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Divorce Politics

J'accuse : This Damn Nation

I read through Mgr Said Pullicino’s fire and brimstone sermon before the assembled judiciary and other representatives of the legal profession with the patience of a Job tried and tested. Earlier in the day I had published my initial reaction on the blog and for the benefit of those who are lucky enough not to yet have the words reverberating in their ears, I shall translate what LorSignor Said Pullicino (Their Sir – definitely not mine) said:

“Before such a clear doctrine of its Teacher (aka Jesus of Nazareth) the Church has nothing to discuss about divorce and the introduction thereof. She (the Church) must limit herself to teaching that whosoever cooperates in any way with the introduction of divorce into the laws of Malta, whosoever applies the law of divorce and whosoever makes recourse to such a law (not being the innocent party), is breaking the Law of God and therefore will be committing a grave sin (ghalhekk ikun qed jidneb b’mod gravi).”

My initial reaction was simple: The Church, being a private institution (even though we are press-ganged into its membership at a moment in life when we cannot raise much objections), is within its rights to determine the parameters of what constitute bonus points towards an eternity of roasting in hell in the egregious company of infidels. True. There are no two ways to go about that. This is no democracy – it is a Universal Catholic Top Heavy Illumination claiming that its dogmas and precepts are inspired by the Old Man in the Sky. Since the witch doctors, druids and augurers of the past, this has been an absolute unqualified condition of religious authority and it is not up to mere mortals to contradict that.

I bow my head low (as low as is politely possible) to such authority over their flock of fervent followers as I would bow my head to the authority of whatever religious leader has over his particular flock. When Said Pullicino does his pick’n’mix selection of biblical tracts and papal encyclicals in order to substantiate the conclusion that the Catholic Church reaches in this particular corner of the world, I cannot be bothered to cross-refer him to other similar collective quotations used by other denominations to reach dramatically different conclusions since I already know the retort that lies in such a battleground, and it involves diabolical citation of scriptural writings.

The Books of Our Judges

Sure. We cannot interfere in Said Pullicino’s expounding of Catholic dogma – nor can we question his absolute statement, which rules out any form of discussion with the Catholic Church on divorce. It’s their problem. “Their” being Catholics. The problem is that gathered before Said Pullicino was no ordinary flock but the representatives of our legal community (oops I almost said brotherhood) gearing up for the opening of another Forensic Year. I am told that such gathering is by invitation and does not form part of the official events of the legal fraternity so presence at such a gathering was optional.

Having said that, I do find it jarring that a symbol of the wisdom of the secular state and a group of people representing one of the main institutions that guarantee the balance of power in the land gather so forcefully before a particular confession to the point that the speaker from the pulpit could claim that “The tradition in the Church that at the beginning of the judicial year, the Judges and the Administrators come to the Altar to request the help of God, the Holy Spirit, in order that he can help them in their ministry (his words not mine) of administration of justice began in the Middle Ages”. So that’s it then? They gather for the sake of perpetuating tradition, right?

The eminent LorSignor goes on to expound the principle of illuminated decision implying that secular law is really an expression of Natural Law (the Law of God expressed by man in recognition of His Justice) and that such service as is given by administrators of justice is in order to put into effect this natural law for the COMMON GOOD. What follows is a rambling about no man being an island and then a warning of the dangers of a secular society. The cheek. The absolute gall. He WAS speaking to representatives of the state with a duty to apply the laws of that secular state when sitting at the bench.

LorSignor went on to attack the consequences of certain “secularisation” and lists the offending laws with the usual confusion of evils (divorce, abortion, homosexuals) that benefits those who have already ruled out any discussion on any one of them. Which is why he concludes the first part of the Sermon and the Rant with the unequivocal condemnation of collaborators with an eventual law on divorce to the status of “committers of grave sins”. Speaking to an assembled congregation of servants of the Constitution, he actively urges them to break the law by not performing their duty before the law.

And my reaction to that was simply: resign. Not Said Pullicino, but the judges called upon to refuse to administer the law of the land. Should they decide to do so then their position is untenable. We cannot have “conscientious objectors” sitting on our benches in court. We cannot have servants of the law subjecting their discretion to their moral values. Should a judge decide that Said Pullicino’s brand of Catholicism is also his then he is free to do. What he is not free to do is to usurp the workings of a secular state with the morals of a Church that dwells in Middle Age traditions.

