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Kevin Rudd PM 14-4-2010

C/o R.McClelland.MP@aph.gov.au
5 .
Cc: Tony Abbott MP
Tony.Abbott.MP@aph.gov.au
.
AND TO WHOM IT MAY CONCERN
10 .
Re: MARRIAGE - property settlement – SEXUAL ABUSE - etc
.
Kevin,
as a CONSTITUTIONALIST my issue with any legal issue is the constitutional validity
15 of any action by the government, and likewise by the Parliament. If it ain’t constitutionally
permissible then no matter the purpose it must be abandoned because the moment we allow the
constitution to be defied we have lost the plot and permit terrorism and dictatorship, as there will
always be those who find excuses to disregard constitutional limitations.
.
20 This document is about matrimonial matters and property settlement but to get a better
understanding as to related matters I will also delve behind sexual abuse, both, part of a marriage
and beyond it. Also, how recognition of non-marriages as like a marriage can actually have
severe consequences. Obviously this document could not include al matters and neither must be
perceived to do so, it will however give a broader understanding that recognising non-marriages
25 (relationship) as some De Facto marriage isn’t the way to go and politicians should value their
morals more then to pursue at any cost votes in an election.
.
It would not be wrong to state that lawyers generally do not understand law but merely
seek to interpret it to suit their clients.
30 .
Lawyers who are Members of Parliament are even more dangerous because they tend to interpret
the application of constitutional powers to suit their own political views rather then what was
intended by the Framers of the Constitution.
.
35 Kikonda Butema Farms Ltd v The Inspector General of Government HCT-00-CV-MA-593-
2003
QUOTE
Constitution needles to mention is a supreme law of the land.
END QUOTE
40 .
DPP v Field [2001] VSC 472 (29 November 2001)
QUOTE
24. Section 35 of the Interpretation of Legislation Act 1984 provides that in the interpretation
of the provision of an Act consideration may be given to any matter or document that is
45 relevant, including reports of proceedings in any House of the Parliament. The section
further provides that a construction that would promote the purpose or object underlying an

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Act is to be preferred to a construction that would not promote that purpose or object. Those
provisions are well known.
QUOTE
.
5 To gain some insight as to the Commonwealth of Australia legislative powers as to property
settlement, etc, we must delve into the intentions of the Framers of the Constitution first. How
was the constitution as such created and with what intent, etc?
.
Who are the Framers of the Constitution and are they long dead as is so often alleged? The
10 truth is that more Framers of the Constitution are still alive then most people may ever realise!
When there is a referendum then each and every elector who votes in a referendum is a Framer of
the Constitution by exercising his/her vote. Meaning that anyone who voted in the 1999
Republican referendum technically is a Framers of the Constitution, as after all a refusal to
amend is as much part of creating a constitution as to approve of an amendment. Hence, after all
15 the Framers of the Constitution are not long dead because we all are still alive. Indeed there are
more people voting in referendums now then what occurred way back in 1891, 1897, 1898, 1899,
etc! So, congratulations you (that is if you voted in a referendum) are also a Framer of the
Constitution!
Ok, now that we have this out of the way it then becomes a bit more complicated in the term “the
20 intentions of the Framers of the Constitution” as then it is not just what was intended by those
who originally created the Constitution but now it is also subject to any amendments made since.
.
When we look at the historical version of the constitution in progress then it was providing for
marriage and divorce. In 1897 however some delegates were making clear that Barton (as part of
25 the drafting committee) had exceeded his powers to separate marriage and divorce to marriage
and another section of divorce and guardianship and custody. As a delegate pointed out
guardianship and custody could refer to guardianship of mentally ill person’s, etc, and that was
not intended and so submitted that “in relation thereto” was inserted so that the Commonwealth
of Australia could only legislate as to guardianship and custody in relation to divorce. As such if
30 there is no divorce then there is no legislative power.
.
The Commonwealth of Australia Constitution Act 1900 (UK) (the constitution)
QUOTE
(xxi) marriage;
35 (xxii) divorce and matrimonial causes; and in relation thereto,
parental rights, and the custody and guardianship of infants;
END QUOTE
.
The word “infant” can have certain meanings and do not differentiate between a married person
40 or those unmarried
.
HANSARD 22-9-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]:
45 Since the law only recognises marriages as civil contracts or partnerships, it would
seem intolerable that when the partners can prove the impossibility of their
maintaining friendly relations, they should be compelled by law to make a semblance
of doing so, and both lives be in effect wasted.
END QUOTE
50 .
An “infant” having entered in a contract of marriage, such as a female at age 12 may later
dispute the validity of the marriage. The marriage being in fact a “civil contract”.

