No Human Authority has the right to enact a law against the Natural Order or Moral Order
From June 7, 2023
G. Alex
Benziger,
Advocate
No. 123,
Additional Law Chambers,
High Court
Buildings. Chennai-600 104.
South India.
E-mail: alexbenziger@gmail.com;
Web: www.alexbenziger.com
To
His Excellency Mr. Ranil Wickremesinghe,
President of Sri Lanka
Presidential Secretariat
Galle Face Center Road
Colombo 1
Sri Lanka
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
His reason,
(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.
(Annexure-3).
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.
(Annexure-6).
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.
(Annexure-9).
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.
Yours faithfully,
(G. Alex Benziger).
Enclosures:
Annexures 1 to 9.
Copy to:
1.
MOST VENERABLE
MAKULEWE WIMALA MAHANAYAKE THERO
SUPREME HEAD OF SRI LANKA RAMANNA MAHA NIKAYA
Mula Maha Vihara,
Payagala,
2.
HIS EMINENCE MALCOLM CARDINAL RANJITH,
Archbishop of Colombo
Archbishop’s House,
Borella
Colombo 08,
Sri Lanka
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