theory).

First, De Benoist points out that the gender theorists have used the fact that some gender characteristics are socially constructed to argue that all characteristics are socially constructed.

Second, De Benoist argued that the “hormonal impregnation of the foetus” (as De Benoist puts it) causes the brain to become genderised because it has a “direct effect on the organisation of neural circuits, creating a masculine brain and a feminine brain, which can be distinguished by a variety of anatomical, physiological, and biochemical markers.”

Third, De Benoist argued that biological sex has a profound effect on the way people think, act, and feel. In order to support their theory, gender theorists are forced to deny the natural differences between men and women. De Benoist wrote:

“From the first days of life, boys look primarily at mechanized objects or objects in movement while girls most often search for visual contact with human faces. Only a few hours after birth, a girl responds to the cries of other infants while a boy shows no interest. The tendency to show empathy is stronger in girls than in boys long before any external influence (or “social expectations”) have been able to assert themselves. At all ages and stages of development, girls are more sensitive to their emotional states and to those of others than boys … From a young age, boys resort to physical strategies where girls turn to verbal ones … From the age of two, boys are more aggressive and take more risks than girls.”

Furthermore, gender theory cheapens what it means to be a man or a woman. And, by extension, it denigrates the contributions that each gender has to make to civil society. Gender values give people ideals to strive for and helps them determine the rules that govern human interactions. The idea that men and women ought to be treated the same is ludicrous beyond belief. No parent would like to see their son treat a woman the same way they treat their male friends. Men have been taught to be gentlemen and women have been taught to be ladies for a reason.

All of this is not to say, however, that those pushing transgender rights do not have a case. They are right when they claim that the transgender peoples of the world face discrimination, prejudice, and violence. Some countries treat transgenderism as a crime, and it is certainly true that transgender people are more likely to be victims of violence, including murder. A reasonable transgender rights argument would be that transgender people cannot help their affliction and that society ought to treat them with kindness, tolerance, and compassion.

Unfortunately, that is not the argument that gender activists like to make. Rather than focusing on promoting tolerance, gender activists have instead sought to do away with gender distinctions altogether (which is, more likely than not, their actual aim). Using a very tiny minority of the population as their moral basis, the gender activists are attempting to force society to sacrifice its traditional classifications of male and female.

Transgenderism is clearly a mental health disorder. In the past, it was referred to as “gender dysphoria”, considered a mental illness, and treated as such. To assert the fact that transgenderism is a mental health disorder is not a denial of an individual’s integral worth as a human being. It is merely the acknowledgement of the existence of an objective reality in which gender is both binary and distinct. Unfortunately, this is not the attitude of those who influence public opinion. Consequently, programs for LGBTQ youth have seen an increase in youth who identify as transgender. The transgender journalist, Libby Down Under, has blamed instances of rapid-onset gender dysphoria on the normalisation of transgenderism in the culture. With a slew of celebrities coming out as transgender (former Olympian Bruce Jenner being a primary example), and with transgender characters being featured on numerous television shows, many teens and tweens have suddenly decided that they are transgender despite having no prior history of gender confusion.

Transgender youth increasingly feel that it is their right to express themselves however they please. And they feel that it is their right to silence all who dare to criticise or disagree with that expression. Cross-living, hormone therapy, and sex reassignment surgery are seen as part of this self-expression. Alarmingly, the mainstream response of psychotherapists to these children and adolescents is the “immediate affirmation of [their] self-diagnosis, which often leads to support for social and even medical transition.”

It is a classic case of political posturing overshadowing the pursuit of truth. Most youth suffering from gender dysphoria grow out of their predilection. Dr. James Cantor of the University of Toronto has cited three large-scale studies, along with other smaller studies, to show that transgender children eventually grow out of their gender dysphoria. The Diagnostic and Statistics Manual 5th Edition claims that desistance rates for gender dysphoria is seventy to ninety percent in “natal males” and fifty to eighty-eight percent in “natal females.” Similarly, the American Psychological Association’s Handbook of Sexuality and Psychology concludes that the vast majority of gender dysphoria-afflicted children learn to accept their gender by the time they have reached adolescence or adulthood.

