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		<title>not too much</title>
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		<managingEditor>brian@nottoomuch.com</managingEditor>
                <copyright>Copyright 2008</copyright>
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		<pubDate>Thu, 03 Jul 2008 22:19:52 -0400</pubDate>
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			<title>WYD : NSW shoots itself in the foot</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1541</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1541#comm</comments>
                        <description><![CDATA[ <img src="http://nottoomuch.com/images/wyd.jpg" width="246" height="653" class="margined" align="right" alt="WYD" />The New South Wales government has shot itself in the foot (again), this time by heavy-handed restriction of protestors on World Youth Day. As the explanatory notes state, the <i>World Youth Day Amendment Regulation 2008</i>, among other things,<blockquote>(f) empowers police officers and authorised members of the State Emergency Service and the Rural Fire Service to direct a person within a World Youth Day declared area to cease engaging in conduct that is a risk to the safety of the person or others, causes annoyance or inconvenience to participants in a World Youth Day event or obstructs a World Youth Day event, and<br />
(g) makes it an offence (carrying a maximum penalty of 50 penalty units, currently $5,500) to fail, without reasonable excuse, to comply with such a direction.</blockquote>These slogans are from a Wordl Youth Day T-shirt design competition by the <a target="_blank" href="http://remogeneralstore.com">Remo</a> store.<br />
 <br />
Priest and lawyer, Frank Brennan <a target="_blank" href="http://www.eurekastreet.com.au/article.aspx?aeid=7930">writes</a> (3 Jul 08) that this &quot;is a dreadful interference with civil liberties, and contrary to the spirit of Catholic social teaching on human rights.&quot;<blockquote>As an Australian Catholic lawyer, I am saddened that the state has seen fit to curtail civil liberties further in this instance than they have for other significant international events hosted in Sydney.</blockquote>Brennan quotes Pope John XXIII’s teaching in on human rights in <i>Pacem in Terris</i> (1963) Pacem In Terris, the 1963 encyclical of Pope John XXIII, and says that &quot;No fair application of these principles would permit an extension of police powers simply to preclude protesters from causing annoyance to pilgrims attending World Youth Day.<br />
<br />
. . . The rights of law abiding, peaceful protesters at WYD need to be 'recognised, respected, coordinated, defended and promoted', just as surely as the rights of the pilgrims. The rights of free speech and assembly should not be curtailed only because visiting pilgrims might be annoyed or inconvenienced in public places. <br />
<br />
John XXIII said:<blockquote>It is generally accepted today that the common good is best safeguarded when personal rights and duties are guaranteed. The chief concern of civil authorities must therefore be to ensure that these rights are recognised, respected, coordinated, defended and promoted, and that each individual is enabled to perform his duties more easily. For to safeguard the inviolable rights of the human person, and to facilitate the performance of his duties, is the principal duty of every public authority.<br />
<br />
Thus any government which refused to recognise human rights or acted in violation of them, would not only fail in its duty; its decrees would be wholly lacking in binding force. <br />
<br />
One of the principal duties of any government, moreover, is the suitable and adequate superintendence and coordination of men's respective rights in society. <br />
<br />
This must be done in such a way that the exercise of their rights by certain citizens does not obstruct other citizens in the exercise of theirs; that the individual, standing upon his own rights, does not impede others in the performance of their duties; and that the rights of all be effectively safeguarded, and completely restored if they have been violated.</blockquote> ]]></description>
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			<category>Equality in Australia</category>
			<pubDate>Fri, 04 Jul 2008 08:18:00 -0400</pubDate>
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			<title>More civil union debate in Canberra's assembly</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1540</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1540#comm</comments>
                        <description><![CDATA[ <i>The Canberra Times</i> <a target="_blank" href="http://www.canberratimes.com.au/news/local/news/general/samesex-legal-union-push/802834.aspx">reports</a> that Greens member of the A.C.T. Legislative Assembly, Dr Deb Foskey, has tabled a bill to allow same-sex couples to formalise their unions with a legal ceremony. Such an option was part of the ACT Government's same-sex partnership proposals but was cut when the ALP federal government forced the territory to water down its legislation.<br />
<br />
The ACT allows gay and lesbian couples to formally register their relationships but does not provide them with a legal ceremony. Territory Attorney-General Simon Corbell said the Government was considering Foskey's bill and would announce its position on the legislation before it was debated. He told ABC radio that if the bill was passed it could jeopardise the Government's existing laws on same-sex couples. But Dr Foskey said Mr Corbell had not done his legal homework. &quot;'All our investigation indicates that if the Federal Government wants to repeal our new addition then it can do that and without harming at all the existing regulation,&quot; she said. ]]></description>
			<guid isPermaLink="false">1540@http://nottoomuch.com/pivot/</guid>
			<category>Equality in Australia</category>
			<pubDate>Thu, 03 Jul 2008 08:48:00 -0400</pubDate>
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			<title>George Bush and Yongbon Maskirovka</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1539</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1539#comm</comments>
                        <description><![CDATA[ <img src="http://nottoomuch.com/images/coolingtower.jpg" width="450" height="320" border="0" alt="Cooled" align="right" />John Bolton of the American Enterprise Institute, <a target="_blank" href="http://online.wsj.com/article/SB121478274355214441.html">laments</a> &quot;The tragic end of Bush's North Korea policy.&quot; &quot;Nothing&quot;, he says, &quot;can erase the ineffable sadness of an American presidency, like this one, in total intellectual collapse.&quot; (<i>Wall Street Journal</i> 30 Jun 08). I extract here, his observations on the reality of North Korea's actions. Cartoon: <i><a target="_blank" href="http://www.koreatimes.co.kr/www/news/opinon/2008/06/195_26736.html">Korea Times</a></i>.<blockquote><i>Maskirovka</i> -- the Soviet dark art of denial, deception and disguise -- is alive and well in Pyongyang, years after the Soviet Union disappeared. Unfortunately, the Bush administration appears not to have gotten the word.<br />
<br />
With much fanfare and choreography, but little substance, the [U.S] administration has accepted a North Korean &quot;declaration&quot; about its nuclear program that is narrowly limited, incomplete and almost certainly dishonest in material respects. In exchange, President Bush personally declared that North Korea is no longer a state sponsor of terrorism or an enemy of the United States. In a final flourish, North Korea has undertaken a reverse Potemkin Village act, destroying the antiquated cooling tower of the antiquated Yongbyon reactor. In the waning days of American presidencies, this theater is the stuff of legacy.<br />
<br />
North Korea has consecutively broken every major agreement with the U.S. since the North's creation. The Bush administration provides no reason why this one will not be added to that long list except the audacity of hope. . . . <br />
<br />
The extent to which Yongbyon's aggregate plutonium production has been weaponized and concealed is one critical unresolved issue. Moreover, analysis of the much-touted 18,000 pages of Yongbyon documentation previously turned over has uncovered significant gaps in information, especially concerning the reactor's early years of operation, that preclude making a truly accurate calculation. This is essentially the same problem that the International Atomic Energy Agency faced during its years of monitoring Yongbyon under the failed 1994 Agreed Framework, showing that the North is nothing if not consistent in its cover-up strategy.<br />
<br />
Ironically, the documents themselves are contaminated with particles of highly enriched uranium, probably from that enrichment program North Korea still denies. This program's extent is crucial, because if it is production scope, the North will still have a route to fissile material no matter what Yongbyon's ultimate fate, proving yet again that leveling those aged facilities was a nonconcession. . . . The North's proliferation, such as the now-flattened Yongbyon twin in Syria, are important not only for what they prove about the North's ongoing duplicity, but for their potentially central place in the North's continuing nuclear weapons program. . . . North Korea alone benefits by phasing, by stretching out a process that enables Kim Jong Il to stay in power and to maximize the political and economic benefits he can extract through each excruciatingly lengthy and painful phase.</blockquote> ]]></description>
			<guid isPermaLink="false">1539@http://nottoomuch.com/pivot/</guid>
			<category>Korea comment</category>
			<pubDate>Tue, 01 Jul 2008 03:17:00 -0400</pubDate>
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			<title>GAFCOM repudiates Windsor : Canberra and Goulburn responds</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1538</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1538#comm</comments>
                        <description><![CDATA[ It <a target="_blank" href="http://www.guardian.co.uk/world/2008/jun/30/anglicanism.religion">would seem</a> that the GAFCON Conference has given birth to a new conservative movement within Anglicanism. The Fellowship of Confessing Anglicans, FOCA. It may represent up to half of the world's Anglicans; whether it is to be separate 'church' matters little. It is ironic that the next step will be a meeting in London, of all places, the colonial head office.<br />
<br />
<img src="http://nottoomuch.com/images/discarded.jpg" width="346" height="242" class="margined" align="right" alt="trashed" />I am not greatly enamored of the Windsor report. Nevertheless, it recommended three key things: (1) a moratorium on blessing of same-sex unions and consecration of any bishop in a same-sex relationship, (2) non-interference by bishops in each others' dioceses and provinces, and (3) creation of a Communion covenant. (Cartoon: <a target="_blank" href="http://www.churchtimes.co.uk/content.asp?id=33097">Dave Walker</a>.)<br />
<br />
It is not long ago that the American Episcopal Church was required by the Primates to give assurances that it was in conformity with the Windsor recommendations. Now, the GAFCON leadership has repudiated the Windsor process wholesale, by determining that they will intervene wholesale in any dioceses or province process as they see fit. The possibility of a covenant, to be discussed at Lambeth, is dim indeed. Archbishop Akinola has said that, &quot;If you receive an SOS from anywhere in the world we will move in.&quot; The new body, FOCA, will have a primates' council to recognise member provinces, without reference to Canterbury, and to oversee the Fellowship. It will cross provincial and borders and boundaries.<br />
<br />