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When on look at the constitution with section 41 referring to “adult” then for all purposes and
intend if the Commonwealth were to legislate a certain age to be an adult then this applies to all
Commonwealth law unless specifically stated otherwise. Hence, the age of “adult” being 18
years for electors in federal elections then the age of “infant” must be deemed to be until the age
5 of adulthood which is 18 years.
It should be understood that the age of “adult” dictated by the commonwealth has no bearing
upon matters within the State legislative environment, as a State may hold that for example for
State elections a person is an “adult” at age 16 years old.
It is for this reason also that the Framers of the Constitution inserted s.41 so as to make clear that
10 albeit a State elector automatically would have the federal franchise this was however subject to
the State elector being of “adult” age by which the Commonwealth determines the age of being
deemed to be an “adult”.
.
A LAW DICTIONARY ADAPTED TO THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
15 AMERICA AND OF THE SEVERAL STATES OF THE AMERICAN UNION With References to the Civil and
Other Systems of Foreign Law by John Bouvier.
SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED. VOL. I.
PHILADELPHIA CHILDS & PETERSON, 124 ARCH STREET 1856
QUOTE
20 INFANT, persons. One under the age of twenty-one years. Co. Litt. 171.
2. But he is reputed to be twenty-one years old, or of full age, the first instant of the last
day of the twenty-first year next before the anniversary of his birth; because, according to
the civil computation of time, which differs from the natural computation, the last day
having commenced, it is considered as ended. Savig. Dr. Rom. Sec. 182. If, for example, a
25 person were born at any hour of the first day of January, 1810, (even a few minutes before
twelve o'clock of the night of that day,) he would be of full age at the first instant of the
thirty-first of December, 1831, although nearly forty-eight hours before he had actually
attained the full age of twenty-one years, according to years, days, hours and minutes,
because there is, in this case, no fraction of a day. 1 Sid. 162; S. C. 1 Keb. 589; 1 Salk. 44;
30 Raym. 84; 1 Bl. Com. 463, 464, note 13, by Chitty; 1 Lilly's, Reg. 57; Com. Dig. Enfant,
A; Savig. Dr. Rom. Sec. 383, 384.
3. A curious case occurred in England of a young lady who was born after the house
clock had struck, while the parish clock was striking, and before St. Paul's had begun to
strike twelve on the night of the fourth and fifth of January, 1805, and the question was
35 whether she was born on the fourth or fifth of January. Mr. Coventry gives it as his opinion
that she was born on the fourth, because the house clock does not regulate anything but
domestic affairs, that the parochial clock is much better evidence, and that a metropolitan
clock ought to be received with "implicit acquiescence." Cov. on Conv. Ev. 182-3. It is
conceived that this can only be prima facie, because, if the fact were otherwise, and the
40 parochial and metropolitan clocks should both have been wrong, they would undoubtedly
have had no effect in ascertaining the age of the child.
4. The sex makes no difference, a woman is therefore an infant until she has attained her
age of twenty-one years. Co. Litt. 171. Before arriving at full infant may do many acts. A
male at fourteen is of discretion, and may consent to marry; and at that age he may disagree
45 to and annul a marriage he may before that time have contracted he may then choose a
guardian and, if his discretion be proved, may, at common law, make a will of his personal
estate; and may act as executor at the age of seventeen years. A female at seven may be
betrothed or given in marriage; at nine she is entitled to dower; at twelve may consent
or disagree to marriage; and, at common law, at seventeen may act as executrix.
50 5. Considerable changes of the common law have probably taken place in many of the
states. In Pennsylvania, to act as an executor, the party must be of full age. In general, an
infant is not bound by his contracts, unless to supply him for necessaries. Selw. N. P. 137;
Chit. Contr. 31; Bac. Ab. Infancy, &c. I 3; 9 Vin. Ab. 391; 1 Com. Contr. 150,.151; 3
Rawle's R. 351; 8 T. R. 335; 1 Keb. 905, 913; S. C. 1 Sid. 258; 1 Lev. 168; 1 Sid. 129; 1
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Southard's R. 87. Sed vide 6 Cranch, 226; 3 Pick. 492; 1 Nott & M'Cord, 197. Or, unless he
is empowered to enter into a contract, by some legislative provision; as, with the consent of
his parent or guardian to put himself apprentice, or to enlist in the service of the United
States. 4 Binn. 487; 5 Binn. 423.
5 6. Contracts made with him, may be enforced or avoided by him on his coming of age.
See Parties to contracts; Voidable. But to this general rule there is an exception; he cannot
avoid contracts for necessaries, because these are for his benefit. See Necessaries. The
privilege of avoiding a contract on account of infancy, is strictly personal to the infant, and
no one can take advantage of it but himself. 3 Green, 343; 2 Brev. 438. When the contract
10 has been performed, and it is such as he would be compellable by law to perform, it will be
good and bind him. Co. Litt. 172 a. And all the acts of an infant, which do not touch his
interest, but take effect from an authority which he has been trusted to execute, are binding.
3 Burr. 1794; Fonb. Eq., b. 1, c. 2, Sec. 5, note c.
7. The protection which the law gives an infant is to operate as a shield to him, to protect
15 him from improvident contracts, but not as a sword to do injury to others. An infant is
therefore responsible for his torts, as, for slander, trespass, and the like; but he cannot be
made responsible in an action ex delicto, where the cause arose on a contract. 3 Rawle's R.
351; 6 Watts' R. 9; 25 Wend. 399; 3 Shep. 233; 9 N. H. Rep. 441; 10 Verm. 71; 5 Hill, 391.
But see contra, 6 Cranch, 226; 15 Mass. 359; 4 M'Cord, 387.
20 8. He is also punishable for a crime, if of sufficient discretion, or doli capax. 1 Russ. on
Cr. 2, 3. Vide, generally, Bouv. Inst. Index, h.t.; Bing. on Infancy; 1 Hare & Wall. Sel. Dec.
103, 122; the various Abridgments and Digests, tit. Enfant, Infancy; and articles Age; Birth;
Capax Doli; Dead born; Foetus; In ventre sa mere.
END QUOTE
25 .
Again:
QUOTE
A female at seven may be betrothed or given in marriage; at nine she is entitled to
dower; at twelve may consent or disagree to marriage; and, at common law, at
30 seventeen may act as executrix.
END QUOTE
.
In contemporary Australia one would not consider that this is unacceptable albeit in many
countries this is still held applicable;
35 .
QUOTE
http://au.news.yahoo.com/a/-/newshome/6752539/nine-year-old-gives-birth-in-china/

