Welcome back to the "Liberty Insider." 00:00:07.58\00:00:09.28 Before the break with Grace Mackintosh, 00:00:09.31\00:00:13.00 a lawyer and religious liberty leader for the Canadian church- 00:00:13.03\00:00:17.38 I was talking with you Grace 00:00:17.41\00:00:18.68 about the recent Supreme Court cases 00:00:18.71\00:00:21.87 in particular their decision 00:00:21.90\00:00:23.84 in the defensive marriage act, putting it aside. 00:00:23.87\00:00:26.72 But there was another fairly similar well not similar 00:00:26.75\00:00:30.55 but along the same track they set aside 00:00:30.58\00:00:34.17 or really agreed with the lower court that it set aside 00:00:34.20\00:00:38.56 a California initiative called "Proposition 8". 00:00:38.59\00:00:40.96 Yes. And I know you've been following that. 00:00:40.99\00:00:43.29 How would you describe for our viewers. 00:00:43.32\00:00:45.55 What "Proposition 8" was all about. 00:00:45.58\00:00:48.01 Well, "Proposition 8" is basically 00:00:48.04\00:00:52.40 refusing accept the religious definition of marriage 00:00:52.43\00:00:55.54 and having that imposed on the state. 00:00:55.57\00:00:58.17 And agreeing to much more secular definition of marriage 00:00:58.20\00:01:02.30 which would allow same sex individuals to be married 00:01:02.33\00:01:06.87 and the state would recognize this relationship as dependant. 00:01:06.90\00:01:13.36 And so benefits with respective employment 00:01:13.39\00:01:16.93 and insurance you know could that follow. 00:01:16.96\00:01:19.09 That will follow. Yeah. 00:01:19.12\00:01:21.60 But "Proposition 8" itself was an attempt by people 00:01:21.63\00:01:24.89 with a biblical view of marriage to define marriage by the state. 00:01:24.92\00:01:32.30 And impose that through legislation. 00:01:32.33\00:01:34.69 Yes, so it was not that different DOMA. 00:01:34.72\00:01:36.46 DOMA was on the federal level 00:01:36.49\00:01:39.11 and "Proposition 8" was in California on the state level. 00:01:39.14\00:01:43.23 And so the Supreme Court, as I understand, 00:01:43.26\00:01:47.05 it basically agreed with the lower court that invalidated 00:01:47.08\00:01:50.74 that saying I think they had no standing. 00:01:50.77\00:01:52.49 They didn't have a legal right to even bring that forward. 00:01:52.52\00:01:55.79 So the net effect of both of these actions 00:01:55.82\00:01:58.27 is to pretty much clear the way for the state 00:01:58.30\00:02:02.16 to advance gay marriages, 00:02:02.19\00:02:03.48 you say, with all of the privileges rights 00:02:03.51\00:02:06.16 that come with that. Right. 00:02:06.19\00:02:08.66 It's not really good morally, but it hasn't changed. 00:02:08.69\00:02:12.95 It seems to me the legal landscape much 00:02:12.98\00:02:15.18 because it's still in the civil sphere. 00:02:15.21\00:02:19.22 You know, the law administers it 00:02:19.25\00:02:20.37 without reference to religious prerogatives. 00:02:20.40\00:02:24.01 But what you know we were talking, 00:02:24.04\00:02:25.54 we've talked about this many times 00:02:25.57\00:02:27.36 and what do you think will happen 00:02:27.39\00:02:30.08 from the perspective of people of faith. 00:02:30.11\00:02:31.70 What are we going to see is it just the gay lifestyle 00:02:31.73\00:02:36.56 and marriage and so on that's going to be empowered 00:02:36.59\00:02:38.80 or is there a blowback. 00:02:38.83\00:02:39.86 Is it likely to inhibit Christian practice? 00:02:39.89\00:02:44.95 I believe it will create a context 00:02:44.98\00:02:47.41 within which a great deal of conflict takes place. 00:02:47.44\00:02:51.13 You have a worldview that is presented 00:02:51.16\00:02:57.14 by the state which is in direct conflict 00:02:57.17\00:03:00.41 with the teachings of the church. 00:03:00.44\00:03:02.55 And I'll just give you an example of 00:03:02.58\00:03:06.35 how that conflict can take place. 00:03:06.38\00:03:08.65 There is a story of the catholic charities. All right. 