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9 August 2003  

Of Rites and Rights

In the context of the gay marriage debate, David Janes has a post disagreeing with Sari Stein on the nature of rights. Sari says "Equality under the law is a basic right guaranteed in the Canadian Charter of Rights" and that majority votes by the current crop of politicians don't change that. David says the Charter simply reflects "the values of Canadians at this particular time" and should not be allowed to constrain legislation when those values change.

I agree with Sari. Inherent, natural rights are at the bedrock of truly free countries. That there are certain things politicians have no say in, that are so fundamental that a 99% majority holds no weight in the opposite direction — this is essential to civilized society. A "right" means something that can't be given or taken away. There's another word for something that is held at someone else's whim: "privilege."

I'm not saying the issue of gay marriage is clear-cut, or that the Charter is perfect (far from it in the latter case). But when the idea that rights are inherent and inviolable is abandoned, a person has far more to worry about than the gay couple next door being allowed to get married. No, at that point he ought to be terrified at the realization that he has no basis on which to fight against injustices perpetrated against him, be it by a dictator or a majority.

11:33 AM |