The Satanic Versions

bert4j_101010What Said Pullicino fails to notice is that having judges sitting on secular courts but applying religious principles above secular law is equivalent to the final admission that this state of ours has succumbed to the Catholic Version of Sharia Law. Which is worrying. Because what will stop Said Pullicino from reviving Mosaic Law in his next Medieval Traditional Sermon next year? And what will he stop at exactly? Given the propensity to confuse adultery with divorce, and given the willingness to throw divorce, homosexual marriage and abortion in the same basket, what will stop LorSignor reminding next years’ legal beavers listening in to his rant that Leviticus 18:22 was confirmed by Paul the Tourist in 1 Corinthians 6:9 and Romans 1:28?

What was that about? I’ll tell you what that was about. Here’s Leviticus: “Thou shalt not lie with mankind, as with womankind: it is abomination.” And here’s Corinthians: “Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind, Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God.” What guarantee does Said Pullicino give the secular members of this state that homosexuality will not become his next pet inspiration and anathema? And if it will not? Why not?
strong>To’ebah (abomination)

All is not lost though and it is important to keep matters in perspective. Others have begun to react to this Medieval Speech – Here’s what just-retired Judge Philip Sciberras had to say: “I am a practising Catholic but I believe the state is obliged to regulate such situations by introducing laws. Members of the judiciary should not object to hear divorce cases because of some medieval imposition.” Michael Falzon (of the Constructor’s Association) pointed out the apparent contradictions in Roman Catholic practices in his blog on MaltaToday (“The Tribe that lost its head”, Friday 8 October) and I.M. Beck also had something to say as to the insensitivity of some arguments.

The truth of the matter is that much as we might find it interesting to try to “convince” the Church and its flock of the politically and democratically heretic nature of this latest intervention, we might as well be arguing with a gagged, blindfolded and deaf monkey. Said Pullicino told us that clearly: “the Church has nothing to discuss”. And so be it. In doing so the Church (in the guise of Said Pullicino) is also abdicating its tradition of social contribution that started in the early 1800s.

I count myself among those who argue in favour of a social role of the Church in discussions about family, social cohesion and solidarity. What I refuse to consider is the Church of indulgences, fire and brimstone, mortal sin and whatever other superstition it chooses to revive. By shifting the argument from social participation as a peer with valid experience in society to the field of supernatural abomination and fear, the Church does not only not wish to discuss but it also finds itself in a position when it stops being anybody with whom it is worth discussing. The Church has abused the supernatural before to meddle with the secular – remember the abuse of the Fear of Mortal Sin in the 60s when reading a newspaper could win you a timeshare in hell?

Kill your idols

This is a secular society at the start of the 21st century. We are proud members of a wider community that recognises basic fundamental rights as being the foundation of harmonious living in which society strives towards a common good. These include respect for the dignity of man, the right to life, the right to integrity of the person, the right to private life and to a family and the right to marriage and the founding of a family. This society believes in freedom of thought, conscience and religion and believes that we are all equal before the law, which is why it is founded on the principles of non-discrimination and recognises cultural, religious and linguistic diversity.

This society has enshrined such principles as solidarity, equality and justice in its basic tenets and now, thanks to the Charter on Fundamental Rights within the European Union, we have added an extra cushion and guarantee to these rights and principles. The preamble to the Charter states that: “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice.” The ultimate aim is a future of peace based on common values.

Given the choice between the comfort of secular law inspired by the common fundamental values of mankind and the volatile superstitions of the Catholic imposition I know where my heart lies. What I do find disappointing is the abdication of responsibilities by the majority of our political leaders. It is evident that they are biding their time – unable to really fathom which way the wind is going to blow in the end. They have been dealt quite a blow by Said Pullicino since any MP voting for the law will surely be branded a “co-operator” and public sinner – so a huge big up (well done) to Pullicino Orlando for continuing his crusade. It is not a sinful crusade. It is a crusade to grant a civil right and possibility to numerous individuals who would love a second, civil chance at marriage. No amount of Taliban-like rhetoric should prevent that right from being enacted at law and applied in the courts of our land.

Pauline Privilege

I had not heard of the Pauline Privilege until the whole ruckus began. Look it up – it is an interesting, exceptional circumstance that relates to ‘pagans’ (who incidentally don’t only live in the African bush). It is an interpretation of another of Paul the Tourist’s letters (1 Corinthians 7:10-15) and is interpreted “as allowing the dissolution of a marriage contracted between two non-baptized persons in the case that one (but not both) of the partners seeks baptism and converts to Christianity and the other partner leaves the marriage”. In that case the Church is perfectly happy to recognise the divorce for the sake of greater proselytising.