Commenting on the creation of FOCA, my own bishop, the Vicar General of Canberra and Goulburn, Bishop Allan Ewing, <a target="_blank" href="http://www.abc.net.au/news/stories/2008/06/30/2289855.htm">said</a> he does not believe the church will be driven apart by conservatives. Bishop Ewing is disappointed about the Lambeth boycott because he believes any rifts should be discussed in the wider Anglican community. But he says this latest development does not have to lead to a permanent schism.<blockquote>At its heart the Anglican Church is a reforming church, that is, it doesn't breakaway and create new churches so much as tries to reform, always from within. So the challenge of what's happened in Jerusalem , and the Archbishop's involvement in that, is a challenge to how we might order ourselves and form ourselves as church in the future. The Lambeth Conference will be another important part of that discussion.<br />
<br />
I think what it will mean for us in Australia is that those of us who go to Lambeth will need to redouble our efforts with those who have not been there to establish a close understanding of each other.</blockquote>However Bishop Ewing says while parishioners in Canberra and Goulburn are aware of the views of the breakaway group they are more concerned about general questions of faith.<blockquote>I'd have to say that, probably on the ground our people are more focussed on Jesus and talking to people about the possibility of new life in Christ. Whilst this is an important issue, I don't believe it's the one that dominates conversations in parishes. . . We have people of profound faith who come to different conclusions on important matters, so yes, we have a crisis now, but in the same way as we always have a crisis. That is there are matters that must be discussed and must be dealt with.</blockquote>In other words, let's all take a deep breath, and relax. Then let's all get on with the business of the Gospel. ]]></description>
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			<category>Theology and the Spirit</category>
			<pubDate>Mon, 30 Jun 2008 11:47:00 -0400</pubDate>
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			<title>If the cause is not good, then neither is unity.</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1537</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1537#comm</comments>
                        <description><![CDATA[ <blockquote>Over the past half century, civil society in many parts of the world, including ours, has broken free from the long tradition of hostility and discrimination against gay people--and both society and individual lives are immeasurably the better for it. Now, inevitably and rightly, the same process is taking place in the churches, with pressure for the election of openly gay clergy and bishops and the blessing of same-sex unions. In the past, the church has managed such issues by covering them up. But on this issue in these times, that is no longer possible.<br />
<br />
The Archbishop of Canterbury, Rowan Williams, has battled to hold both his church and the wider communion together in the face of these pressures. That is one of his jobs--and it has not been a dishonourable effort. Yet it seems clear that it has only delayed an inevitable--and ultimately necessary--confrontation over this issue. Dr Williams has not, contrary to the views of Archishop Akinola, led the church into this. But, now that it is coming, he has a profound responsibility to lead the church out of it, happily and without fear. The question facing Anglicans - and facing other religious groups too - is whether theirs is a faith that is loving enough to treat gay people as equals. If the communion cannot hold together in the face of this question, then so be it. Unity matters as long as the cause is a good one. If the cause is not good, then maybe nor is the unity.<br />
-- <i>The Guardian</i>, <a target="_blank" href="http://www.guardian.co.uk/commentisfree/2008/jun/24/anglicanism.religion">Editorial</a> 24 Jun 08</blockquote> ]]></description>
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			<category>Sexuality and faith</category>
			<pubDate>Sun, 29 Jun 2008 04:57:00 -0400</pubDate>
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			<title>Was the Spirit at St. Bart's on 31 May?</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1536</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1536#comm</comments>
                        <description><![CDATA[ Was the Holy Spirit absent from the blessing at St. Bart's?<br />
<br />
Under the heading &quot;Let no man put asunder&quot; <i>Church Times</i> <a target="_blank" href="http://www.churchtimes.co.uk/content.asp?id=58324">editorialised</a> on 20 Jun 08 that the English Archbishops are,<blockquote>clearly worried about how Anglicans in different provinces might interpret the recent service at St Bartholomew the Great, Smithfield, at which the partnership of two gay priests was celebrated. This can be the only reason they produced their brief but erroneous statement on Tuesday that clerics in the Church of England are &quot;not at liberty simply to ignore&quot; the Church's teaching on sexuality, which they define, interestingly [and again wrongly], as: the 1987 Synod motion, the 1991 Bishops' statement Issues in Human Sexuality, the 1998 Lambeth Conference motion 1.10, and the House of Bishops' 2005 statement on civil partnerships.</blockquote>Most English clergy have very strong security of 'freehold' tenure and &quot;a cleric who holds the freehold (still in the majority among stipendiary priests) is at liberty to make up his or her mind about the relative merits of various pronouncements on theology or ethics . . . something that the Rector of St Bartholomew's will know.&quot;<br />
<br />
<i>The Church Times</i> wisely concludes that, <blockquote>The service is Smithfield is a little thing, not deserving of pronouncements by archbishops. Its only political purpose is to show the impossibility of carving up the Anglican Church into conservative and liberal provinces or dioceses. Or even parishes: some of those interviewed at St Bartholomew's at the weekend approved of the Rector's actions, others did not. The challenge for the Lambeth Conference, and for GAFCON before it, is to demonstrate how Christians can disagree profoundly and yet recognise the working of the Holy Spirit in those with whom they disagree.</blockquote>And <i>that</i> we must all do. ]]></description>
			<guid isPermaLink="false">1536@http://nottoomuch.com/pivot/</guid>
			<category>Sexuality and faith</category>
			<pubDate>Sat, 28 Jun 2008 09:31:00 -0400</pubDate>
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			<title>Mugabe's story a microcosm of what bedevils Africa</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1535</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1535#comm</comments>
                        <description><![CDATA[ <i>The Tablet</i> (28 Jun 08) <a target="_blank" href="http://www.thetablet.co.uk/articles/11637">asks</a>, &quot;What is it about Africa that makes democracy there so difficult?&quot; That is a question I ask myself.<blockquote>Mugabe's post-colonial generation of nationalist leaders has more often than not used political power in an arbitrary and tyrannical fashion, accompanied by the corrupt plundering of national coffers for personal gain. They have generally subverted for their own advantage the institutions they inherited. Opinion in the West has been slow to blame them for this, perhaps from post-colonial guilt and a fear of sounding racist.</blockquote>Westerners and, more recently, China, have not been slow to exploit the situation, allowing corrupt African regimes to accumulate staggering debts, but &quot;Excusing Africa's problems by wholly blaming outside interests is also part of the problem, however, as it absolves Africans of responsibility for their own destiny. There are elements in African culture itself that contribute to its troubles.&quot;<br />
<br />
It is difficult to advance such an idea as the common good, <i>The Tablet</i> suggests, as &quot;It does not seem to resonate easily with indigenous values because it stretches solidarity beyond the immediate family and neighbourhood into the community. Human rights have similarly been regarded as a Western value system rather than as a statement of the fundamental worth of every person. A sense of common citizenship is often undeveloped.&quot;<br />
<br />
That does seem to me to be the nub of the problem. <br />
<br />
Correspondent Jonathan Steele <a target="_blank" href="http://www.guardian.co.uk/commentisfree/2008/jun/28/zimbabwe.serbia?gusrc=rss&amp;feed=commentisfree">says</a> there is a solution for Zimbabwe in the Serbian model.<blockquote>The only route that will avoid yet more bloodshed is a negotiated transition of power in which legal immunity and guarantees of safety are given to the very men who have been responsible for the violence of the past few months. I am not referring primarily to Mugabe. It is the security and police chiefs around him who hold the key. . . .<br />
<br />
Zanu-PF, the ruling party, remains an efficient hierarchy. Its top men can call off the so-called liberation war veterans and other jobless youth who have been terrorising the opposition Movement for Democratic Change since the first round of elections in March - and may be unleashed again when the runoff is over. The trick is to get them to want to.<br />
<br />
The MDC's wiser heads have long recognised this. They have held intermittent talks with Zanu-PF's leaders with the aim of forming a government of national unity that will maintain jobs for some Zanu-PF figures while allowing others to retire with dignity. The key issues concern the role of outside mediators, what pressures should be applied to get Zanu-PF to accept that power must be shared, and who should lead the new government. . . .<br />
<br />
The best model for Zimbabwe happens to be European. October 2000 in Belgrade is the pattern that Zimbabwe, with luck, will follow. The scenario is uncannily similar. A ruthless strongman loses the first round but gets his election commission to say the opposition did not reach 50% and therefore a runoff is needed. The opposition refuses to take part for fear the ruling party will organise its cheating better the second time; and street protests are held. . . . [The fact that the police did not intevene] mainly flowed from orders after behind-the-scenes negotiations that Vojislav Kostunica, the opposition candidate, led with Slobodan Milosevic's security chiefs. They were assured of safety if they changed sides. Milosevic met Kostunica next day and threw in the towel. . . . Milosevic's downfall came . . . when the hard men realised it was better to sacrifice their boss than themselves. Their Zimbabwean counterparts are probably making similar calculations.<br />
<br />
. . . It will be painful to let killers go free, but this is a case where justice should give way to pragmatism. The liberty of a few dozen thugs is the necessary price for millions of Zimbabweans to have a chance of life.</blockquote>Meanwhile, Zimbabwe suffers and Mugabe gloats. It all becomes much worse when a despotic leader is neurotic or worse (take Idi Amin for example). Maybe Mugabe is sane, but his personality is troubled.<br />
<br />
In her book <a target="_blank" href="http://www.dinnerwithmugabe.com"><i>Dining with Mugabe</i></a> (Viking / Penguin, 2008, ISBN 9780670072866) Johannesburg-based author Heidi Holland says that the emotionally fragile tyrant can't cope with rejection and is willing to destroy Zimbabwe to maintain his station.<br />
<br />
Holland he was recently granted a long interview with Mugabe. She asked him whether he was willing to sacrifice the welfare of Zimbabwe to prove a political point. &quot;He said yes,&quot; she says. &quot;He didn't argue it. It didn't strike him as an unacceptable position.&quot;<br />
<br />
Holland believes that Mugabe, though sane, is divorced from reality. &quot;He is going to destroy Zimbabwe and do whatever it takes,&quot; she says. &quot;He's completely out of touch with reality.&quot; &quot;Mugabe has a very fragile personality and he's positioned himself in such a way that he can't possibly be wrong, he can only be right.&quot;<br />