It is not a secret that transgenderism lends itself to other mental health problems. Forty-one percent of transgender people have either self-harmed or experienced suicidal ideation (this percentage, of course, does not reveal at what stage of transition suicidal ideation or attempts occur). The postmodern, neo-Marxist answer to this problem is that transgender people are an oppressed minority and that they are driven to mental illness as a result of transphobia, social exclusion, bullying, and discrimination.

It is typical of the left to presume that society is to blame for an individual’s suffering. And to a certain extent, they are right. Transgender people are the victims of discrimination, prejudice, and violence. But it is more than likely that these abuses exacerbate their problems rather than causing them. One in eight transgender people, for example, rely on sex and drug work to survive. Is that the fault of society or the fault of the individual? The National Center for Transgender Equality claims that it is common for transgender people to have their privacy violated, to experience harassment, physical and sexuality violence, and to face discrimination when it comes to employment. They claim that a quarter of all transgender people have lost their jobs and three-quarters have faced workplace discrimination because of their transgender status.

In Australia, there has been a move to allow transgender children access to hormone-blocking drugs and sex-change surgeries. Australian gender activists – surprise, surprise – support the idea of as a way to reduce the rates of suicide among transgender people. The Medical Journal of Australia has approved the use of hormone therapy on thirteen-year-olds despite the fact that the scientific community remains, as of 2018, undecided on whether or not puberty-blocking drugs are either safe or reversible.

In the United States, a great deal of debate has occurred over transgender rights. In particular, there have been debates over what bathroom they should be allowed to use, how they should be recognised on official documents, and whether they should be allowed to serve in the military. In 2016, former President Barack Obama ordered state schools to allow transgender students to use whatever bathroom they desire. Similar ordinances have been passed in hundreds of cities and counties across the United States. Seventeen states and the District of Columbia are subject to ‘non-discrimination’ laws which include gender identity and gender expression. These include restrooms, locker rooms, and change rooms.

In March of 2016, North Carolina passed a law which required people in government buildings to use the bathroom appropriate to their biological gender. The US Federal Government decried the decision as bigotry and accused the government of North Carolina of violating the Civil Rights Act. The Federal Government threatened to withhold over US$4 billion in education funding. The government of North Carolina responded by filing suit against the government of the United States. The US government responded by filing suit against North Carolina. North Carolina received support from Mississippi, Tennessee, and Texas whilst Washington received support from most of the northern states.

Pro-transgender bathroom policies are not limited to government, however. Many businesses in the United States have similar bathroom policies. Many large corporations, among them Target, allow transgender people to use the bathroom of their choice. And they are perfectly prepared to enforce these policies, as well. A Macy’s employee in Texas was fired after he refused to allow a man dressed as a woman to use the female change rooms. Similarly, Planet Fitness revoked the membership of a woman who complained that a transgender man was in the female change rooms.

The most alarming trend of the gender theory movement is the attempt to indoctrinate children through changes to the education system. In 2013, France unleashed the ABCD de l’égalité (the ABCs of Equality) on six hundred elementary schools. In their own words, the program was designed to teach students that gender was a social construct:

“Gender is a sociological concept that is based on the fact that relations between men and women are socially and culturally constructed. The theory of gender holds that there is a socially constructed sex based on differentiated social roles and stereotypes in addition to anatomical, biological sex, which is innate.”

The creators of the program are smart enough to include the disclaimer: “biological differences should not be denied, of course, but those differences should not be fate.”