Pauline Privilege or no Pauline Privilege, we are not meant to be discussing the contradictions of the Church. The issue at stake is the secular laws and their application. There is no doubt that Said Pullicino’s faux pas has not contributed in any good way to the issue of the introduction of divorce. When I say faux pas I repeat that this is not in any way a judgement on the beliefs and interpretations of the religious institution but on its evident intent of holding the servants of the state in a moral blackmail and preventing them from performing their duty.

It is in that sense that we risk being damned as a nation. Condemned to the damnation of the imposition of the beliefs and values of the few over the laws for and by the many. It is, in its own way, another watershed in the defining of this young nation of ours.

www.akkuza.com is recovering from a savage bout of the common cold and flu.

Categories
Divorce Mediawatch

The PN Conclave

Marthese Portelli, Lawyer, Politician, Malta
Image via Wikipedia

“Ideas, Vision, Discussion” is the heading of the new Pre-Budget Document presented by the PN government. There must have been plenty of exchange of ideas, possibly a little vision and quite a vivid discussion happening at the meeting of the PN Executive Committee presided over by (PN President) Marthese Portelli (read the link and do tell me how many ideas and how much vision you can discern from the over 1,000 word interview – apart from the “jobs for Gozitans rant” and the claim to fame of multiplication of votes in favour). The executive met in the open manner of dialogue and transparency that the PN has gotten its potential voters used to. Where other parties elsewhere might hold open conferences to discuss such points of principles before the media and anybody interested, the PN must needs first get its hydra-like head together and hammer out a “common position”. We will not know exactly what the ideas, vision and discussion are all about – instead we will be presented with a single strategy.

Undoubtedly this single strategy will be built with one basic premiss in mind: VOTES. The discussion that could be prompted by such a strategy -once it is forged – is simply one based on limiting the number of votes that could be potentially alienated with a wrong step. For suggestions in this direction read Ranier Fsadni’s “Legitimising a divorce law” that already includes some calculations based on “voter alienation”. There will of course have been a number of principled positions such as those of Tonio Borg and Carm Mifsud Bonnnici who will have thundered on about the anathema of divorce to a confessional party. We will not be able to confront them with questions about the constitutional relevance of their statement and with questions about how they plan to reconcile their concept of catholic imposition with the lay state. We cannot ask members of the PN conclave whether they believe the PN should be a champion of universal rights or a champion of the catholic model of society.

The PN conclave met behind closed doors and the strategy that their archaic system of voting will forge supposedly will represent the automatic 40% of the population who already know where there vote will go come next election. The internal debate will be a “long process” in the words of an undoubtedly charming Portelli (mother, lawyer AND politican) but it will remain that for a long enough time to refine the positions. We can only count on the renegades trumping the conclave members once again. And on more anonymous voices feeding their master’s voice for the occasional doctored update. (Unless of course MaltaToday or the Indy get a longer version of these “leaks”).

At the moment all we can doat this stage of extended “discussion” is watch the smoke that comes out of the chimney… and don’t we all know that when it comes to smoke generation the PN spin gurus can turn into a mean machine.

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Divorce Politics

Breaking News: God has no vote

And now they’ve turned on the heat. It seems that just as JPO turned up somewhere in Zebbug (is it mass? is it the band club? the article does not help) he was greeted with a massive placard stating “God is against divorce”. Let’s just set aside the failure of the placard to specify whose God it is talking about exactly (not all have gone on record as being against divorce – and even YHWH has been know to give second swings at marriage in certain circumstances) and concentrate on the most basic and obvious corollary to that damn poster:

GOD HAS NO VOTE

… and we don’t seem to be seeing too many posters pointing that out either. Clear enough?

***

And since we will inevitably have to face the scripture quoting ministers of the Imposition J’accuse provides you with a handy guide to a clear interpretation of Deuteronomy 24 that incidentally deals with the question of divorce (both in the times of Moses and Jesus). In sum God is not against divorce, God never commands you to divorce but God permits you to divorce.

Deuteronomy on Divorce

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Divorce Politics

I can't believe it's a majority

A Maltatoday survey published this Sunday provides us with the eye-opening statistic that a total of 59.4% of respondents can be said to be in favour of the introduction of divorce. Yes, it’s a survey, and yes, there is the annoying matter of the “ayes” including the enigmatic “in certain cases” that stinks of busybodiness as much as a blinding no but we have a new figure to play with.

Let’s get that “in certain cases” out of the way. 18.7% of the respondents did not reply with a straightforward “Yes” when asked the question “Do you agree with the introduction of divorce for persons who have lived apart from their partner for the past four years?” but they chose an option (presumably provided by the surveyors in question) that read “in certain cases”. Is this the scientific equivalent of agreeing with divorce “as such”? If it is not a wholehearted “Yes – and get a life” then why is it being counted/totalled with the ayes rather than with the nays? My problem here is that the “in certain cases” bit smells of busybody assessments such as “only in the case of irremediable breakdown” or some bullshit of the sort.