<br />
Mugabe had a difficult childhood, and no friends, and as a younger man he turned to books and study for solace. He is no fool, having earned seven university degrees, six of them during his 11 years as a political prisoner. &quot;He's very self-involved,&quot; Holland says. &quot;Now he's exhibiting his response to rejection. This emotional stuntedness of Mugabe's means he can't take criticism and humiliation. He is a man who really is out of touch with reality, but not mad.&quot; <br />
Unlike some despots and some of his followers, Mugabe craves power more than wealth. Holland does not think Mugabe is personally avaricious. But Mugabe remains angry and resentful against Britain the former colonial power -- in part with good reason. &quot;I think he's in the process of going back to war,&quot; Holland says.<br />
<br />
In her preface, Ms Holland writes,<blockquote>Everyone wanted to believe in Robert Mugabe. White Rhodesians longed to retain the agreeable lifestyle to which black Zimbabweans aspired. Britain saw democratic Zimbabwe as a Foreign Office trophy. Conflicting hopes survived for 15 years after independence despite the slaughter by Mugabe's personal militia of thousands of people loyal to the opposition leader Joshua Nkomo in the early 80s. Virtually everyone who should have cried foul looked the other way; whites because they were grateful to be out of the range of fire; the British government because it had to stand by its man up north while trying to bring majority rule to apartheid South Africa; and the international media because it had backed Mugabe to the hilt and could not contemplate its flawed judgement.<br />
<br />
. . . Looking back ever since, I realise that I and many other well intentioned individuals may have helped Robert Mugabe to become the man he is today. If we had reacted differently to the early signs of his paranoia, could Zimbabwe have been saved from its current abyss? If whites in the country had been more realistic and acknowledged the impossibility of shifting smoothly from a police state of their creation to the democracy of their self-serving dreams, would they have been more respectful, less provocative? Or is Robert Mugabe simply an example of how power corrupts?<br />
<br />
The questions are endless. What, if anything, could the former colonial power and the international community have done to curtail Mugabe's economic mismanagement before its effects spiralled into disaster? Can we legitimately heap all the blame for Zimbabwe's demise on Mugabe, or did he have some respectable accomplices? Were we who supported Robert Mugabe wrong about him all along?<br />
<br />
. . . What happened to the gifted scholar who used his time in Rhodesian jails to acquire a long list of degrees; whose only frivolity was a passion for Elvis Presley? Is the story of Robert Mugabe a tragedy - greatness brought low - or is the tragedy entirely Zimbabwe's?<br />
<br />
How can Robert Mugabe be framed in terms of other despots? He is certainly no buffoon like Uganda's Idi Amin. And he is far too detached to have blood on his own hands like Jean-Claude Duvalier of Haiti or Mobutu Sese Seko of the then Zaire. Accumulating personal wealth, like Ferdinand and Imelda Marcos of the Philippines, is not Mugabe's motive for tyranny either.<br />
<br />
The story of Robert Mugabe is a microcosm of what bedevils African democracy and economic recovery at the beginning of the 21st century.</blockquote> ]]></description>
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			<category>Travel and places</category>
			<pubDate>Sat, 28 Jun 2008 06:35:00 -0400</pubDate>
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			<title>Painful, ongoing discrimination</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1533</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1533#comm</comments>
                        <description><![CDATA[ Graeme Innes AM, Australian Human Rights Commissioner, says the Liberal and National opposition is &quot;extremely misguided.&quot; in delaying in the removal of discrimination against same sex couples with respect to superannuation for Australian Government employees so as to examine whether benefits for same-sex couples should also apply to interdependent relationships. (<i>Canberra Times</i>, 20 Jun 08).<br />
<br />
To cover interdependent relationships (such as two sisters or a parent and child who live together) in legislation about same-sex couples, Mr Innes says is &quot; bluntly, bad policy.&quot;<blockquote>Let me be very clear -- in doing this, they [the Opposition] are extending the discrimination experienced by same-sex couples. The issue of interdependency was addressed thoroughly in the <i>Same-Sex: Same Entitlements</i> report.<br />
<br />
Applying an interdependency test to same-sex couples instead of the <i>de-facto</i> test applied to opposite-sex couples automatically means that a loving same-sex couple have to prove their relationship under a different set of criteria to a loving opposite-sex couple. These criteria, as they seek to prove interdependency between two people, rather than a de-facto relationship, are much harder to satisfy. Our report also found that the repercussions of this form of discrimination present a great level of uncertainty for the same-sex couples. After being together and caring for and relying upon one another for a significant period of time, they, unlike an equivalent opposite-sex couple, are not assured that they can provide financial security for their partner or their children if they were injured, taken ill or died. This is (a very painful form of) discrimination. Finally, applying the test of interdependency to same-sex couples instead of the de-facto test applied to opposite-sex couples is a symbolic gesture. It says that same-sex relationships are not as valid as opposite-sex relationships.<br />
<br />
If the [opposition] Coalition really wanted to investigate payment of benefits to interdependent people, they could have passed the Bill for same-sex couples, and conducted this investigation separately.<br />
<br />
I know that some members of the coalition support economic justice for same-sex couples, and that gay and lesbian Australians are numbered among their family and friends. But I question the real motivation of the other Coalition members.<br />
<br />
This issue is about discrimination--painful, ongoing discrimination. The coalition should remember that this time last year 71% of Australians wanted to give same sex couples a fair go. Instead of prolonging the pain, they should remove the discrimination which we [the Human Rights Commission] found, and turn that 71% opinion into law.</blockquote> ]]></description>
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			<category>Equality in Australia</category>
			<pubDate>Wed, 25 Jun 2008 13:36:00 -0400</pubDate>
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			<title>Libidinous law</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1532</link>
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                        <description><![CDATA[ Legal history scholar Alecia Simmonds <a target="_blank" href="http://www.smh.com.au/news/opinion/for-samesex-couples-the-law-must-embrace-love/2008/06/20/1213770920980.html">tells</a> the story of 18 year old Sarah Cox who, in 1825, successfully brought Australia's first breach-of-promise action against her ex-lover, Captain John Payne. Payne's affirmations of love for Miss Cox and promises of marriage ended when he was attracted to a certain wealthy widow.<br />
<br />
<img src="http://nottoomuch.com/images/sarahwentworth.jpg" width="160" height="200" class="margined" alt="Sarah" align="right" />(Sarah was born in the young colony in 1805, the daughter of two convicts, Francis Cox and Frances Morton. She met her future husband, lawyer William Charles Wentworth I, when he took on her case against Payne. Sarah was an immensely practical woman who managed the Wentworth estates leaving her husband free to pursue a public career. After bearing ten children, she outlived her husband and died in England, in 1880.) <br />
<br />
It was, Simmonds says, &quot;an age when women's entire future economic and social status depended upon men keeping their promises of marriage and when the law would step in to provide damages for a wounded heart.&quot;<blockquote>These trials speak of a time when love and the legislature were intertwined, when desire fell within the jurisdiction of the courts and lawmakers mused about lust and love.<br />
<br />
We like to think of the 19th century as an age of almost totalitarian sexual repression. Yet when we consider the current debate around same-sex superannuation entitlements, it is our own legislature that ends up looking embarrassingly Victorian. Brendan Nelson appears to be daintily choking on the term same-sex couple or, more specifically, on the sex part. This week saw the Coalition use its Senate majority to delay Labor's bill extending superannuation and death benefit rights to gay couples. . . .<br />
<br />
Why? Because Dr Nelson prefers the term interdependent to gay and lesbian or same-sex. . . . In effect, Dr Nelson wants to take the sex out of same-sex relationships and to quarantine law from Eros. In placing same-sex relationships on the same footing as good friends or cohabiting siblings, the Coalition is reducing gay and lesbian couples to fictive or invisible legal positions. Dr Nelson's proposed amendments would give gays and lesbians the same rights as under Labor's bill but on the condition that their sexuality remain legally closeted. The amendments amount to a linguistic repression of same-sex desire and a legislative closeting of gay love. If Dr Nelson is serious about dealing with gay and lesbian injustices then he must realise that visibility and recognition in the public sphere and in law is crucial to overcoming discriminatory attitudes. He must allow desire a legitimate place within parliamentary debate and love a place within law.</blockquote>What is interesting about the C19th cases, Simmonds concludes,<blockquote>is that they saw love as a matter of concern within the public sphere.&quot;They did not recoil like Nelson at the mention of desire. The struggle for gay and lesbian rights has largely been a struggle for privacy, or the right to freedom from unwarranted state intrusion into one's private and sexual life. While this is still clearly necessary, we also need to think about privacy as including the freedom to express our emotional and sexual desire. Amorous interactions, emotions and desire occupy too vast a territory of public space to be banished from parliament or relegated to the fictive and benign categories of friendship or family. Ultimately, justice should be as libidinous and emotive as the subjects it governs.</blockquote> ]]></description>
			<guid isPermaLink="false">1532@http://nottoomuch.com/pivot/</guid>
			<category>Equality in Australia</category>
			<pubDate>Fri, 20 Jun 2008 13:10:00 -0400</pubDate>
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			<title>Sexuality in the brain</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1531</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1531#comm</comments>
                        <description><![CDATA[ A question for scientists is whether there are differences in the brains of gay men that relate to things other than sexual preference. A recent Swedish study is receiving <a target="_blank" href="http://www.newscientist.com/channel/sex/dn14146-gay-brains-structured-like-those-of-the-opposite-sex.html">much attention</a> because it is the first to identify regions of the brain not directly involved in sexuality that seem to be feminized in gay males. [Ivanka Savic and Per Lindstr&ouml;m. PET and MRI show differences in cerebral asymmetry and functional connectivity between homo- and heterosexual subjects. <i>Proc. Natl. Acad. Sci. USA,</i> 10.1073/pnas.0801566105, <a target="_blank" href="http://www.pnas.org/cgi/content/abstract/0801566105v1">published online</a>, 16 June 2008.]<br />