Fortunately, it would seem that many people are not taken in by this race to fantasyland. They are not taken in by the idea that the program merely exists to combat gender stereotypes and teach respect, and have protested. The French Minister of Education dismissed the protestors by saying that they “have allowed themselves to be fooled by a completely false rumour… at school we are teaching little boys to become little girls. That is absolutely false, and it needs to stop.” In America, The Boston Globe dismissed the protests against the program as being motivated by fear. Judith Butler event went as far as to say that France’s financial instability was the true cause of the protests.

And such a profound misuse of the education system isn’t limited to France, either. In Scotland, teachers are given guidance by LGBT Youth Scotland, children are expected to demonstrate “understanding of diversity in sexuality and gender identity”, and children are allowed to identify as either a girl or boy, or neither. The government of the United Kingdom has mandated that transgender issues be taught as part of the sex and relationships curriculum in primary and secondary school. Justine Greening, the education secretary, said: “it is unacceptable that relationships and sex education guidance has not been updated for almost twenty years especially given the online risks, such as sexting and cyberbullying, our children and young people face.”

It is in Australia, however, that there is the most shocking case of gender theory indoctrination. A great deal of controversy has been generated over the Safe Schools program. The program, which was established by the Victorian government in 2010, is supposedly designed to provide a safe, supportive, and inclusive environment for LGBTI students. It states that schools have the responsibility to challenge “all forms of homophobia, biphobia, transphobia, intersexism to prevent discrimination and bullying.”

The Safe Schools program promotes itself as an anti-bullying resource supporting “sexual diversity, intersex and gender diversity in schools.” It requires Victorian schools to eliminate discrimination based on gender identity, intersex, and sexual orientation, including in terms of an inclusive school environment.

The program addresses the issues of sleeping and bathroom arrangements and dress code. In terms of dress code, the program states:

“An inflexible dress code policy that requires a person to wear a uniform (or assume characteristics) of the sex that they do not identify with is likely to be in breach of anti-discrimination legislation including under the Equal Opportunity Act (1984) SA”

Likewise, the program states on the issue of bathrooms and change rooms that “transgender and diverse students should have the choice of accessing a toilet/changeroom that matches their gender identity.” In addition, the program states:

“Schools may also have unisex/gender neutral facilities. While this is a helpful strategy for creating an inclusive school environment for gender diverse students broadly, it is not appropriate to insist that any student, including a transgender student, use this toilet if they are not comfortable doing so.”

The idea that a transgender boy or girl should be allowed to sleep, shower, and defecate in the same place as a group of boys or girls ought to ring alarm bells for everyone. It increases the risk of sexual activity, sexual assault, pregnancy, and the transmission of sexually-transmitted-diseases. There is a reason why schools segregate changerooms, toilets, and dormitories.

The tragedy of David Reimer reveals just how dangerous it is to ignore the truth in favour of a false and malevolent social philosophy. It is one thing to seek tolerance and compassion for those in the community who may be struggling with their identity. It is something else entirely to use the plight of transgender peoples as a means of cording society to change the way it categorises gender. And it is completely insane to allow a false philosophy like gender theory to be used as the basis of public policy. If we don’t want more tragedies like David Reimer’s, we should put gender theory out in the trash where it belongs.

Free Speech Matters

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There has been an alarming trend in modern culture: numerous political and social activist groups have been attempting to use the pernicious and false doctrines of political correctness, tolerance, and diversity to silence those they disagree with. Many of these groups have sought the passage of so-called “hate speech” laws designed to silence voices of dissent.

At public colleges and universities, places where free speech and open debate should be actively encouraged, measures – including protests, disruption, and, in some cases, outright violence – taken to suppress voices of dissent has become tantamount to Government censorship. This censorship prevents students from inviting the speakers they wish to hear and debate speech they disagree with. Eva Fourakis, the editor-in-chief of The Williams Record (the student newspaper of Williams College) wrote an editorial, later recanted, commenting that “some speech is too harmful to invite to campus.” The editorial went on to say: “students should not face restrictions in terms of the speakers they bring to campus, provided of course that these speakers do not participate in legally recognised forms of hate speech.”

