Saturday, March 24, 2012

Gays Have No "Right" To Marriage In Europe

The push for "gay rights" suffered a significant setback yesterday in a very surprising venue. The European Court of Human Rights ruled again that gays do not have a "right" to marriage, nor, when in a civil union, the same rights as a heterosexual married couple. This from the Daily Mail:

Same-sex marriages are not a human right, European judges have ruled.

Their decision shreds the claim by ministers that gay marriage is a universal human right and that same-sex couples have a right to marry because their mutual commitment is just as strong as that of husbands and wives.

The ruling was made by judges of the European Court of Human Rights in Strasbourg following a case involving a lesbian couple in a civil partnership who complained the French courts would not allow them to adopt a child as a couple. . . .

[T]he Strasbourg judges ruled that because the French couple were civil partners, they did not have the rights of married people, who in France have the sole right to adopt a child as a couple.

The judges added that couples who are not married do not enjoy the same status as those who are. They declared: ‘The European Convention on Human Rights does not require member states’ governments to grant same-sex couples access to marriage.’

In the 2010 case, Schalk and Kopf v. Autriche, the EUCHR first held that there was no European right to homosexual marriage. The reasoning of the Court stands in direct contrast to Perry v. Schwarzenegger, where an activist gay federal district Court judge overrode the will of 7 million Californians to write into our Constitution a new civil right to homosexual marriage. In the Schalk case, the EUCHR held that there was no textual right to homosexual marriage in the European Convention on Human Rights, and thus it was an issue of social policy to be left to the individual nations. That is precisely what should happen with the issue of gay marriage in the U.S.

It should also be noted that this presents an interesting conundrum for the activist wing of the Supreme Court. In Lawrence v. Summers, the Court, in holding unconstitutional state laws that outlaw homosexual sodomy, relied in part on EUCHR decisions holding likewise. The left wing Court members will have to do some legal gymnastics to if they want now to ignore the EUCHR decision on gay marriage when the issue finally makes it to the Supreme Court.

The issue of "gay marriage" is also of particular import today in the UK, where the "conservative" PM David Cameron plans to foist a right to gay marriage on the people of his nation, a very sizable portion of whom are deeply opposed. Cameron promised that the new mandate would allow Britain's churches to refuse to conduct homosexual marriage ceremonies, but the EUCHR also addressed that in the case yesterday:

The ruling also says that if gay couples are allowed to marry, any church that offers weddings will be guilty of discrimination if it declines to marry same-sex couples.

So we wait to see whether Cameron continues ahead with his plans to push gay marriage down the throat of the people of his nation regardless of this ruling. If he does, he needs to challenged for his position in the Tory party. In fact, he should have been challenged over his refusal to allow the people of the UK a referendum on EU membership after promising it during the election campaign. He is a spineless left-wing snake with about the same commitment to conservative values as Obama.

At any rate, until today, I thought that the lefties, particularly the Euro-leftes, had never run into a new claimed "right" that they wouldn't embrace, regardless of the plain language of their Constitution. Make that doubly true for "gay rights." But life is nothing if not surprising.

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