<br />
Scientists at the <a target="_blank" href="http://ki.se/">Karolinska Institute</a> studied brain scans of 90 gay and straight men and women, and found that the size of the two symmetrical halves of the brains of gay men more closely resembled those of straight women than they did straight men. A denser network of nerve connections was found, for example, in the amygdala, the emotional centre of the brain. Yet not all regions of the brain are affected in such a way.<br />
<br />
Earlier studies found that cerebral responses to putative pheromones and objects of sexual attraction differed between homosexuals and heterosexual subjects. Although this observation may have merely mirrored perceptional differences, it raised for the authors &quot;the intriguing question as to whether certain sexually dimorphic features in the brain may differ between individuals of the same sex but different sexual orientation.&quot; <br />
<br />
They addressed this question &quot;by studying hemispheric asymmetry and functional connectivity, two parameters that in previous publications have shown specific sex differences.&quot;<br />
<br />
The authors say that &quot;The results cannot be primarily ascribed to learned effects, and they suggest a linkage to neurobiological entities.&quot; However,<blockquote>The present study does not allow narrowing of potential explanations, which are probably multifactorial, including interplay between pre- and postnatal testosterone and estrogen, the androgen and estrogen receptors, and the testosterone-degrading enzyme aromatase. It nevertheless contributes to the ongoing discussion about sexual orientation by showing that homosexual men and women differed from the same-sex controls and showed features of the opposite sex in two mutually independent cerebral variables, which, in contrast to those studied previously, were not related to sexual attraction. The observations cannot be easily attributed to perception or behavior. Whether they may relate to processes laid down during the fetal or postnatal development is an open question. These observations motivate more extensive investigations of larger study groups and prompt for a better understanding of the neurobiology of homosexuality.</blockquote>All this is part of the ‘nature vs. nurture’ debate concerning the origins of sexual preference. Some would argue that if sexual preference is physically inherent from the womb onward, it is unreasonable to describe expression of that preference as immoral. Yet, it is unclear (at least to me in my ignorance) just how much, and in what ways, even the organisation and structure of the human brain can be influenced by experience and training.<br />
<br />
These questions are scientifically interesting, no doubt. However, I am not convinced of the usefulness and validity of moral and ethical reasoning based on a mind-body duality--although I acknowledge it to be a large and complex question. ]]></description>
			<guid isPermaLink="false">1531@http://nottoomuch.com/pivot/</guid>
			<category>Life and love</category>
			<pubDate>Fri, 20 Jun 2008 11:40:00 -0400</pubDate>
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			<title>Celebration of love in the presence of God</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1529</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1529#comm</comments>
                        <description><![CDATA[ <table cellpadding="10"><tr><td valign="top"><b>Why I blessed gay clergymen's relationship</b><br />
By Martin Dudley<br />
(<a target="_blank" href="http://www.newstatesman.com/religion/2008/06/gay-relationship-marriage-love"><i>New Statesman</i></a> 17 Jun 08)<br />
The rector of <a target="_blank" href="http://www.greatstbarts.com">St Bartholomew the Great</a> in the City of London, in the eye of storm over gay 'marriage', explains why he decided he must bless a gay relationship<br />
<br />
Robustly heterosexual since early adolescence, unable to see that any love surpasses the love of women, and once branded by the odious <i>Daily Mail</i> as 'Dud the Stud', I may seem miscast in the role into which I have now been thrust, that of the turbulent rebellious priest who defies bishop and archbishop to bless two gay men, also priests, in their civil partnership.<br />
<br />
Yet there is a sense in which I have been moving towards this point for more than thirty years. The 1970s shaped my thinking. Many factors were combined, among them existential philosophy, the campus war against American involvement in Vietnam, the challenge to apartheid and to discrimination based on race, colour and gender, and the sexual liberation provided by the contraceptive pill.<br />
<br />
The Sunday Times in its golden age under Harry Evans was a major influence, creating a critical mindset that no longer accepted authority without question and the blue-back Penguin books provided a theoretical underpinning for future action.<br />
<br />
On the bottom shelf of my bookshelf is one such fundamental text, <i>The Death of the Family</i> by existentialist psychiatrist David Cooper. The study of theology at King's College, London, was rigorous, critical, comprehensive, and above all engaged with a rapidly changing world. As Dean Sydney Evans posed the existential &quot;Who am I?&quot; he taught us not to accept the &quot;I&quot; as a fixed point but a point in motion, always becoming.<br />
<br />
For today's Church of England it is as if the 1970s never existed; the lessons have been forgotten. There has been a retreat from exploring the depths, pushing the boundaries to the point where words strain, crack and sometimes break as we struggle to express in a suffering world the foolishness of God and the all-embracing love found in Jesus Christ.<br />
<br />
There has been a return to uncritical fundamentalist use of biblical &quot;proof texts&quot;, ripping verses from their theological and literary contexts. There has been a flight to the safety of rigid law and inflexible dogma and a consequent desire to unchurch those who will not conform.<br />
<br />
So on a day late in 2007 when my friend and colleague Peter Cowell asked me to bless the civil partnership that he was to contract with David Lord in May this year I was ready to answer &quot;yes&quot;. I did so not to provoke the so-called traditionalists and to deliberately disregard the guidelines published by the English House of Bishops, not to defy the Bishop of London, whose sagacity I respect, or Archbishop Rowan, who I have known and admired for 25 years, but because to respond in any other way would have been a negation of everything I believe, of everything that makes me who I am, as a man and as a priest.<br />
<br />
We were in uncharted territory, seeking to find the words that would express the love of Peter and David and their commitment to each other. New words could not carry the burden and we turned to the old, to words shaped by centuries of use, redolent with meaning.<br />
<br />
This bringing together of two men would be like a marriage but not a marriage, for I am clear that marriage is between a man and a woman, and the words I will say must be said with integrity. The words, vow and covenant, binding and union, were put under tension, slipping, sliding, perishing. They were imprecise, transferred from one relationship to another. We could not speak of procreation but we could speak of &quot;the mutual, society, help, and comfort&quot; that the one could have of the other, of loving, comforting, honouring and keeping, for these are good words and not limited to or by marriage.<br />
<br />
On 31 May, my birthday and the feast of the Visitation, when Mary said &quot;My soul doth magnify the Lord&quot;, 300 people gathered in St Bartholomew the Great to celebrate the Eucharist, to witness Peter and David commit themselves to each other in an exclusive loving relationship.<br />
<br />
Amazing flowers, fabulous music, a ceremony both solemn and oddly homely, familiar words reordered and reconfigured, carrying new meanings. Nothing jarred, nothing felt even vaguely inappropriate. New and untried but not wrong. Not a gay rally or demonstration, but a truly joyful celebration.<br />
<br />
It is not we who have whipped up the whirlwind, replacing words of love and inclusion with those of hatred and exclusion. We set out to express, experimentally, pushing at boundaries, a love of a type which is not unusual or perverse but which is perfectly ordinary and accepted outside the Church. Why, then, can it not be accepted inside the community that is based, not on law, but on the loving presence of God in Jesus Christ?<br />
<br />
Those who cannot ever accept same-sex unions and would rather divide from those who do, branding them as blasphemous and unchristian, have inevitably turned on us, and especially on me. I am clearly not na&iuml;ve, so I must have been malicious, politically-motivated, intent on pushing forward my ungodly agenda. Every aspect of my life and ministry is being raked over, the Daily Mail's old allegations of sexual impropriety, my failure to be elected as an alderman, my writing a book on clergy discipline, even the complaint from neighbouring flats that I will not silence the church clock which chimes at midnight and again at seven as it has for centuries. First discredit your opponent, then defrock him, and, as he is Rector of Smithfield, why not the stake?<br />
<br />
I did not seek the role, the interviews, the publicity, but more than thirty years ago I began a journey, a process of becoming, that focuses on Jesus the Christ, not as lawgiver and judge but as the one who loves us and holds us and will not let us go until we know ourselves as loved by him despite our foolishness and imperfections, and because of that, when Peter Cowell asked me, I did not hesitate, not even for a moment to answer &quot;Yes, I will.&quot;</td><td valign="top"><img src="http://nottoomuch.com/images/st_barts.jpg" width="300" height="225" border="0" alt="St. Barts" /><br /><br /><br />
<b>Why the church should bless gay marriage</b><br />
By Giles Fraser<br />
Anglicans have no reason to deny weddings to same-sex couples. We must endorse real love wherever we find it.<br />
(<a target="_blank" href="http://www.guardian.co.uk/commentisfree/2008/jun/18/religion.gayrights"><i>Guardian</i></a> 18 Jun08).<br />
<br />
A few weeks ago, two Anglican clergymen celebrated their civil partnership at a service in a famous London church. Newspapers last weekend called it a gay wedding. A number of friends of mine were at the service and told of a happy and wonderful occasion. But there are those who have been deeply upset; people who would quote scripture to argue that it threatens the very fabric of marriage itself. <br />
<br />
So what, then, is the Church of England's theology of marriage?<br />
<br />
Back in the 16th and 17th centuries, as the Book of Common Prayer was being put together, marriage was said to be for three purposes: First, it was ordained for the procreation of children. Secondly, it was ordained for a remedy against sin, and to avoid fornication. Thirdly, it was ordained for the mutual society, help and comfort that the one ought to have of the other, both in prosperity and adversity.<br />
<br />
How do these three concerns relate to the prospect of gay marriage? <br />
<br />
The third priority insists that marriage is designed to bring human beings into loving and supportive relationships. Surely no one can deny that homosexual men and women are in as much need of loving and supportive relationships as anybody else. And equally deserving of them too. This one seems pretty clear.<br />
<br />
