CRITIC OF GAY MARRIAGE PROMOTED TO ONTARIO COURT OF APPEAL
(Photo: Western Law)
Justice Bradley Miller has been chosen by the Conservative government for Ontario’s highest court.
Justice Miller is the second advocate of “originalism”; a legal doctrine denoting that constitutions should be “interpreted according to how their founders intended.” He has published work stating that the 1982 Charter of Rights and Freedoms was not founded with the intention to protect homosexuals from discrimination, therefore the Supreme Court of Canada should not have read such protection into the document; the same argument made by Prime Minister Stephen Harper.
When Justice Miller was a professor, he published essays stating day marriage in Canada is a “new orthodoxy”, and those who choose to disagree are treated as bigots.
He also says the only defense for parents with students enrolled in public schools who treat same-sex marriage as a positive is to pull their children from the public school system.
The conclusion to a 2011 essay regarding gay marriage read, “To the extent that the conception of marriage that is reflected in the law is morally defective, it makes it more difficult for people to understand genuine marriage and to develop the dispositions and character necessary to participate in it.”
He also likened gay marriage to polygamy, saying it “only makes sense that policies that tend to undermind the norms of marital permanence and exclusivity – as same-sex marriage, polygamous marriage, and polyamourous unions arguably do – ought to be avoided.”