The University of California, Berkeley, is famous for sparking the free speech movement of the 1960s. Today, however, it has become a haven for radical, anti-free speech Neo-Marxists and social justice warriors. Not only have many Republican students had their personal property destroyed, but numerous conservative speakers have had their talks disturbed, and, in some cases, halted altogether. In February, Antifa – so-called anti-fascists – set fires and vandalised building during a speech by the controversial journalist, Milo Yiannopoulos (1984 – ). In April, threats of violence aimed at members of the Young Americas Foundation forced political commentator, Ann Coulter (1961 – ), to cancel her speech. A speech by David Horowitz (1939 – ), founder and president of the David Horowitz Freedom Center, was cancelled after organisers discovered that the event would take place during normal class times (for safety, or so they claimed). Finally, the conservative journalist, Ben Shapiro (1984 – ), was forced to spend US$600,000 on security for his speech at UC Berkeley. These events show that those who wish to use disruption, vilification, threats, and outright violence to silence others can be, and often are, successful in doing so.

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Like most the principles of classical liberalism, free speech developed through centuries of political, legal, and philosophical progress. And like many Western ideas, its development can be traced back to the Ancient Greeks. During his trial in Athens in 399BC, Socrates (470BC – 399BC) expressed the belief that the ability to speak was man’s most divine gift. “If you offered to let me off this time on condition I am not any longer to speak my mind”, Socrates stated, “I should say to you, ‘Men of Athens, I shall obey the Gods rather than you.”

Sixteen hundred years later, in 1215, the Magna Carta became the founding document of English liberty. In 1516, Desiderius Erasmus (1466 – 1536) wrote in the Education of a Christian Prince that “in a free state, tongues too should be free.” In 1633, the astronomist Galileo Galilei was put on trial by the Catholic Church for refusing to retract his claim of a heliocentric solar system. In 1644, the poet, John Milton (1608 – 1674), author of Paradise Lost, warned in Areopagictica that “he who destroys a good book kills reason itself.” Following the usurpation of King James II (1633 – 1701) by William III (1650 – 1702) and Mary II (1662 – 1694) in 1688, the English Parliament passed the English Bill of Rights which guaranteed free elections, regular parliaments, and freedom of speech in Parliament.

In 1789, the French Declaration of the Rights of Man and of the Citizen, an important document of the French revolution, provided for freedom of speech (needless to say, Robespierre and company were not very good at actually promoting this ideal). That same year, the philosopher Voltaire (1694 – 1778) famously wrote: “I detest what you write, but I would give my life to make it possible for you to continue to write.” Over in the United States, in 1791, the first amendment of the US Bill of Rights guaranteed freedom of religion, freedom of speech, freedom of the press, and the right to assemble:

ARTICLE [I] (AMENDMENT 1 – FREEDOM OF SPEECH AND RELIGION)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.”

During the 19th century, the British philosopher, John Stuart Mill (1806 – 1873) argued for toleration and individuality in his 1859 essay, On Liberty. “If any opinion is compelled to silence”, Mill warned, “that opinion may, for aught we can certainly know, be true. To deny this is to presume our own infallibility.” Mill believed that all doctrines, no matter how immoral or offensive, ought to be given public exposure. He stated in On Liberty:

“If the argument of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered.”

Elsewhere in On Liberty, Mill warned that the suppression of one voice was as immoral as the suppression of all voices:

“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.”

Centuries later, in 1948, the Universal Declaration of Human Rights, accepted unilaterally by the United Nations, urged member states to promote civil, human, economic, social, and political rights – including freedom of expression and religion.

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Supreme Court

 

Within the American Justice System, numerous Supreme Court cases have created judicial protections for freedom of speech. In the case of the Nationalist Socialist Party of America v. Village of Stoke (1977), the Supreme Court upheld the right of neo-Nazis to march through a village with a large Jewish population and wear Nazi insignia. The Justices found that the promotion of religious hatred was not a sufficient reason to restrict free speech.