The second priority relates to the encouragement of monogamy. The Archbishop of Canterbury himself has rightly recognised that celibacy is a vocation to which many gay people are simply not called. Which is why, it strikes me, the church ought to be offering gay people a basis for monogamous relationships that are permanent, faithful and stable.<br />
<br />
So that leaves the whole question of procreation. And clearly a gay couple cannot make babies biologically. But then neither can those who marry much later in life. Many couples, for a whole range of reasons, find they cannot conceive children -- or, simply, don't choose to. Is marriage to be denied them? Of course not.<br />
<br />
For these reasons -- and also after contraception became fully accepted in the Church of England -- the modern marriage service shifted the emphasis away from procreation. The weight in today's wedding liturgy is on the creation of loving and stable relationships. For me, this is something in which gay Christians have a perfect right to participate.<br />
<br />
I know many people of goodwill are bound to disagree with me on this. But gay marriage isn't about culture wars or church politics; it's fundamentally about one person loving another. The fact that two gay men have proclaimed this love in the presence of God, before friends and family and in the context of prayerful reflection, is something I believe the church should welcome. It's not as if there's so much real love in the world that we can afford to be dismissive of what little we do find. Which is why my view is we ought to celebrate real love however and wherever we find it.<br />
<br />
<hr width="300" /><br />
<b>The gay priests row is a holy smokescreen</b><br />
By Tim Footman 16 Jun 08 <br />
Objections to the church marriage of two priests are a reaction against honesty and openness, not sexuality<br />
(<a target="_blank" href="http://www.guardian.co.uk/commentisfree/2008/jun/16/anglicanism.gayrights">Guardian</a> 16 Jun 08)<br />
<br />
. . . Swift condemnation arrived from some of the usual suspects: the Archbishop of Uganda (is that entire country still reeling from Private Eye's equation of its name with carnal misdemeanour?); the Bishop of Winchester; and Sir Patrick Cormack MP, a man for whom, it seems, it is permanently 1955.<br />
<br />
But what exactly disturbs these defenders of &quot;traditional values&quot;? Gay priests have been a fixture of the Church of England for as long as anyone can recall, from Trevor Huddleston (scourge of apartheid) to Mervyn Stockwood (scourge of Monty Python). And despite the Church's hair-splitting distinction that it's not homosexuals they have a problem with, it's &quot;homosexual acts&quot;, I don't think my reverend Haircut 100 fan was virgo intacta; neither, I suspect, are large swathes of the LGBT clergy and laity.<br />
<br />
Moreover, everyone in the higher echelons of the church has known about this forever, but done little. Let's be clear: removing all the gay priests from the Anglican communion would provoke a serious staffing shortage; although they're better off than the Roman Catholic church, which would probably cease to exist if all the Hail Marys had to find alternative employment.<br />
<br />
The thing that has Archbishop of Uganda and his co-outraged spiralling into rentaquote mode is not that these people are gay; or even that they choose to express that gayness via the removal of each other's vestments. Come on, if you don't like gay people, why join an organisation where the senior managers all wear mauve frocks?<br />
<br />
No, their problem is that gay Anglicans like Peter Cowell and David Lord are honest and open about their sexuality, not just in the cliquish circles of the church hierarchy, but to their parishioners and to the wider world. And a good thing too. To do otherwise would be a lie. As I recall, Jesus didn't have much time for liars, dissemblers and hypocrites: &quot;whited sepulchres&quot;, he called them. As distinct from homosexuality, about which he said bugger all, if you'll pardon the expression.<br />
<br />
It's not the bluster and execration on the part of the conservatives that's so depressing: it's their collective self-delusion; their la-la-la-I-can't-hear-you denial of reality. As Nick Heyward so cogently argued, &quot;it hurts to fight with lies that bend my mind&quot;.</td></tr></table> ]]></description>
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			<category>Sexuality and faith</category>
			<pubDate>Thu, 19 Jun 2008 16:10:00 -0400</pubDate>
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			<title>Liberal bigotry makes Senator sick</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1528</link>
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                        <description><![CDATA[ As expected, the Opposition has used its numbers in the Senate to send <i>Same-Sex Relationships (Equal Treatment in Commonwealth Laws--Superannuation) Bill 2008</i> to the Senate Legal and Constitutional Affairs Committee, where it mauy languish indefinitely. The lengthy instructions given to the Committee require it to look at the definition of 'couple relationship', evidence on interdependent relationships other than marriages and de facto heterosexual and same-sex relationships, whether the definition of 'couple relationship' should include other interdependent relationships, and various aspects relating to children.<br />
<br />
Most extraordinary in the instructions are that the Committee may not &quot;conclude its consideration&quot; of the Bill until it has also examined &quot;any related bill or bills that may be introduced to give effect to the recommendations of the Human Rights and Equal Opportunity Commission's report <i>Same Sex: Same Entitlements</i>, dated May 2007&quot;. Speaking in Parliament on Tuesday, soon-to-retire Senator Andrew Bartlett found this particularly outrageous and let fly with a fine line of criticism of the Opposition.<blockquote>[E]ven after 18 years of seeing everything that gets thrown up in this chamber, one can still be surprised by the level of absolute, bare-faced, extraordinary hypocrisy being put forward by the coalition [i.e. the Opposition] here. After seeing all the things that get put forward for political reasons with the most ludicrous propositions being used to justify decisions and actions that are clearly politically driven, this is something that still leaves me breathless. I guess in some ways it is nice to not be so drenched in cynicism that I can still be surprised, or maybe the coalition is so creative that they can still find new ways to absolutely dredge the depths of debauchment of democratic process, weasel words and two-faced positions. The sorts of justifications that are being put forward by the coalition . . . are nonetheless a disgrace and an insult to the intelligence.<br />
<br />
... Some of the suggestions that are being put forward to justify what is being done are completely offensive.<br />
<br />
... A whole range of bills are being sent off for August reporting dates ... containing the wording not that the committee report by a set date, but that the committee not report before that date. Quite what that means, I am not sure. It is quite an interesting innovation whereby, even if the committee examines the matter, decides it has all it needs to look at and finishes its deliberations, according to this motion it is still not allowed to report before the date that the coalition is insisting on.<br />
 <br />
... [T]he bill relating to superannuation entitlements for people in same-sex relationships who have public sector superannuation, they are sending off, potentially, forever. It is quite an amazing reference: they are sending off the bill for the committee to inquire into and report on, but the committee is not actually allowed to conclude its inquiry into that bill and report back on it until they have looked at any other related bills that might be introduced down the track to give effect to the recommendations of a human rights commission report. Who is going to determine whether or not every single bill that is ever going to appear in regard to a recommendation from that report has appeared? Is it going to be the committee? Is it going to be the Senate? It is not stated.<br />
<br />
What we have is an open-ended inquiry--one, potentially, going on into the never-never--that is not able, according to this form of words, to report back until every related bill that may ever be introduced has also been examined. How farcical! How disgraceful, particularly when it is on a basic matter of justice, and particularly on a matter which, the coalition would have us believe--Senator Ellison's own words would have us believe--they support in principle. Do not be so ludicrous. If you support that matter in principle, you would not send it off to a Senate committee to inquire into but never report on. It is simply a disgrace.<br />
<br />
Adding to the disgrace is the history of this legislation and the issue involved. The <i>Same-Sex Relationships (Equal Treatment in Commonwealth Laws-- Superannuation) Bill 2008</i> deals with a matter that has been examined time and time again by Senate committee inquiries. It was examined as part of a general, wide-ranging inquiry that was reported on to this chamber back in 1997. It was examined in part of a Senate Select Superannuation Committee inquiry into work patterns in the mid-1990s. It was examined again by the Senate Select Committee on Superannuation, specifically in regard to another private senator's bill, in 2000. The legislation of the Democrats that specifically aimed to address this matter has been debated in this chamber on at least one occasion, if not more, as have many individual amendments specifically relating to superannuation. The issue was examined specifically in relation to superannuation by a Senate committee as part of inquiries into the government's superannuation laws and the superannuation choice laws in early 2000. The government, with the support of the Democrats, passed legislation containing similar measures to what is in this bill, in regard to personal superannuation, through this chamber. Yet we have Senator Ellison saying: 'We cannot deal with this single bill in isolation from all these other measures, even though we support it in principle, because it would be irresponsible, because it requires careful scrutiny.' How much more careful scrutiny do you need?<br />
<br />
... [L]ast year this chamber considered a proposal by me to review a piece of legislation that would implement the recommendations of the human rights commission inquiry--the very report that you now say has to be examined in extensive detail, potentially forever. And that proposal, to examine a piece of legislation that would give effect to the recommendations of that report, you blocked. You [the Opposition] stopped it being looked at, at all--not even in a one-week inquiry. Why? What was the pathetic, dishonest, dishonourable excuse you gave at the time? It was: 'It has already been inquired into. We do not even need to look at it because it has already been looked at.'<br />
<br />
You make me sick. But what makes me even more sick is that people have been waiting for this injustice concerning superannuation and same-sex couples to be rectified for a long time and, year after year, they have had to listen to weasel words like 'We support it in principle.'<br />
<br />
... The current government proposes to act on one part of the issue which, according to the majority view, the coalition actually support but now want to send off to a committee with no reporting date. It is disgusting.<br />
<br />