You either have the dissolution of a civil contract or you don’t. You don’t have “in certain cases”. I believe that the part of the question that stated “for persons who have lived apart from their partners for the past four years” was enough of an all-encompassing “certain case” to be able to forego any further caveats and qualifications. The “Don’t Knows” on the other hand have been slapped onto the end of the “nays” in a reminiscence of the Great Santian Assumption. They would be a quasi-insignificant portion (3.3%) were it not for the fact that once you remove the as-suchers (18.7%) out of the equation they are basically the difference between the Ayes (40.7%) and the Nays (37.3%) . With the “Don’t knows” thrown in with the “Nays” you have an infinitesimal 0.1% difference between the Ayes and Nays. Weird innit?

Which brings us back to the “as-suchers”. They could turn out to be the deal clincher if (and I stress the if) this were something to be determined on the basis of majority vs minority – which it obviously isn’t. What this survey (and others which that will surely follow) does is turn the tables on that ridiculous assumption of “catholic Malta” that is one hell of a fallacious premise in today’s world. Bishops, PMs and other Mullahs of the Catholic Imposition are warned. Hopefully the shift to a more laique (secular) discussion will be speeded up.

I’m melting here. Is this what global warming is all about? More blogging this afternoon.

Categories
Divorce Politics

Helen Fisher on Love, Lust (and Divorce)

Just like the Water business earlier I came across this next video through serendipity. While on the TED website I could not resist the urge to search the site for “divorce” and I came across this interesting analysis by anthropologist Helen Fisher. It’s a study of romantic love, sex and attachment. Helen Fisher is interested in what goes on in the brain when we talk about love and attachment. Watch the video. Trust me.

Categories
Divorce Politics

Open Document – the Divorce Arguments

Here is the blogging equivalent of linux. In order to contribute to the multilayered discussion (even if we think that there is nothing really to discuss at a principle level) we are providing a beta version chart of the arguments that will have to be dealt with and choices that have to be made in the Divorce Debate. Please note that this is a chart – some of the beliefs mentioned in the chart are our own, not all. Although we may seem schizophrenic at times and possessed of a multiple-personality we cannot possibly be held liable for all of them at once. Feel free to suggest changes.

The Arguments

1. Constitutional (the works)

  • Majority Rule: (the belief that) introducing divorce requires some form of approval that is based on the will of the majority of the country.
    • should this be an electoral mandate (party manifesto)?
    • should this be a consultative mandate (consultative referendum)?
    • should this be a propositive mandate (divorce by public referendum)?
      • Requires constitutional change, PLPN barrier
    • can it be subjected to confirmation (abrogative referendum)?
      • already exists, no PLPN barrier
  • Minority Right: (the belief that) introducing divorce is not a matter of majority decision. Divorce should be an accessible right to the persons who want to avail themselves of this right – the majority cannot impose its will on the minority.
    • should this be by an electoral mandate (party manifesto)?
      • Time-barred (at least 2013), PLPN barrier (none of the two seems prone to include a commitment to introduce divorce as a government bill), Private Members’ Bill would not work
    • should there be a consultative/propositive measure anyway?
      • no longer useful once you accept it is right for the minority you accept the argument that the majority/minority will need not be quantified
    • can it be subjected to confirmation (abrogative referendum)?
      • it already exists, no PLPN barrier
    • Is Private Members’ Bill feasible?
      • outside the issue of mandate but raises question of duty for other parliamentarians, still forces debate
    • a majority vote of current members of Parliament should suffice
      • MPs are representatives (not delegates) and are voted to represent (The country’s constitution does not recognise political parties. How much less, then, does it recognise the electoral programmes of those political parties. Party electoral programmes have no force of law. A political party need not have a manifesto at all. – (from the Runs)) see Spiteri – Wrong Reactions after divorce shell-shock

The Values (Morality, Religion and Tradition)

  • Divorce as a personal issue
    • the right to remarry/second chance argument (see Cassar – When the trust is gone)
    • the right to reset civil status and ancillary rights beyond patchwork measures (cohabitation)
    • the right to determine one’s own lifestyle choices
    • divorce as closure (Some people are interested in divorce because they do not want to be party to something that’s no more than a legal fiction).
  • Divorce as a social curse
    • the damaging effects of divorce (and consequences)
    • the potential increase in divorce (vs separation statistics)
    • the devaluation of the married unit
  • Divorce as religious anathema
  • Myths