No Human Authority has the right to enact a law against the Natural Order or Moral Order
From June 7, 2023
G. Alex Benziger,
No. 123, Additional Law Chambers,
High Court Buildings. Chennai-600 104.
His Excellency Mr. Ranil Wickremesinghe,
President of Sri Lanka
Galle Face Center Road
May it please Your Excellency,
Sub: Some points for consideration in respect of
Same-sex marriages- moved by a Private Member Bill-
before the Hon’ble Sri Lankan Parliament for passing-Reg
I am a practicing advocate in the High Court of Judicature at Madras, with 38 years of bar experience. I am a Roman Catholic Christian by birth and living according to the teaching of our Lord Jesus Christ and the Tradition of the Catholic Church. Our forefathers were converted to Christianity 300 years before. I am hailing from Kanyakumari District; our family has a genealogy from 1754 onwards till date. (www.maravankudieruppu.com/genealogy.html).
1. The Dolawatte bill presently in Sri Lanka’s parliament seeks to change the country’s penal code to create rights even for children as young as 16 years old to privately and publicly express behavior related to homosexuality, such as grossly unnatural carnal intercourse.
2. The Sri Lanka Penal Code (Amendment) Bill 2023 aims to ensure that “all persons shall be equal before the law” and “be entitled to the equal protection of the law”, “irrespective of their sexual orientation”. It seeks to enhance the fundamental rights guaranteed under the Constitution to LGBTQ+ persons so as to enable them to live in society with dignity. Initially published in the Government Gazette on March 17, 2023, the Bill was presented in Sri Lankan Parliament on April 4. However, it currently awaits approval from 225 parliamentarians before it becomes law.
3. Section 365A, which has no analogous provision in the IPC, was introduced in Sri Lanka with the 1924 Penal Code (Amendment) Ordinance and states, “Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of an offense, and shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both, and shall also be liable to be punished with whipping.”
4. On May 9, 2023, the Sri Lankan Supreme Court ruled that a private members bill, from MP Premnath C Dolawatte, to decriminalise homosexuality, was not unconstitutional, Reuters reported. Before coming to its decision, the court heard dozens of petitions arguing both sides.
5. After the verdict of the Hon’ble Supreme Court of SRI LANKA, His Excellency the President of Sri Lanka, Mr. Ranil Wickremasinghe the Hon’ble Speaker of Parliament Mr. Mahinda Yapa Abeywardena and Sri Lanka Foreign Minister Mr. Ali Sabry made it clear to legalize the Same-Sex relationship.
6. In reality, Sri Lanka is not only a conservative country but also a tradition-following country. In reality, GAY people are very microscopic in Sri Lanka.
7. On the other hand, in the latest development of Same-Sex marriages in India, the government has argued before the Hon’ble Supreme Court of India that the Government has made it clear and firm to maintain its cultural traditions and the Natural Family System, that is Father, Mother, and Children and that any change to the legal structure it should be the domain of the elected parliament, not the court. Finally, the Hon’ble Supreme Court of India reserves the orders and expects the verdict.
8. While the argument was going in respect of the Same-sex matter in the Supreme Court of India I also wrote a letter on
14-04-2023 to the Hon’ble Prime Minister of India, Hon'ble Minister of Law & Justice, and Secretary to the Government of India. (https://www.alexbenziger.com/2023/04/same-sex.html).
9. India and Sri Lanka people have one and the same cultural tradition, habits, and morality.
10. I am in no way connected to this Bill as well as Sri Lanka, but I have always been interested to save the Natural Family system and uphold tradition, Natural Order, and Moral Order. That is why I am writing this letter to Your Excellency.
11. No human authority has the right or power to define or enact a law against the Natural Order and Moral Order. Therefore, I am submitting some points for consideration before Sri Lanka’s Parliament through Your Excellency the President of Sri Lanka.
12. If the Parliament may be enacted any legislation against the Natural Order or Moral Order it will amount to a LEGISLATURE’S TERRORISM. If the Judiciary has Ruled any order against the Natural Order or Moral Order, it will amount to JUDICIAL TERRORISM.