...  It makes me angry to be treated like an idiot. Part and parcel of being in this chamber is that you have to listen to people give laughable excuses and then they expect you to take them seriously ... but this is an issue of injustice and it is a very serious injustice. ... To use such facile excuses to delay justice once again, potentially indefinitely, is not only unjust--obviously--but extremely hurtful to a lot of people. Many people have been waiting for that injustice to be rectified for a long time. One of the reasons that it is time-critical, apart from the fact the bill has a 1 July start-up date--although that can be changed--is that injustices come into effect in this area particularly when a person's partner dies. That time is often very distressing to people. To have that distress compounded by this ongoing injustice is, I think, unconscionable.<br />
<br />
People recognise that occasionally things take a while, but excuses are being used to indefinitely delay the implementation of measures that have a big impact on people. Those people whose partner dies between 1 July and however long this legislation is delayed for will bear the brunt of this political gutlessness. That is what is at play here. If anyone can make a good argument for what is being done here, I would like to hear it. You can say that this is to allow proper consideration and prevent anomalies--I have heard those sorts of excuses many times when I have moved amendments in this place--but what you are really doing is pandering to bigots.</blockquote>So why <i>has</i> Opposition Leader Dr Nelson allowed his party to &quot;pander to bigots&quot;? Glenn Milne <a target="_blank" href="http://www.theaustralian.news.com.au/story/0,25197,23868176-7583,00.html">wrote</a> (in <i>The Australian</i> 16 Jun 08):<blockquote>The wedge confronting Nelson on this issue is both internal and external. Internally it refers to his relentless and endless need to shore up support within the Right of the party in order to preserve his leadership against the juggernaut that is Malcolm Turnbull. <br />
<br />
And externally it is grist to Labor's mill, cranking up the image of an Opposition Leader constantly forced to walk both sides of the street on social policy in order to remain electorally relevant, while struggling to survive factionally within his own caucus. <br />
<br />
... This reform is well overdue. How do we know this? Because immediately after his ascension to the Liberal leadership, Nelson told me so. In an interview conducted for News Limited's Sunday mastheads, Nelson was passionate in his advocacy of such a move. <br />
<br />
... The trouble is, though, many in the Liberal Party don't want to embrace such progressive stands. And the further trouble for Nelson is that most of those MPs belong to the Right of the party, the block of votes that delivered him the leadership by the narrowest of post-election margins.<br />
<br />
... The Government says [the reference of the bill to a Committee] will delay the benefits flowing from the same-sex benefits entitlements from July 1 at least until September. If you're gay and die in the meantime with a dependent partner, stiff cheddar.<br />
<br />
Which is the political point. Nelson initially adopted a socially courageous stand on long-term gay relationships and the equivalent heterosexual economic benefits that should flow. But in then doffing his leadership hat to the Right in the party when the legislation is introduced, he risks losing any political benefits from the gay community. . . . For Nelson, this is a familiar territory. Remember the Stolen Generations apology? Nelson backed the idea but he then salted his parliamentary response to Kevin Rudd so heavily in deference to the Liberal Right that he received credit for neither backing the apology nor opposing it.<br />
<br />
... The Right of the Liberal Party will be watching closely. As will the MP with the highest concentration of gays in the country in his electorate: Turnbull.</blockquote> ]]></description>
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			<category>Equality in Australia</category>
			<pubDate>Thu, 19 Jun 2008 09:57:00 -0400</pubDate>
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			<title>Why I don't take the bus</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1527</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1527#comm</comments>
                        <description><![CDATA[ Research publicised today has <a target="_blank" href="http://canberra.yourguide.com.au/news/local/news/general/canberrans-shun-bus-service-survey-finds/792576.aspx">found</a> that useage of Canberra's buses is limited by perceptions of limited reliability, availability and lengthy travel times. Only 10 per cent of Canberra commuters use public transport--buses, as we have no rail. Public transport use generally is a very low 3 per cent. About half of commuters believed public transport in Canberra was unreliable, 34 per cent that it took too long and 35 per cent said it was not available where they needed it. Eleven per cent of commuters were worried about safety on public transport (or, more likely, at the bus exchanges and waiting places) and 26 per cent simply preferred to use their cars.<br />
<br />
Why don't <i><b>I</b></i> take the bus? It would be cheaper than the car.<br />
<br />
Besides being uncomfortable (often having to stand) the big hassle for me is that, including the walk to the bus stop, it takes over twice as long as driving.<br />
<br />
For time-poor people with good incomes, bus transport will never be attractive. Even if the roads were choked with cars, to use the bus would take longer. If Canberra's roads ever do become heavily congested, the only way for public transport to compete will be with fast light rail services—unless, of course, petrol prices rise to utterly impossible-to-afford levels, which they will one day, no doubt. ]]></description>
			<guid isPermaLink="false">1527@http://nottoomuch.com/pivot/</guid>
			<category>Being green</category>
			<pubDate>Thu, 19 Jun 2008 09:08:00 -0400</pubDate>
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			<title>Marriage and the separation of powers</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1526</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1526#comm</comments>
                        <description><![CDATA[ In its 20 Jun 08 editorial, <i>Commonweal</i> <a target="_blank" href="http://www.commonwealmagazine.org/article.php?id_article=2262">argues</a> that decisions on a &quot;deeply divisive social and moral issue&quot; such as &quot;the meaning of marriage&quot; should not be made by judges but &quot;left to the give-and-take of legislative decision making.&quot;<br />
<br />
<i>Commonweal</i> describes the rationale for the Californian Supreme Court's 4-3 decision as<blockquote>unconvincing even to many who otherwise support same-sex marriage, because in finding such a fundamental right the court judged the state's expansive law establishing same-sex civil unions to be unconstitutional. That law, as the dissenting judges pointed out, granted civil unions all the substantive rights and benefits of marriage. What remained in dispute was whether by reserving the term &quot;marriage&quot; to heterosexual couples the state was treating same-sex couples in an unlawfully discriminatory manner. Dissenting from the majority opinion, Justice Carol Corrigan argued for the constitutionality of the distinction the legislature had made between marriage and civil unions. &quot;The people are entitled to preserve this traditional understanding in the terminology of the law, recognizing that same-sex and opposite-sex unions are different. What they are not entitled to do is treat them differently under the law,&quot; she wrote. &quot;Plaintiffs, however, seek to change the definition of the marital relationship, as it has consistently been understood, into something quite new. They could certainly accomplish such a redefinition through the initiative process. As a voter, I might agree. But that change is for the people to adopt, not for judges to dictate.&quot;</blockquote>Noting the differing views held by Roman Catholics, <i>Commonweal</i> says that<blockquote>As the church has long recognized, not everything that is immoral should be illegal. In many cases, prohibiting or criminalizing activities whose morality is deeply disputed is a mistake. In a democracy, people govern themselves. In that light, it is also a mistake for the courts to foreclose the relatively new public debate about same-sex marriage. Democratic cohesion is difficult to sustain when one side or the other feels its concerns have not been fairly heard. When it comes to how a society defines civil marriage, the voices of citizens, not judges, should be decisive.</blockquote>On the face of it, that seems reasonable enough. It is for the legislatures to make the laws. Yet, the courts must restrain a legislature if it acts unconstitutionally. Even laws made by a parliament can be illegal. If the prohibition of same-sex marriage is illegal under California's fundamental law, its Constitution, it was not only proper, but essential that California's courts act accordingly. An initiative to change that Constitution may or may not succeed, but the Californian court cannot be faulted for interpreting the law as it stands.<br />
<br />
Australia's Constitution gives the federal parliament power to make law relating to marriage and, by implication, leaves lawmaking relating to other types of relationships, such as same-sex civil unions, to the states. In 2004, the Parliament amended the <i>Marriage Act 1961</i> to state that &quot;marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life&quot;, adding that a &quot;union solemnised in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognised as a marriage in Australia.&quot;<br />
<br />
There might be some reason to argue in the High Court that the Parliament has misconstrued the meaning of &quot;marriage&quot; as listed among its lawmaking powers in 51(xxi)  of the Constitution. I have no idea whether such an argument would succeed. But that would quite legitimately be for the Court to decide. <br />
<br />
<hr width="300" /><br />
While the High Court of Australia has frequently considered the scope of 51 (xxi), it has not formally determined the meaning of the term 'marriage'.<br />
<br />
In <i>Attorney-General for N.S.W. v. Brewery Employees' Union of N.S.W</i>. (1908) 6 CLR. 469 at p. 610, Justice Higgins said that &quot;Under the power to make laws with respect to 'marriage' I should say that the Parliament could prescribe what unions are to be regarded as marriages.&quot; In <i>Attorney-General (Vic) v. Cth</i>, (1962) 107 CLR 529 at pp. 576-577, justice Windeyer said that &quot;It has been suggested that the Constitution speaks of marriage only in the form recognised by English Law in 1900 . . . and that therefore the legislative power does not extend to marriages that differ essentially from the monogamous marriage of Christianity. That seems to me an unwarranted limitation. Marriage can have a wider meaning for law.&quot; On the other hand Justice Brennan said in <i>Cormick and Cormick v. Salmon</i> (1984) 156 CLR 170 at p. 182 that &quot;The scope of the marriage power conferred by sec. 51 (xxi) of the Constitution is to be determined by reference to what falls within the conception of marriage in the Constitution, not by reference to what the Parliament deems to be, or to be within, that conception.&quot;<br />
<br />
There is much more, of more recent vintage, but it remains unclear whether High Court's consideration of s. 51(xxi) allows Parliament to determine the meaning of marriage or whether the term has an intrinsic meaning.<br />
<br />
The Full Court of the Familiy Law Court of Australia commented in 2003 that<blockquote>we think it plain that the social and legal institution of marriage as it pertains to Australia has undergone transformations that are referable to the environment and period in which the particular changes occurred. The concept of marriage therefore cannot, in our view, be correctly said to be one that is or ever was frozen in time. The relevance of this conclusion for the purposes of these reasons for judgment, is that on the sources we have had to identify for ourselves, there is no historical justification to support Mr Burmester’s contention [as leading counsel for the Attorney-General] that the meaning of marriage should be understood by reference to a particular point in time in the past . . .<br />
