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http://www.worldnetdaily.com/bluesky_exnews/20000206_xex_bible_trial.shtml
      SUNDAY
    FEBRUARY 6
      2000


                  TESTING THE FAITH
                  Bible on trial
                  Rebellion brewing against
                  Canada's pro-'gay' ruling


                  By Julie Foster
                  � 2000 WorldNetDaily.com

                  A decision is months overdue on a complaint
                  brought against a Saskatchewan newspaper and
                  one of its advertisers by the province's Human
                  Rights Commission for printing an ad,
                  consisting of four Bible verses, which the
                  commission says violates homosexuals' human
                  rights.

                  Though a decision is expected any day,
                  defenders of the ad say the case will surely
                  make its way to the Canadian Supreme Court.

                  The case originated from complaints made by
                  three homosexual men who saw the ad in the
                  Saskatoon StarPhoenix. Paid for by Hugh
                  Owens, the ad displayed citations of four Bible
                  verses on the left, an equal sign and a picture of
                  two male stick figures holding hands inside the
                  international symbol for "no" on the right. It ran
                  June 30, 1997.

                  Each complaint letter asserted Owens'
                  advertisement "tends to restrict the enjoyment of
                  rights which I am entitled to under the law, and
                  exposes me to hatred and otherwise affronts my
                  dignity because of my sexual orientation,
                  contrary to Section 14 of the Saskatchewan
                  Human Rights Code."

                  That code prohibits publication and radio and
                  television broadcasts of "any statement or other
                  representation" that offends any individual or
                  group based on "race, creed, religion, color, sex,
                  sexual orientation, family status, marital status,
                  disability, age, nationality, place of origin or
                  receipt of public assistance."

                  Two years later, in August 1999, a board of
                  inquiry heard the case with witnesses from both
                  sides of the debate -- the StarPhoenix and
                  Owens saying the ad is an expression of free
                  speech, and the plaintiffs along with
                  government-procured witnesses claiming the ad
                  incited hatred and violence against
                  homosexuals.

                  Canadian law outlines a complaint system for
                  human rights violations from within the
                  government's administration that is intended to
                  lighten the load of the courts. Complaints filed
                  with the Human Rights Commission follow one
                  of two paths: An early settlement may be
                  pursued in which the two parties -- the
                  complainant and the accused -- undergo
                  mediated discussion, or the commission may
                  investigate a complaint to determine its
                  validity. If the complaint is not valid, it is
                  discarded.

                  Once an investigation is completed and the
                  commission determines a violation of the
                  nation's Human Rights Code occurred, the case
                  goes before a one-person tribunal, called a
                  board of inquiry, who is required to have a
                  "legal background." A government attorney
                  pleads the case of the complainant while the
                  accused is left to find his own counsel.

                  The commission has asked that both the
                  StarPhoenix and Owens pay $2,000 in damages
                  to each of the three complainants and that the
                  defendants share the $4,500 cost for two of the
                  province's expert witnesses.

                  One of those witnesses was Dr. Didi Khayatt, an
                  education professor currently in the middle of a
                  six-year study on how "lesbian" desire is
                  expressed in Egypt. Khayatt testified that sexual
                  identity is an integral part of one's personality
                  and is constantly developing throughout a
                  person's lifetime. She also said homosexuals
                  face "misunderstanding and hostility ... in a
                  heterosexist society."

                  The Bible quotes chosen by Owens promote that
                  hostility, according to the commission.
                  StarPhoenix's publisher, Lyle Sinkewicz,
                  disagrees.

                  "In that the Bible is the best-selling book in the
                  world and it is generally not thought to be hate
                  literature, I thought it was OK to run the ad,"
                  Sinkewicz told the board.

                  In a strange turn of events, the commission set
                  to prove him wrong by changing the focus of the
                  hearing from judging a possible human rights
                  violation to determining whether or not the
                  Bible condemns homosexuality. To accomplish
                  that goal, Rev. Brent Hawkes testified to the
                  commission that the Bible does not necessarily
                  condemn homosexuality.

                  According to the commission's closing
                  arguments, "Rev. Brent Hawkes cast doubt on
                  the Biblical passages which Owens purports to
                  be the word of God, pointing out that many
                  scholars are now questioning whether those
                  passages refer to homosexuality at all."