In the city of St. Paul during the early 1990s, a white teenager was arrested under the “Bias-Motivated Crime Ordinance” after he burnt a cross made of a broken chair (cross-burning is commonly used by the Ku Klux Klan to intimidate African Americans) in the front yard of an African American family. The Court ruled that the city’s Ordinance was unconstitutional. Justice Antonin Scalia (1936 – 2016), noted that the purpose of restricting fighting words was to prevent civil unrest, not to ban the content or message of the speaker’s words. Scalia wrote in the case of R.A.V. v. City of St. Paul (1992):

“The ordinance applies only to ‘fighting words’ that insult, or provoke violence, ‘on the basis of race, colour, creed, religion or gender.’ Displays containing abusive invective, no matter how vicious or severe, are permissible unless they are addressed to one of the specified disfavored topics. Those who wish to use ‘fighting words’ in connection with other ideas—to express hostility, for example, on the basis of political affiliation, union membership, or homosexuality—are not covered. The First Amendment does not permit St. Paul to impose special prohibitions on those speakers who express views on disfavored subjects.”

In the Matal v. Tam case (2017), the Supreme Court found that a provision within the Lanham Act prohibiting the registration of trademarks that disparaged persons, institutions, beliefs, or national symbols violated the First Amendment. Justice Samuel Alito (1950 – ) opined:

“[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’.”

Justice Anthony Kennedy (1936 – ) opined:

“A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.”

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In recent years, numerous calls to ban speech have been justified on the basis that it is “hateful.” Much of this has come from the political left who (in what one may cynically regard as having more to do with silencing voices of dissent than with protecting vulnerable groups) argue that restrictions on hate speech must occur if minorities are to be given equal status with everyone else.

That certain types of speech can be offensive, and that some of that speech may be aimed at certain groups of people, is undeniable. Hate speech has even been criticised for undermining democracy! In an article, Alexander Tsesis, Professor of Law at Loyola University, wrote: “hate speech is a threatening form of communication that is contrary to democratic principles.” Some have even argued that hate speech violates the fourteenth amendment to the US Constitution which guarantees equal protection under the law:

Article XIV (AMENDMENT 14 – RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS, AND EQUAL PROTECTION)

1: All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.

That there is a historical basis for restricting hate speech is undeniable. Slavery, Jim Crow, and the Holocaust, among other atrocities, were all proceeded by violent and hateful rhetoric. (Indeed, incitement to genocide is considered a serious war crime and a serious crime against humanity under international law.) Genocide is almost always preceded by hate speech. However, what proponents of hate speech laws fail to realise is that the countries that perpetrated these atrocities did not extend the freedom to speak to the groups that they were targeting. Joseph Goebbels (1897 – 1945), the Nazi minister for public enlightenment and propaganda, for example, had such an iron grip on Germany’s media that any voice contradicting the Nazi’s anti-Semitic propaganda had no opportunity to be heard.

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But who, exactly, supports hate speech laws? Analysis of survey data taken from Pew Research Center and YouGov reveals that it is primarily non-white, millennial democrats. In terms of age, the Pew Research Centre found that forty-percent of millennials supported Government censorship of hate speech, compared to twenty-seven percent of gen x-ers, twenty-four percent of baby-boomers, and only twelve percent of the silent generation.

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In terms of race, research by YouGov reveals that sixty-two percent of African Americans support Government censorship of hate speech, followed by fifty percent of Hispanics, and thirty-six percent of White Americans.

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In terms of political affiliation, research from YouGov taken in 2015 found that fifty-one percent of Democrats supported restrictions on hate speech, compared to thirty-seven percent of Republicans, and only thirty-five percent of independents.