--- <i>Kevin and Jennifer</i> (2003) 30 Fam LR 1, 22 (Nicholson CJ, Ellis and Brown JJ)</blockquote>When the Australian Greens introduced a bill for same-sex marriage into Tasmainai's Parliament, some arguied that as the 2004 federal amendments define marriage as &quot;the union of a man and a woman to the exclusion of all others, voluntarily entered into for life&quot; there is inconsistency between federal law and the Tasmanian Bill as they regulate different, non-overlapping areas: the Commonwealth law regulates marriage between a man and a woman and the Tasmanian bill would regulate marriage between same sex couples.<br />
<br />
One could go on and on. ]]></description>
			<guid isPermaLink="false">1526@http://nottoomuch.com/pivot/</guid>
			<category>Equality in Australia</category>
			<pubDate>Wed, 18 Jun 2008 08:09:00 -0400</pubDate>
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			<title>Blocked</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1525</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1525#comm</comments>
                        <description><![CDATA[ <img src="http://nottoomuch.com/images/gav_waz.jpg" width="338" height="312" align="right" class="margined" alt="Block" />Bringing to an end a much-too-long-running storm in a teacup, Sydney radio station 2UE has agreed to apologise for vilifying homosexuals during an on-air conversation between high profile presenters John Laws and Steve Price. <br />
<br />
Radio 2UE, Mr Laws and Mr Price had appealed a 2004 NSW Administrative Decisions Tribunal finding that they vilified homosexuals during on-air exchanges as long ago as 16 June 2003 about  Gavin Atkins and Warren Sonin ('Gav' and 'Waz') who appeared on first series of <i>The Block</i>, a 'reality' show about home restoration. The complaint was brought not by Atkins and Sonin (who have more intersting things to do, I daresay), but by activist Gary Burns. Burns failed with the Australian Broadcasting Authority and the acting president of the NSW Anti-Discrimination Board rejected his complaint because it &quot;lacked substance&quot;. But he eventually succeeded in the Administrative Decisions Tribunal.<br />
<br />
2UE and Mr Burns, agreed to settle out of court, two days before the tribunal was due to hear 2UE's appeal. As well as Mr Price making an on-air apology, and a written apology to be printed in The Sydney Morning Herald, 2UE has agreed to make a $10,000 donation to the HIV-AIDS charity the Bobby Goldsmith Foundation and promote the foundation with community service advertisements. Mr Burns said today's result was a win for the gay community. &quot;All I wanted was an apology and now I've got it.&quot; Graham Mott, group general manager of Fairfax Radio, the parent company of 2UE, said it was time the matter was settled. <br />
<br />
The Tribunal found Price and Laws in breach of ss.49ZT(1) of the <i>Anti-Discrimination Act 1977</i> and ordered an apology on the air and in the newspapers.<blockquote><i>Anti discrimination Act 1977</i><br />
<br />
<b>49ZT Homosexual vilification unlawful</b><br />
(1) It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the homosexuality of the person or members of the group. <br />
(2) Nothing in this section renders unlawful: (a) a fair report of a public act referred to in subsection (1), or  (b) a communication or the distribution or dissemination of any matter on an occasion that would be subject to a defence of absolute privilege (whether under the <i>Defamation Act 2005</i> or otherwise) in proceedings for defamation, or (c) a public act, done reasonably and in good faith, for academic, artistic, religious instruction, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter.</blockquote><img src="http://nottoomuch.com/images/waz_gav.jpg" width="334" height="241" align="left" class="margined" alt="Block" />But, as David Marr <a target="_blank" href="http://www.smh.com.au/news/Opinion/A-saga-of-jocks-radio-and-yfront/2005/02/18/1108709431867.html">asked</a> in the <i>SMH</i> (19 Feb 05), &quot;Maybe Gary Burns and the tribunal expect gay men and women to applaud the result. But how could poofters welcome such 'limits on what can be said' while still claiming the right to their own free, vigorous and at times insulting speech - not least in the big [Mardi Gras] parade in a fortnight's time?&quot;<br />
<br />
Marr had a point.<br />
<br />
&quot;Under attack here is the right of all citizens to hear Steve Price and John Laws make idiots of themselves on air. Sure, a few homophobes as silly as Price were coaxed out of the woodwork, but all his rant--and Laws's lame jokes--really did that morning in June 2003 was incite severe ridicule of Price and Laws. Gav and Waz took it on the chin. So did Channel Nine and <i>The Block</i>, happy to surf on the little controversy it caused. The gay press was angry. Broadsheets commented gravely on the issues raised. There was debate on the airwaves. Nothing more might have been heard of it except that when gay activist Gary Burns heard the broadcast he was, he says, 'physically ill'&quot;.<br />
<br />
Meanwhile, the whole affair has done Gavin Atkins and Warren Sonin no harm. They <a target="_blank"  href="http://www.smh.com.au/news/home-lifestyle/im-on-the-top-of-the-world/2006/03/28/1143441153188.html">launched</a> new careers in home decoration, complete with their own flourishing business <a target="_blank" href="http://www.designerboys.com.au">Designer Boys</a>. ]]></description>
			<guid isPermaLink="false">1525@http://nottoomuch.com/pivot/</guid>
			<category>Equality in Australia</category>
			<pubDate>Tue, 17 Jun 2008 08:34:00 -0400</pubDate>
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			<title>In a straight line</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1524</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1524#comm</comments>
                        <description><![CDATA[ <table><tr><td valign="top"><img src="http://nottoomuch.com/images/youngmodern.jpg" width="227" height="227" class="margined" alt="Young Modern" /></td><td valign="top">I'm not a great rock fan; trouble is, I have to listen to too much I don't like before I find something I do like. But &quot;Straight Lines&quot; from <a target="_blank" href="http://www.chairpage.com">Silverchair</a>'s album <i>Young Modern</i> grabbed me last year.<br />
<br />
Last night, at the <a target="_blank" href="http://www.apra.com.au">APRA</a> (Australasian Performing Right Association) awards, <i>Straight Lines</i> was written by Daniel Johns, was named Song of the Year. Straight Lines also was also named the Most Played Australian Work, and Johns was named Songwriter of the Year, making him the first artist to win the award three times.<br />
<br />
As well as reaching No. 1, the song also won an ARIA for single of the year, and was recognised as the highest selling single at last year's ARIA awards.<br />
<br />
The APRA Awards annually celebrate the achievements of Australian composers and songwriters.</td></tr></table><table cellpadding="10"><tr><td align="left" valign="top">Breathing from a hole in my lung<br />I had no one<br />But faces in front of me<br />Racing through the void in my head<br />To find traces of a good luck academy<br /><br />Sparks ignite and trade them for thought<br />About no one<br />And nothing in particular<br />Washed the sickened socket and drove<br />Resent nothing<br />There's good will inside of me<br /><br />Wake me up lower the fever<br />Walking in a straight line<br />Set me on fire in the evening<br />Everything will be fine<br />Waking up strong in the morning<br />Walking in a straight line<br />Lately I'm a desperate believer<br />But walking in a straight line<br /><br />Something I will never forget<br />I felt desperate<br />And stuck to the marrow<br />Invisible to everyone else<br />I'm a sex change<br />And a damsel with no heroine</td><td valign="top" align="left">Wake me up lower the fever<br />Walking in a straight line<br />Set me on fire in the evening<br />Everything will be fine<br />Waking up strong in the morning<br />Walking in a straight line<br />Lately I'm a desperate believer<br />But walking in a straight line<br /><br />I don't need no time to say<br />There's no changing yesterday<br />If we keep talking and<br />I keep walking in straight lines<br /><br />Wake me up lower the fever<br />Walking in a straight line<br />Set me on fire in the evening<br />Everything will be fine<br />Waking up strong in the morning<br />Walking in a straight line<br />Lately I'm a desperate believer<br />But walking in a straight line<br />&copy; Daniel Johns 2007</td></tr></table> ]]></description>
			<guid isPermaLink="false">1524@http://nottoomuch.com/pivot/</guid>
			<category>Music</category>
			<pubDate>Tue, 17 Jun 2008 05:19:00 -0400</pubDate>
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			<title>AUS and KOR for RSA 2010</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1523</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1523#comm</comments>
                        <description><![CDATA[ Round 1 of the <a target="_blank" href="http://www.fifa.com/worldcup/">Word Cup</a> qualifiers conclude with many games in June. I am watching Australia and South Korea.<br />
<br />
<table><tr><td valign="top"><b>Asia Group 3</b><br />The two Koreas are set to qualify.<br /><br />06 Feb 08 Jordan 0 : North Korea 1<br />06 Feb 08 South Korea 4 : Turkmenistan 0<br />26 Mar 08 Turkmenistan 0 : Jordan 2<br />26 Mar 08 North Korea 0 : South Korea 0<br />31 May 08 South Korea 2: Jordan 2<br />02 Jun 08 Turkmenistan 0 : North Korea 0<br />07 Jun 08 North Korea 1 : Turkmenistan 0<br />07 Jun 08 Jordan 0 : South Korea 1<br />14 Jun 08 North Korea 2 : Jordan 0<br />14 Jun 08 Turkmenistan 1 : South Korea 3<br />22 Jun 08 Jordan v. Turkmenistan<br />22 Jun 08 South Korea v. North Korea</td><td width="75">&nbsp;</td><td valign="top"><b>Asia Group 1</b><br />Australia, 1-0 losers to Iraq<br />in the previous match a week<br />ago, bounced back with a 3-1<br />thrashing of Qatar to claim first place.<br />Iraq is likely to be the other qualifier. <br /><br />06 Feb 08 Iraq 1 : China 1<br />06 Feb 08 Australia 3 : Qatar 1<br />26 Mar 08 China 0 : Australia 0<br />26 Mar 08 Qatar 2 : Iraq 0<br />01 Jun 08 Australia 1 : Iraq 0<br />02 Jun 08 Qatar 0 : China 0<br />07 Jun 08 Iraq 1 : Australia 0<br />07 Jun 08 China 0 : Qatar 1<br />14 Jun 08 China 1 : Iraq 2<br />14 Jun 08 Qatar 1 : Australia 3<br />22 Jun 08 Iraq v. Qatar<br />22 Jun 08 Australia v. China PR</td></tr></table> ]]></description>
			<guid isPermaLink="false">1523@http://nottoomuch.com/pivot/</guid>
			<category>Notes and nonsense</category>
			<pubDate>Sun, 15 Jun 2008 10:35:00 -0400</pubDate>
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			<title>Justice 5 : Brutality 4</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1522</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1522#comm</comments>
