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DOCTORS
FOR LIFE INTERNATIONAL SUBMITS EVIDENCE IN CONSTITUTIONAL COURT
AGAINST THE RECOGNITION OF SAME SEX MARRIAGES
DOCTORS
FOR LIFE - PRESS RELEASE
Embargo:
Immediate release
Date:
30 March 2005
Enquiries:
Mr Heinrich Botes
Tel:
(031) 764-0443
Cell:
072 219 1962
Doctors
For Life International (DFL), has submitted an amicus brief to the
Constitutional Court in the matter between the Minister of Home
Affairs and a lesbian couple, Fourie and Bonthuys. The said case was
appealed to the Constitutional Court by the Minister after the
Supreme Court of Appeal ruled in December 2004 that same-sex couples
have the right to marriage.
In
the brief, DFLs amicus demonstrates:
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The
importance and value of the Traditional Heterosexual Marriage
including the advantages it holds for the partners and children
involved. Marriage is a virtually universal and fundamental human
institution. It is not a creation of the law and predates the law or
constitution. At its heart is an anthropological and social reality,
not a legal one. Laws relating to marriage merely recognise and
regulate an institution that already exists. Research consistently
shows that married heterosexual adults and their children do better
in virtually every measure of well-being. No major culture or any of
the major religions anywhere in the world has a moral objection
against the traditional heterosexual marriage. On the contrary all
major religions anywhere in the world value the traditional
heterosexual marriage.
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The
fact that Same Sex Relationships (SSRs) will not have the same
value because they are physically and emotionally unnatural and can
consequently clearly not procreate. The anatomical and histological
incompatibility of two males/females for sexual intercourse is very
obvious. A large amount of scientific evidence, however, also
indicates that same sex relationships are not lasting or truly
monogamous. From the point of view of the children involved, each
termination of a relationship stands a good chance of having the same
psychological impact as divorce. A 1996 study by an Australian
sociologist compared children raised by heterosexual married couples,
heterosexual cohabiting couples and homosexual cohabiting couples. It
found that the children raised by heterosexual married couples did
the best, and children raised by homosexual couples the worst in nine
of the thirteen academic and social categories measured.
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There
is an increased risk of harm with SSRs to the partners and the
children involved and to society as a whole. The risk to the children
involved includes an increased risk of exposing children to the
danger of sexual molestation. Without stereotyping homosexuality or
equating homosexuality with Paedophilia, it is a fact supported by a
large bulk of scientific literature, that there is a higher
prevalence of child molestation amongst homosexuals than amongst heterosexuals.
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There
is no scientific proof that homosexuality is an inherited trait,
rather there is a large amount of evidence that it is a learned
reaction. There is also valid evidence that many individuals who
desired to abstain from the homosexual lifestyle have been able to do so.
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If
we consider the right to sexual orientation as allowing all kinds of
practices that the majority of South Africans would not approve of,
where will we draw the line? Will all sexual practices be acceptable
as long as it is between consenting persons? Will we allow
necrophilia as long as the person whose corpse is involved has
indicated before his death that he would have no objection against
any one using his corpse to have sex with? What about incest,
bestiality, masochism and even hypoxyphilia (where people get sexual
gratification out of suffocating themselves e.g. with a plastic bag
over their face). DFL specifically refers to the recent Meiwes case
in Germany where two consenting adults first consented to cut off the
sexual organ of one of the two and then ate it together. Afterwards,
Meiwes killed his partner and continued to dismember his
partners corpse. He then kept it in a deep freezer to eat at a
later stage. Also, what about people suffering from apotemnophilia;
who get sexual gratification out of having limbs amputated?
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That
the right to sexual orientation is not absolute and that under
certain conditions the government has the right to overrule the
rights of individuals. No right is absolute. Nobody has the right to
sell themselves into slavery or to sell their organs at a profit.
Consequently, if it has been demonstrated sufficiently that a certain
practice (like not wearing a safety belt) poses a big enough danger,
the government can overrule individuals rights and enforce the
wearing of safety belts by everybody.
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Giving
SSRs legal recognition will most probably lead to such couples
adopting children. Homosexual adoption is a highly controversial
issue across the world.
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Marriage
laws are not discriminatory. Marriage is open to all adults, subject
to age and blood relation limitations. As with any acquired status,
the applicant must meet the minimal requirements, which in terms of
marriage, means finding an opposite sex spouse or a spouse whos
not closely related. Consequently same sex couples do not qualify. To
put it another way, clerks will not issue dog licences to cats and
that not because of bigotry to cats. If you declare that,
wine should be labelled identically to grape juice because they have
similar properties, you have actually destroyed the definitions of
both wine and grape juice.
DFL
consequently argues that the Traditional Heterosexual Marriage has
so many advantages for society that it should therefore be encouraged
and supported by letting it enjoy special privileges. If the legal
benefits of marriage are given to any other type of relationship, the
status of marriage will be eroded e.g., allowing anyone to park in
disabled parking spaces would not extend a benefit, it will erode the
status of privileged parking for the disabled. In the same way the
giving of marital rights and privileges to other partnerships, will
devalue the institution of the traditional heterosexual marriage.
DFL
therefore argues that there are other ways for homosexuals and
lesbians to secure their rights and prevent discrimination, than to
give SSRs marital status.
Doctors
for Life International represents more than 1000 medical
doctors and specialists, three-quarters of who practise in South
Africa. DFL was founded as a South African organisation in 1991 and
has spread across the globe. DFL is involved in several community
projects including orphan care, the care of terminal AIDS patients,
malaria treatment and the care of abused women.
For
more information, go to: www.doctorsforlifeinternational.com
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