The primary issue with hate speech is that determining what it does and does not constitute is very difficult. (The cynic may argue, fairly, that hate speech begins when the speaker expresses a view or states a fact or expresses an opinion that another person does not want others to hear.) As Christopher Hitchens (1949 – 2011) pointed out, the central problem with hate speech is that someone has to decide what it does and does not constitute.

The second issue with hate speech laws is that they can easily be used by one group to silence another. Often this kind of censorship is aimed at particular groups of individuals purely for ideological and/or political purposes, often with the justification that such actions increase the freedom and equality of the people the advocates claim to represent.

In Canada, Bill C-16 has sought to outlaw “hate propaganda” aimed at members of the community distinguishable by their gender identity or expression. The Bill originated with a policy paper by the Ontario Human Rights Commission which sought to determine what constituted discrimination against gender identity and expression. This included “refusing to refer to a person by their self-identified name and proper personal pronoun.”  Supporters of Bill C-16 see it as an important step towards the creation of legal protections for historically marginalised groups. Detractors, however, have expressed concern that the Bill creates a precedence for Government mandated speech.

The Canadian clinical psychologist and cultural critic, Professor Jordan Peterson (1962 – ), first came to public attention when he posted a series of YouTube videos warning of the dangers of political correctness and criticising Bill C-16. In his videos, Professor Peterson warned that the law could be used to police speech and compel individuals to use ‘transgender pronouns’ (these are terms like ‘ze’ and ‘zer’, among others). For his trouble, Peterson has been accused of violence by a fellow panellist on the Agenda with Steve Palkin, received two warning letters from the University of Toronto in 2016, and was denied a social research grant from Canada’s Social Sciences and Humanities Research Council.

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A Nazi torch-light rally. 

Europe has been experiencing similar attempts to silence speech. A law passed in the Bundestag this year will force social media companies operating in Germany to delete racist or slanderous comments and posts within twenty-four hours or face a fine of up to €50 million if they fail to do so. Additionally, numerous public figures have found themselves charged with hate speech crimes for merely pointing out the relationship between the large influx of non-European migrants and high crime rates, particularly in terms of rape and terrorism. One politician in Sweden was prosecuted for daring to post immigrant crime statistics on Facebook.

In Great Britain, British Freedom of Information documents reveal that around twenty-thousand adults and two-thousand children had been investigated by the police for comments that made online. In politics, British MP, Paul Weston (1965 – ), found himself arrested after he quoted a passage on Islam written by Winston Churchill (1874 – 1965). In Scotland, a man was charged under the 2003 Communication’s Act with the improper use of electronic communications after he filmed his dog making a Hitler salute.

In Australia, Herald Sun columnist, Andrew Bolt (1959 – ), was found to have contravened section 18C of the Racial Discrimination Act after he published articles accusing fair-skinned Aborigines of using their racial status for personal advantages. The law firm, Holding Redlich, speaking for a group of Aboriginal persons, demanded that the Herald Sun retract two Andrew Bolt articles, written in April and August of 2009, and restrain Bolt from writing similar articles in the future. Joel Zyngier, who acted for the group pro-bono, told Melbourne’s The Age:

“We see it as clarifying the issue of identity—who gets to say who is and who is not Aboriginal. Essentially, the articles by Bolt have challenged people’s identity. He’s basically arguing that the people he identified are white people pretending they’re black so they can access public benefits.”

Judge Morcedai Bromberg (1959 – ) found that the people targeted by Bolt’s articles were reasonably likely to have been “offended, insulted, humiliated, or intimidated.”

We need speech to be as free as possible because it is that which allows us to exchange and critique information. It through free speech that we are able to keep our politicians and public officials in check, that we are able to critique public policy, and that we are able to disseminate information. As the Canadian cognitive psychologist, Stephen Pinker (1954 – ), observed: “free speech is the only way to acquire knowledge about the world.” Measures taken to restrict free speech, whether it be the criminalization of hate speech or any other, is a complete contradiction of the principles that free Western democracies are founded upon.