                  Hawkes also declared Roman Catholics and
                  Orthodox Jews will be punished by God for
                  holding that the practice of homosexuality is
                  wrong.

                  Darien Moore, counsel for the commission,
                  continued his statement by saying, "We heard
                  several witnesses from religions other than Mr.
                  Owens' who explained that homosexuals may
                  or may not be accepted as full members of their
                  congregations. It is obvious that the issue of
                  homosexuality is being debated in all of the
                  mainline churches."

                  Now the issue is also being debated by the
                  Canadian government. The Saskatchewan
                  Human Rights Commission has effectively
                  turned the Owens/StarPhoenix case into a
                  theological debate that will be settled by Valerie
                  Watson -- the young lawyer comprising the
                  board of inquiry for this case. Certainly, the
                  nature and weight of the debate has led to the
                  delay of a ruling by Watson.

                  But this isn't the only case in Canada that shows
                  government restrictions on freedom of speech
                  and expression -- a right Saskatchewan's justice
                  minister insists has not been infringed by the
                  Human Rights Commission. Rory Leishman of
                  the London Free Press, told WorldNetDaily of
                  similar situations around the country.

                  Scott Brockie, owner of a Toronto print shop,
                  has a case pending in Ontario. Based on his
                  religious convictions, Brockie refused to print
                  letterhead for the homosexual activist group
                  Lesbian and Gay Archives, whose mission is to
                  collect historical information on homosexuality.
                  Brockie suggested other print shops in the area,
                  but the group filed its complaint, accusing the
                  printer of affronting their dignity.

                  Brockie was ordered by the commission to pay
                  the group $5,000 in damages and submit a
                  written apology. The printer has vowed he will
                  not comply with the order.

                  Canada's Human Rights Code allows each
                  provincial commission "to do anything [short of
                  imprisonment] that, in the opinion of the board,
                  the party ought to do to achieve compliance
                  with this Act, both in respect of the complaint
                  and in respect of future practices."

                  Should defendants refuse to comply with a
                  board's order, a commission may bring the case
                  before the Canadian justice system.
                  Punishments could then result in jail time.

                  Brockie is not alone is his stand against a board
                  ruling. London, Ontario Mayor Dianne Haskett
                  did not respond when requested to proclaim a
                  "gay pride" weekend. "Homophiles," the
                  pro-homosexual group who made the request,
                  complained. Haskett was ordered by an Ontario
                  board of inquiry to made the proclamation,
                  despite her religious convictions, and pay
                  $5,000 in damages to Homophiles.

                  Haskett refused to obey the order, and the
                  incident became a central issue in the
                  subsequent mayoral election. She was
                  overwhelmingly re-elected.

                  In her victory speech, the mayor said, "I only
                  sought to maintain my constitutional right as a
                  Canadian to freedom of expression. Until our
                  Canadian Charter of Rights and Freedoms is
                  overthrown, we as Canadians still have the right
                  to choose what we will say and what we will not
                  say. And no Human Rights Commission, acting
                  outside the law, can take that right away from
                  us."

                  Others join Haskett in her disapproval of
                  human rights commissions. Critics view the
                  commissioners' actions as overreaching, much
                  the same as some Americans' complaints of
                  "judicial activism."

                  Leishman calls the commissions "a perverse
                  invention of the 1960s." He says Canada had
                  "one of the world's best records of respect for
                  basic human rights and fundamental freedoms"
                  before the Human Rights Code was written and
                  perceives the commissions' actions as an
                  attempt to achieve perfection in human affairs.

                  "Mandating human rights commissions and
                  other state authorities to try to achieve
                  perfection is a formula for tyranny," Leishman
                  said.

                  He quotes Thomas Sowell of Stanford
                  University: "If you are free only when others
                  think you are right, then you are not free at all."

                  Leishman also issues a wake-up call to his
                  fellow Canadians with the words of John
                  Philpot Curran: "The condition upon which God
                  hath given liberty to man is eternal vigilance;
                  which condition if he break, servitude is at once
                  the consequence of his crime, and the
                  punishment of his guilt."



                  Julie Foster is a staff reporter for
                  WorldNetDaily.
http://www.worldnetdaily.com/bluesky_exnews/20000206_xex_bible_trial.shtml
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