Polyamory, incest and the misuse of freedom

Shirley Richards, Contributor

On November 22, the Supreme Court of British Columbia, Canada, began hearing a Constitutional Reference on polygamy. The reference was brought by the attorney general of British Columbia asking the Court to determine whether, or to what extent, section 293 of the Criminal Code of Canada, the section outlawing polygamy, is consistent with the Charter of Rights and Freedoms ('Charter').

The Court could also be asked to consider whether 'polyamory' is consistent with the Charter. Polyamory is defined by the Canadian Polyamory Advocacy Association, one of the groups seeking intervener status in the reference, as the "practice of relationships within groups of three or more persons where at least one person in the group has more than one intimate relationship at a time. Poylamory configurations also exist as groups where all parties are intimate with each other or as groups with four (quad) or more members".

The Upper House of the parliament in Switzerland has drafted a law decriminalising sex between consenting family members (incest) which law must now be considered by the government. In the USA, the Rev Jessie Jackson has now joined the ranks of the proponents of homosexual marriage on the grounds of human rights. Where will it all stop some may ask?

At this time of year, having just given thought to what has been described as the most "cataclysmic event" that happened in the intersection between the worlds of the medieval and the modern, such event being the Protestant Reformation celebrated on October 31, and with the celebration of International Human Rights Day, December 10, it is quite in order for one to spare some thoughts on the matter of 'freedom'. It would appear from all that is happening that some western societies, having lost their canopy of shared values, are now substituting individual umbrellas of values. Ironically, some trace this current emphasis on 'individualism' back to the Protestant Reformation as that great movement resulted in a shift in religious gravity from the corporate religious body to the individual, giving birth to individualism in the process.

So modern or post-modern man (whether you use the adjective modern or post-modern could be a matter of individual choice) marches on doggedly in his pursuit of freedom, leaving all ideas of restraint, sacredness and order behind. On this journey there are no maps or signposts, except what one has devised for oneself.

There is a school of thought within Christendom which embraces the concept that what got the first pair of human beings into trouble was their misuse of freedom. They were given freedom to enjoy paradise, including the gift of sexual intercourse but in refusing to abide within the limits they broke the harmony of the created order. Could mankind be once again heading into forbidden frontiers?

Rational faculties

Maybe it is now time to once again give serious thought to St Augustine, John Locke and other such scholars. In essence they believed that the goal of life is the pursuit of good and that a person achieves freedom and goodness when they use their rational faculties to control their desires so that what they actually do fulfils what they are destined to do as human beings. For John Locke, natural law is God's will and since we are God's creatures we are created to fulfil this law. " To be free is to act as we have been made."

As Christmas, that most enigmatic of seasons, approaches we will each exercise our freedom to pursue our own concept of 'Happy Christmas'. We will no doubt see the usual signs of excesses with the social events full of women rivaling each other to see who can conceal the least as they ardently show their unwavering commitment to the right to bare it all. Many Christian-minded folks will exercise their freedom of religion by deciding to go to the beach on Christmas Day instead of going to Church, failing to recognise the value of a society that has shared values even in terms of its holy days.

In spite of the above, I would still want to offer wishes for a holy and peaceful season; with those two adjectives, one need not include a reference to limits!

Shirley Richards is an attorney-at-law. Feedback may be sent to columns@gleanerjm.com