13. If the Human Authority goes against the Natural Order or Moral Order it will affect the existence of the world. Consequently, chaos and confusion will prevail in the world.
i) China went against the natural course and custom and
enacted the law that “one family has one child”. Following this
Order, the Chinese military faces a significant challenge as the
fertility rate falls in 2020. Finally, China has no other way
rather than introducing a three-child policy. The change was
approved during a Politburo meeting chaired by President
Xi Jinping, according to the official news agency Xinhua.
ii) "Climate change" means a change in climate that is attributed
directly or indirectly to human activity that alters the
composition of the global atmosphere and which is in addition
to Natural climate variability observed over comparable
periods. So, it is proved that if the world is going against the
natural course the world will face the consequences. That is
why nowadays everybody talking about global warming and
calls for "Save Mother Earth".
14. Everybody talking about global warming and preserving natural resources to enhance our life securely as well as satisfactorily in the future. But, in human society, somebody goes against nature and compels everybody to follow that way. It is shameful of the legislature which was responsible to enact the same-sex marriage law against the natural order.
15. On July 4, 2011, the then Government of India Health Minister, Hon’ble Mr. Ghulam Nabi Azad, derided “homosexuality as an unnatural “Disease” from the West, unfortunately, this disease has come to our country too…. where a man has sex with another man, which is completely unnatural and should not happen but does”. The minister said this during a conference held in New Delhi on HIV/AIDS, wherein Hon’ble the then Prime Minister of India Dr. Manmohan Singh, Congress Party President Mrs. Sonia Gandhi, and some of the Government Ministers were also present at the conference.
16. But, on the next day, July 5, 2011, the gay activists strongly condemned and demanded that the minister “should publicly apologize”, and in Chennai one NGO-LGBT rainbow coalition staged a protest, demanding an apology from the minister. It is unfortunate that the protesting people are not gays, then what do they want? For what purpose? The NGO is run by whose money? But they want publicity and some vested interest under the name and the banner of an NGO.
17. 2000 years ago the Roman Writer and Politician Cicero in his book “Laws” (I, 10): defined as follows:- There is in fact a true law, namely right reason which is in accordance with nature, applies to all men, and is unchangeable and eternal …. It will not lay down one rule at Rome and another at Athens, nor will it be one rule today and another tomorrow. But there will be one law, eternal and unchangeable, binding at all times upon all peoples; and there will be, as it were, one common master and ruler of men, namely God, who is the author of this law, its interpreter and its sponsor. The man who will not obey it will abandon his better self and, in denying the true nature of man, will thereby suffer the severest of penalties, though he has escaped all the other consequences which men call punishment”.
18. In this single and short paragraph Cicero summarizes all the essential features of “natural law”: First, it is the direct expression of the Divine Will. Therefore, it is universal, eternal and unchangeable. Second, its rules can and must be found with the help of the right reason. Third, man has a sacred obligation to obey these rules. Whenever he breaks them, he violates his own “true nature” and therefore automatically punishes himself.
19. Thus, the concept of the Natural Law implies that moral principles are inherent in nature, and they tell us exactly how we should behave. As long as we obey them, we fulfill our true destiny. All our actions will not only be natural but also perfectly moral. In other words, if everybody acted according to his nature, i.e., his “better self”, the world could forever live in harmony, justice, and peace. Cicero was, of course, by no means the first to suggest this appealing idea. Long before him a school of Greek philosophers called Stoics, and before him, Aristotle and Plato had made the same basic suggestion”.
20. Natural law depends on the natural order. Morality and Natural Order are interlinked. Natural Order is pertaining to Nature and morality is pertaining to human behavior that is in line with moral science.
What is natural order?
a). Spring, summer, autumn, and winter, the four seasons are in every calendar year. It will come and go without any interruption. This is a natural order. The sun rising from the East and setting in the West is happening daily, and no one can change it. So, this is a natural order.
b). Likewise, a female crow lay eggs in the nest, and when the brooding time comes the male crow that was responsible for the fertilization with the female, is to help the female, till the chick flies and goes independent. This is a natural order.
c). The female crocodile lay eggs in a safe place. For 80 days the female crocodile is to watch over them and after that go over the eggs, therein the crocodile is to take the newborn crocodiles in its jaws and transport them to a safer place. This is a natural order.
d). The cuckoo bird is known to lay its eggs in the nest of other birds, usually crows because the cuckoo bird does not make its own nest. Therefore, it lays its eggs in the nest of crows where the crow takes care of her eggs and her young ones. This is the natural order.
21. Likewise the ‘moral law’ is in human society. If we follow the moral order, human society will be safer. If human society does not follow the moral order, then it causes the destruction of human society, and that leads to the destruction of the planet Mother Earth.