00:03:08.68\00:03:11.64 "The service arm of the Roman Catholic Church 00:03:11.67\00:03:14.10 glows its adoption program in Massachusetts 00:03:14.13\00:03:17.36 not because of the states gay marriage law, 00:03:17.39\00:03:19.34 but because of the gay anti-discrimination law 00:03:19.37\00:03:22.47 passed many years earlier. 00:03:22.50\00:03:23.92 In fact the charity had voluntarily placed 00:03:23.95\00:03:26.84 older foster children in gay and lesbian households, 00:03:26.87\00:03:29.39 among those most willing to take hard to place children. 00:03:29.42\00:03:32.83 Until the church hierarchy was alerted 00:03:32.86\00:03:35.62 and demanded that adoptions conform 00:03:35.65\00:03:37.76 to the churches religious teaching, 00:03:37.79\00:03:39.32 which was in conflict with the state law. 00:03:39.35\00:03:42.27 The "Proposition 8" campaign funded in large part by Mormons 00:03:42.30\00:03:45.89 who were urged to do so by their church 00:03:45.92\00:03:47.95 does not mention that the Mormon churches 00:03:47.98\00:03:50.39 adoption arm in Massachusetts is still operating 00:03:50.42\00:03:53.71 even though it does not place children 00:03:53.74\00:03:55.85 and gay and lesbian households." 00:03:55.88\00:03:57.72 And in Canada this is the rollout. 00:03:57.75\00:04:01.76 You know, when the state takes this position. 00:04:01.79\00:04:05.09 So you have a bed in breakfast. 00:04:05.12\00:04:07.07 You're a Christian, you don't want to put same sex individuals 00:04:07.10\00:04:11.57 together in a room together. 00:04:11.60\00:04:12.64 You don't want to put people 00:04:12.67\00:04:14.19 who aren't married together in a room. 00:04:14.22\00:04:16.09 But your practices and your teachings 00:04:16.12\00:04:20.43 are now in conflict with law. 00:04:20.46\00:04:22.99 And you have to choose then you're going to run the bed 00:04:23.02\00:04:25.26 and breakfast or not. 00:04:25.29\00:04:26.61 And we had a case in Ontario, Brockey 00:04:26.64\00:04:29.66 and he ran a publishing company. 00:04:29.69\00:04:31.17 And he was approached to publish- 00:04:31.20\00:04:32.70 I remember that. 00:04:32.73\00:04:34.06 Documentation or materials for a gay pride. 00:04:34.09\00:04:38.46 I don't know if it was a parade 00:04:38.49\00:04:39.94 but it was for something that they were planning 00:04:39.97\00:04:41.80 and he did not want to do that. 00:04:41.83\00:04:43.42 Now his business practice is in conflict with the state law, 00:04:43.45\00:04:50.48 and provincial law the federal law. 00:04:50.51\00:04:52.49 And it seems to me on some of these things 00:04:52.52\00:04:54.21 there's a pro and a con. 00:04:54.24\00:04:55.88 The person of faith has every right 00:04:55.91\00:04:58.06 to stand on their faith principles. 00:04:58.09\00:05:00.82 And the state has a reasonable, 00:05:00.85\00:05:02.75 in fact they have an obligation to administer 00:05:02.78\00:05:05.24 equally in all cases laws that are agreed by the state. 00:05:05.27\00:05:10.11 And the best I can say is that some of these situations 00:05:10.14\00:05:13.29 where a person of faith 00:05:13.32\00:05:15.47 has to stand on their faith and expect troubles. 00:05:15.50\00:05:20.85 I'm not arguing against this totally, 00:05:20.88\00:05:22.64 but it brings up the view 00:05:22.67\00:05:23.99 that I have long believed 00:05:24.02\00:05:25.47 that there are certain situations 00:05:25.50\00:05:28.86 inherent in taking a faith commitment 00:05:28.89\00:05:31.13 where there going to be difficulties. 00:05:31.16\00:05:32.25 Jesus said, "All who live a Godly life 00:05:32.28\00:05:35.07 will suffer persecution." 00:05:35.10\00:05:37.20 And particularly in the United States 00:05:37.23\00:05:38.90 where there has been this conflation of godliness 00:05:38.93\00:05:41.91 and the role of a Godly state or a moral state. 