                        <description><![CDATA[ I hope you will forgive me, gentle reader, if I yet again quote the <i>International Herald Tribune</i>, which is becoming my favourite international newspaper. On the recent Supreme Court ruling on the <i>habeas corpus</i> rights of Guant&aacute;namo prisoners, its 13 June <a target="_blank" href="http://www.iht.com/articles/2008/06/13/opinion/edcourt.php">headline</a> is &quot;Justice 5, Brutality 4.&quot;<blockquote>For years, with the help of compliant Republicans and frightened Democrats in Congress, President George W. Bush has denied the protections of justice, democracy and plain human decency to the hundreds of men [among them citizens of allied countries like Australian and the UK] that he decided to label &quot;unlawful enemy combatants&quot; and throw into endless detention.</blockquote>The right of <i>habeas corpus</i> is enshrined in the US Constitution and cannot be suspended except &quot;when in cases of rebellion or invasion the public safety may require it.&quot; By a 5-4 vote, the Supreme Court has affirmed the detainees' <i>habeas corpus</i> rights, ruling that the Military Commissions Act 2006 violates the Constitution by eliminating <i>habeas corpus</i> when the requirements of the Constitution -- invasion or rebellion -- do not exist. The court ruled that the military tribunals hearing the detainees' cases are not an adequate substitute for <i>habeas</i> proceedings in a federal court. The hearings restrain protections like the right to counsel and the right to present evidence of innocence.<blockquote>Twice the Supreme Court swatted back his imperial overreaching, and twice Congress helped Bush try to open a gaping loophole in the Constitution. On Thursday, the court turned back the most recent effort to subvert justice with a stirring defense of <i>habeas corpus</i>, the right of anyone being held by the government to challenge his confinement before a judge. . . . It was a very good day for people who value freedom and abhor Bush's attempts to turn Guant&aacute;namo Bay into a constitutional-rights-free zone. . . . It was disturbing that four justices dissented from this eminently reasonable decision. . . . There is an enormous gulf between the substance and tone of the majority opinion, with its rich appreciation of the liberties that the founders wrote into the Constitution, and the what-is-all-the-fuss-about dissent. It is sobering to think that <i>habeas</i> hangs by a single vote in the Supreme Court of the United States. The ruling is a major victory for civil liberties--but a timely reminder of how fragile they are.</blockquote>Australia's liberties are even more fragile, and largely unprotected by our constitution. We are endangered when, as did John Howard, our government decides to follow in the footsteps of a United States commanded by a imperialist fool. Australia's <i>Anti-Terrorism Act 2005</i> places limits our habeas corpus rights, for example.<br />
<br />
<i>Habeas corpus</i> (Latin: [We command] that you have the body) is the name of a legal process through which a person can seek relief from unlawful detention of themselves or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action. It has its origins in C14th England but was formalised with the <i>Habeas Corpus Act 1679</i>.<br />
<br />
That Barack Obama <a target="_blank" href="http://www.iht.com/articles/2008/06/13/america/reax.php">supported</a> the Supreme Court decision, while John McCain expressed &quot;concerns&quot;, shows just exactly why American should vote for Obama in November.<br />
<br />
Obama issued a statement calling the decision &quot;a rejection of the Bush administration's attempt to create a legal black hole at Guant&aacute;namo&quot; that he said was &quot;yet another failed policy supported by John McCain.&quot; &quot;This is an important step,&quot; he said, &quot;toward re-establishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. Our courts have employed <i>habeas corpus</i> with rigor and fairness for more than two centuries, and we must continue to do so as we defend the freedom that violent extremists seek to destroy.&quot; Obama voted against the Military Commissions Act &quot;because its sloppiness would inevitably lead to the court, once again, rejecting the administration's extreme legal position.&quot;<br />
<br />
McCain was one of among the chief architects of the Military Commissions Act of 2006, which denied detainees a right to challenge their status in civilian courts. Although he pressed the administration to ensure legal protection against torture, he also argued that the status-review tribunals gave detainees adequate rights to challenge their detention, an argument that the court has rejected. ]]></description>
			<guid isPermaLink="false">1522@http://nottoomuch.com/pivot/</guid>
			<category>Notes and nonsense</category>
			<pubDate>Sun, 15 Jun 2008 07:37:00 -0400</pubDate>
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			<title>An eloquent exit</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1521</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1521#comm</comments>
                        <description><![CDATA[ American politicians do oratory better than Australians. Whatever one thinks of Hillary Clinton's views, her concession speech exiting the primary contest was a finely crafted piece of wordsmithing. Senator Obama 's speechmaking is rarely other than eloquent. <br />
<br />
Sadly, Australian politicians rarely aspire to fine words and Australians don't often care to listen. (Kevin Rudd's <a target="_blank" href="http://www.aph.gov.au/house/Rudd_Speech.pdf">apology</a> to the Stolen Generations was a notable exception.)<br />
<br />
In the 8 June edition of <i>HT</i>, I counted <a target="_blank" href="http://www.iht.com/articles/2008/06/08/america/08exit.php">one</a>, <a target="_blank" href="http://www.iht.com/articles/2008/06/08/america/08dems.php">two</a>, <a target="_blank" href="http://www.iht.com/articles/2008/06/08/america/08clinton.php">three</a>, <a target="_blank" href="http://www.iht.com/articles/2008/06/08/america/09legacy.php">four</a>, <a target="_blank" href="http://www.iht.com/articles/2008/06/08/america/letter.php">five</a>, <a target="_blank" href="http://www.iht.com/articles/2008/06/08/opinion/edowd.php">six</a> substantial articles based on Senator Clinton's withdrawal from the Democratic presidential nomination contest.<br />
<br />
<a target="_blank" href="http://www.iht.com/articles/2008/06/08/america/09legacy.php">John M. Broder and Robin Toner</a><blockquote>[T]hrough a series of blunders and the appearance of a once-in-a-lifetime opponent, she saw the prize slip through her grasp despite a valiant personal effort that lasted through the final contests in South Dakota and Montana. Both Clintons often seemed out of touch with the political times--cautious when they should have been bold, negative when they should have been inspirational. Exquisitely attuned to the political winds in 1992, they watched Obama almost effortlessly ride the wave in 2008.</blockquote><a target="_blank" href="http://www.iht.com/articles/2008/06/08/america/letter.php">Albert R. Hunt</a><blockquote>Hillary Clinton didn't lose the Democratic presidential nomination because she is a woman, and gender no longer is a big deal in American elections. There are two basic reasons the most formidable front-runner in contemporary presidential politics failed: Barack Obama is a sensational candidate who assembled a crack campaign team, whose campaign out-thought and out-strategized Clinton at every turn; and Hillary Clinton, in the most important venture of her life, picked the wrong people and adopted the wrong strategy.</blockquote><a target="_blank" href="http://www.iht.com/articles/2008/06/08/opinion/edowd.php">Maureen Dowd</a><blockquote>Hillary has brought back that old feminist religion, at least for now. She should not have pitted the women against the men. She did it to her detriment within her own campaign . . . And Hillary did it to Obama's detriment with her female fan base, stirring up such fury that some women are still vowing to jump to John McCain, even if it means voting against their self-interest. She should not have repeated the mistake she made after her health-care plan failed. Instead of simply admitting her own mistakes in judgment, she played the victim and blamed sexism. . . . She didn't lose because she was a woman. She didn't lose because America isn't ready for a woman as president. She lost because of her own--and her husband's and Mark Penn's--fatal missteps.</blockquote> ]]></description>
			<guid isPermaLink="false">1521@http://nottoomuch.com/pivot/</guid>
			<category>Notes and nonsense</category>
			<pubDate>Sun, 15 Jun 2008 02:30:00 -0400</pubDate>
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			<title>The biblical texts in all their richness</title>
			<link>http://nottoomuch.com/pivot/entry.php?id=1520</link>
			<comments>http://nottoomuch.com/pivot/entry.php?id=1520#comm</comments>
                        <description><![CDATA[ A tendency to read the Bible through the lens of &quot;fundamentalism&quot; threatens to undermine Catholics' understanding of Scripture, the Vatican says in the <a target="_blank" href="http://www.vatican.va/roman_curia/synod/documents/rc_synod_doc_20080511_instrlabor-xii-assembly_en.html"><i>Instrumentum laboris</i></a> (working document) for the Twelfth Ordinary General Assembly of the Synod of Bishops, 5-26 October on the theme: &quot;The Word of God in the Life and the Mission of the Church&quot;.<br />
<br />
The 86-page document <a target="_blank" href="http://212.77.1.245/news_services/press/vis/dinamiche/c1_en.htm">released</a> Thursday emphasizes the need to increase Catholics' knowledge and understanding of Scripture. &quot;Fundamentalism takes refuge in literalism and refuses to take into consideration the historical dimension of biblical revelation,&quot; the document states. &quot;This kind of interpretation is winning more and more adherents . . . even among Catholics,&quot; the authors add, quoting an earlier Vatican document. &quot;It demands an unshakable adherence to rigid doctrinal points of view and imposes, as the only source of teaching for Christian life and salvation, a reading of the Bible which rejects all questioning and any kind of critical research.&quot;<br />
<br />
Fundamentalism in its &quot;extreme form&quot; exists in &quot;the sects,&quot; the document states--&quot;marginal&quot; Protestant churches that do not participate in dialogue with Rome.<br />
<br />
This affirms the stance taken by Pontifical Biblical Commission in <a target="_blank" href="http://www.ewtn.com/library/CURIA/PBCINTER.htm"><i>The Interpretation of the Bible in the Church</i></a> in 1993. The Commission began its document with a clear and succinct overview of &quot;methods and approaches&quot; to Biblical interpretation. It was strongly critical of fundamentalist approaches to the Bible and generally supported methods of Biblical study in contemporary scholarly use. It examined &quot;hermeneutical questions&quot;, and the &quot;characteristics of Catholic interpretation&quot; and discussed interpretation and application of scripture in the life of the church.<br />
<br />
Historical-critical methods help us to understand scripture by addressing the context in which it was written and the manner of its writing and composition. The <i>meaning</i> of the text is sought. The Pontifical Biblical Commission strongly endorsed the historical-critical approach, but observed that &quot;no scientific method for the study of the Bible is fully adequate to comprehend the biblical texts in all their richness&quot;. Use of the best available suite of literary methods and methods based on tradition is to be encouraged. To these are added approaches based in human sciences and various contexts such as liberationist and feminist thought.<br />
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Yet, &quot;It is the believing community that provides a truly adequate context for interpreting canonical texts,&quot; the Commission said. &quot;In this context, faith and the Holy Spirit enrich exegesis.&quot; <br />
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The word of God, the Commission said, &quot;transcends the cultures in which it has found expression and has the capability of being spread in other cultures, in such a way as to be able to reach all human beings in the culture in which they live. This conviction springs from the Bible itself, which, right from the book of Genesis, adopts an universalist stance&quot;. ]]></description>
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			<category>Theology and the Spirit</category>
			<pubDate>Sat, 14 Jun 2008 14:51:00 -0400</pubDate>
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