22. St. Thomas Aquinas (1224-1274 AD) was the greatest medieval Roman Catholic theologian distinguished by types of law, that is:
(i) Eternal law: the justice of God, which is almost identical with
(ii). Natural law: the eternal law implanted by God in nature and
in the human mind,
(iii). Divine law: God’s overt revelation of His will and
(iv). Human Law: derived from natural law.
The first three types of law express the will of a heavenly legislator and therefore clearly fall into the realm of theology. Only the fourth type, human law, can be said to have some secular basis. However, since it is derived from divine law, its ultimate validity must still be decided on moral and religious grounds.
23. Morality is the basis of all things and truth is the substance of all morality.
24. The most important thing in the world is the “FAMILY” which means, Father, Mother, and Children. If this family system is lost then this Universe's Existence is for whom? If this traditional family system is lost then there is no meaning in the existence of this universe.
25. Two persons of the opposite sex living together and bearing children is marriage. It is natural. Two opposite living cells are joined in a womb and form a new being, whether it is a human person, animal kingdom, or botanical world. A civil union is a friendship, but same-sex persons living together are not a family, at any time they may be separated and go alone. It is like a partnership firm; it is an understanding until they leave at their will.
26. But in the natural family there is a
father, a mother, and children. Here they may be separated, but the children
can’t call somebody else as father or mother. People should go with nature, go with human behavior, to go with civilized society, even in the
animal kingdom they never go against nature. The people must allow the
world to go as it is.
27. The West has been pushing for the approval of abnormal deviant sexual practices as an alternative lifestyle. The Western World allows civil unions, providing state–level spousal rights to same-sex couples. Homosexuality is a sexual perversion and is in no way natural.
Legalizing gay marriage would leave “society destroyed” because the FAMILY is the basic cell of human society. If we permit homosexuality, then it will lead the society as a fornicating society.
28. In the course of world history, there has taken place a green revolution, and later industrial revolution has taken place. Now Sexual Revolution is going on. Transgenderism, Same-sex marriage, bi-sexual, queer, marital rape, and Abortion, are all things that show what is called sexual Revolution.
29. Moreover, Lesbian couples are twice as likely as gay men to end civil partnerships as 'divorces'. Because Marriage is not a good model for lesbian couples, because they lack the natural complementarity of the sexes. (Annexure-1 and 2).
30. To commemorate this milestone in LGBTQ history, we are taking a look at countries around the world that have officially legalized same-sex marriage. Nearly 35 out of 195 countries have passed laws allowing gay marriage, according to internet sources.
a). 23 countries have legalized same-sex marriage nationally through legislation. Among these, Australia, Ireland, and Switzerland legalized same-sex marriage through legislation only after nationwide votes.
b). 10 countries have legalized same-sex marriage nationally through court decisions — Austria, Brazil, Colombia, Costa Rica, Ecuador, Mexico, Slovenia (followed by national legislation), South Africa, Taiwan, and the United States of America.
c). 2 countries, South Africa and Taiwan, enacted legislation legalizing same-sex marriage after courts mandated them to do so.
31. If we allowed this gay marriage, then in the future, the following people will be claiming the following matters as their rights. That is.
i. ‘Marry your rapist’ laws in 20 countries still allow perpetrators
to escape justice. (Annexure-4).
ii. New Turkish law will allow men to legally rape young girls –
if they marry them. (Annexure-5).
iii. Paedophiles rebranding themselves as 'Minor-Attracted
Persons seek the same protection as the LGBT community: Report.
iv. California Legislature Passes Bill Reducing Penalties for Oral,
Anal Sex with willing Children. (Annexure-7).
v. Parent files lawsuit in New York asking for permission to
marry their child. (Annexure-8).
vii. In the future, somebody may publicly have sex with the animals.
Therefore, I request Your Excellency that the Natural Family System that is Father, Mother, and Children should be saved and protected, and if any interruption may come on the way to the Natural Family system it should be stopped at any cost.
I pray to the Lord Jesus Christ to bless you and the peaceful and successful smooth functioning of your Government.
(G. Alex Benziger).
Annexures 1 to 9.
1. MOST VENERABLE MAKULEWE WIMALA MAHANAYAKE THERO
SUPREME HEAD OF SRI LANKA RAMANNA MAHA NIKAYA
Mula Maha Vihara,
2. HIS EMINENCE MALCOLM CARDINAL RANJITH,
Archbishop of Colombo