00:05:41.94\00:05:47.94 And people think that every difficulty 00:05:47.97\00:05:50.38 should be swept away before them. 00:05:50.41\00:05:52.70 We can't do that as Christians in every case. 00:05:52.73\00:05:55.54 And we need to recognize there are dark clouds ahead 00:05:55.57\00:05:59.74 where you going to have stand on your faith 00:05:59.77\00:06:01.90 and take some consequences. 00:06:01.93\00:06:03.88 And it's certainly not what we find in the Bible 00:06:03.91\00:06:06.54 from beginning to end. Absolutely. 00:06:06.57\00:06:09.13 It was a trouble that faced people of faith. 00:06:09.16\00:06:12.43 But when a state takes a position 00:06:12.46\00:06:15.01 and is in direct conflict with the teachings of the church 00:06:15.04\00:06:17.56 you are constantly bumping up against that. 00:06:17.59\00:06:20.04 I think there's some rocky roads ahead, rocky road, 00:06:20.07\00:06:24.28 rocky situation lot of bumps using that figure. 00:06:24.31\00:06:27.68 In Canada, a lot of the bumps end up 00:06:27.71\00:06:31.00 happening in within the context of education. 00:06:31.03\00:06:34.69 So for example we have anti-bullying legislation 00:06:34.72\00:06:39.55 that is now being voted 00:06:39.58\00:06:42.88 in throughout the different provinces. 00:06:42.91\00:06:44.88 And the anti-bullying legislation 00:06:44.91\00:06:48.68 they all have a section in it 00:06:48.71\00:06:50.60 that deals with the LGBT community 00:06:50.63\00:06:53.22 which is lesbian, gay, bisexual, transvestite community. 00:06:53.25\00:06:57.11 And it includes, you know, 00:06:57.14\00:06:58.58 you're not allowed to bully that group. 00:06:58.61\00:07:00.31 But you have to show that you're proactively protecting them. 00:07:00.34\00:07:04.38 So your school has to have clubs 00:07:04.41\00:07:08.46 for a gays to support them and so on. 00:07:08.49\00:07:11.08 And these bumps up against private schools 00:07:11.11\00:07:14.19 who are Christian and it's a tremendous concern 00:07:14.22\00:07:17.89 and, you know, who knows when the conflict will arise. 00:07:17.92\00:07:21.49 But we're expecting it. 00:07:21.52\00:07:22.89 Some of these things are not so much unintended 00:07:22.92\00:07:24.94 consequences, but they're unfortunate consequences 00:07:24.97\00:07:28.90 to reasonable initial assumption. 00:07:28.93\00:07:31.84 Like bullying is a problem. 00:07:31.87\00:07:32.90 It has been a problem in the schools. 00:07:32.93\00:07:34.03 I can remember when I was a kid. 00:07:34.06\00:07:35.35 Yes, are you wanting to be against bullying? No. 00:07:35.38\00:07:38.10 So we would like to wipeout bullying, 00:07:38.13\00:07:39.87 but given that then there's an initiative against it 00:07:39.90\00:07:42.15 at the same time there is this rise 00:07:42.18\00:07:43.70 of rights for the gay community and they're able to- 00:07:43.73\00:07:46.86 To promote the lifestyle. 00:07:46.89\00:07:47.92 To use this, to create some difficulties for people 00:07:47.95\00:07:52.52 that have a moral position. 00:07:52.55\00:07:55.00 It's quite some years ago now since 00:07:55.03\00:07:56.73 when I started on Liberty Magazine 00:07:56.76\00:07:58.37 the hate crimes legislation was in emphasis same thing. 00:07:58.40\00:08:02.36 Of course there are hate crimes. 00:08:02.39\00:08:03.42 I was always troubled that there was an extraordinary 00:08:03.45\00:08:06.34 penalty or something as a hate crime 00:08:06.37\00:08:08.01 where it seems to like murder. 00:08:08.04\00:08:09.40 It's a hate crime inherently. So you'd- at a wider to it. 00:08:09.43\00:08:13.16 But hate crimes easily can be turned against people of faith 00:08:13.19\00:08:17.91 that speak things that non faith person 00:08:17.94\00:08:21.16 find inherently hateful 00:08:21.19\00:08:22.46 because it questions their moral viewpoint. 00:08:22.49\00:08:24.93 So it can easily turn into restriction of your ability 00:08:24.96\00:08:27.95 to speak morally do any situation. 00:08:27.98\00:08:30.96 And of course, there are frontrunners 00:08:30.99\00:08:32.84 that like that church that were inclined 00:08:32.87\00:08:36.57 to go to military funerals and shriek hateful things 00:08:36.60\00:08:39.79 about gays in the military and so on. 00:08:39.82\00:08:41.92 Those just give ammunition for people 00:08:41.95\00:08:43.95 and would accuse people of faith of having a view 00:08:43.98\00:08:47.01 that's prejudiced against these developing social norms. 00:08:47.04\00:08:52.70 So, you know, these court cases have clearly 00:08:52.73\00:08:54.91 put us on notice where we're going, 00:08:54.94\00:08:58.57 even though I think there is a reasonable legal logic 00:08:58.60\00:09:00.92 of what happened. 00:09:00.95\00:09:01.98 It's not totally bizarre, 00:09:02.01\00:09:04.65 but it's progressively taking us downer track 00:09:04.68\00:09:07.38 to conflict between people of faith 00:09:07.41\00:09:09.23 and perhaps even their church organization 00:09:09.26\00:09:11.37 that are in the state. 00:09:11.40\00:09:12.81 And especially there is conflict corporately speaking 00:09:12.84\00:09:17.11 because we're used to being protected 00:09:17.14\00:09:22.89 and indeed there are protections, 00:09:22.92\00:09:25.50 you know, exemptions for the corporate church structure. 00:09:25.53\00:09:29.26 In these situations but- 00:09:29.29\00:09:31.48 So you should think that church is more vulnerable? 00:09:31.51\00:09:33.65 I think the church is becoming more vulnerable. 00:09:33.68\00:09:35.80 I think that there is a backlash. 00:09:35.83\00:09:38.55 I think people and the courts are asking 00:09:38.58\00:09:41.41 or why should churches be exempt from the laws of the land 00:09:41.44\00:09:46.80 when everybody else is required with respect to discrimination 00:09:46.83\00:09:51.78 and to certain regulations or human rights codes. 00:09:51.81\00:09:54.95 Why should the church be exempt from that 00:09:54.98\00:09:56.91 or their corporate entities? 00:09:56.94\00:09:59.31 And it's a fair question and I think that it's a discussion 00:09:59.34\00:10:04.41 that its taking place in the courts 00:10:04.44\00:10:06.47 and at the legislative level now. 00:10:06.50\00:10:08.20 In ancient Greece, much weight was given 00:10:12.04\00:10:15.68 to what the oracle the different temples 00:10:15.71\00:10:18.12 would say in a given situation. 00:10:18.15\00:10:20.11 It was just not the common people 00:10:20.14\00:10:21.64 even the rulers would go to hear the oracles pronouncement. 00:10:21.67\00:10:25.76 In our age it seems that in the Untied States at least 00:10:25.79\00:10:29.33 that when the Supreme Court speaks 00:10:29.36\00:10:31.79 we listen to them as though there is an oracle on high. 00:10:31.82\00:10:34.96 Of course, it is an important institution 00:10:34.99\00:10:37.48 and in the three way balance of powers 00:10:37.51\00:10:40.08 between the executive, the legislative 00:10:40.11\00:10:42.13 and the judicial it's very important for good governance. 00:10:42.16\00:10:45.69 But when we are talking about something 00:10:45.72\00:10:47.40 like the defensive marriage act 00:10:47.43\00:10:49.36 and how the court treated it, 00:10:49.39\00:10:51.22 while the court's opinion is very important 00:10:51.25\00:10:53.82 I would look equally at what's going on in society, 00:10:53.85\00:10:57.29 and society is indeed changing 00:10:57.32\00:10:59.76 and Christians as they look at it 00:10:59.79\00:11:02.15 with clear undistorted moral vision 00:11:02.18\00:11:07.11 should realize the need is not legislative activism 00:11:07.14\00:11:10.87 or rebellion against the civil enactments. 00:11:10.90\00:11:13.83 It is what is needed is clear witness 00:11:13.86\00:11:17.37 and preaching of the grace of God 00:11:17.40\00:11:20.81 and the redemptive power of God in any situation 00:11:20.84\00:11:23.94 and the ability of any society to come back to God. 00:11:23.97\00:11:28.70 For Liberty Insider this is Lincoln Steed. 00:11:28.73\00:11:31.95