Nine-year-old gives birth in China


Yahoo!7 February 2, 2010, 5:29 pm
40 A nine-year-old girl has given birth to a 2.75kg baby in north-east China, reports say.
The baby was delivered by cesarean at a hospital in Changchun in Jilin province.
The City Evening News in China reports the girl's parents have sought legal advice.
Under Chinese law, sex with a girl under 14 years of age carries an automatic rape
conviction.
45 Despite the girl's young age, and the potential for complications, it's been reported the
mother and her new baby are in good health.
Another report from a Shanghai based hospital said 30 per cent of young girls who had
surgical abortions were school students.
END QUOTE
50 .
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QUOTE
http://au.news.yahoo.com/a/-/newshome/6029103

Child bride dies giving birth


AFP, Yahoo!7 September 14, 2009, 8:37 am
5 SANAA — A 12-year-old Yemeni girl, who was forced into marriage, has died during a
difficult delivery in which her baby also died, a children's rights organisation said on
Sunday, demanding action to stop Yemeni men taking child brides.
"The child, Fawziya Abdullah Youssef, died on Friday September 11 in western Yemen at
the age of 12 due to a complicated delivery," the Yemeni Organisation for Childhood
10 Protection (Seyaj) said.
The organisation said its volunteers had confirmed that doctors had been unable to save
Fawziya's life after she suffered complications from the delivery.
Raised in an impoverished family with a father suffering from kidney failure, Fawziya was
forced to drop out of school and married off at the age of 11. She got pregnant a year later,
15 the group said.
"The lack of a statutory minimum age for marriage makes it impossible for local
officials to ban child marriages, especially among girls, or to punish their parents or
spouses for the disastrous consequences of such marriages," Seyaj said, adding that such
marriages are widespread on Yemen's Red Sea coast.
20 "The case of Fawziya illustrates the tragedy of those whom we call 'the brides of death',
who are little girls, less than 15 years old, forced into marriage, mostly due to financial
reasons," Seyaj director Ahmed al-Qorashi told AFP.
"The proportion of little girls and teenage females married before 15 is nearly 50 percent"
in rural parts of Yemen, one of the world's poorest countries despite its proximity to oil-rich
25 Saudi Arabia.
"These marriages are the result of poverty, ignorance and illiteracy, and lead to the
destruction of the lives of these young girls, whose opinion is not taken in consideration,"
Qorashi added.
Last year, a Yemeni court granted a divorce to an eight-year-old girl whose unemployed
30 father forced her into an arranged marriage with a man 20 years her senior, saying he feared
she might otherwise be kidnapped by the would-be spouse.
The case of Nojud Mohammed Ali shed light on the suffering of the many adolescent girls
forced into marriage.
"This is a real tragedy in which the government is the top responsible party, because the
35 president (Ali Abdullah Saleh) has until now not promulgated the law (on a minimum age
for marriage) adopted by parliament in February," said the lawyer who obtained Nojud's
divorce, Shaza Nasser.
She said the government "should launch awareness campaigns in rural areas and prevent
clerics from concluding marriage contracts" for girls under the age of 17.
40 She said authorities also had the duty to make sure girls received schooling in a country
where illiteracy rates are estimated at 33.4 percent among men and reach 76 percent among
women.
Since she won Nojud's case, Nasser has been contacted by many girls in similar situations
who were encouraged to speak out by her success in the courts. She has already helped a
45 10-year-old girl, Arwa, to get a divorce.

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She said she was currently working on the case of a teenager who had been married off by
her father at the age of two because he needed the money. The marriage contract allowed
her to remain with her parents until the age of 13 when she was expected to consummate
the union.
5 From AFP
END QUOTE
.
QUOTE
http://au.news.yahoo.com/a/-/newshome/6419557

10 Girl, 11, gives birth on wedding day


Yahoo!7 November 2, 2009, 12:43 pm
An 11-year-old girl has become a mother after going into labour during her wedding.
Reports say the girl was still wearing her wedding dress when she arrived at hospital and
gave birth to a baby girl.
15 Gallery: Bizarre Weddings
"It feels strange to be a mum and have a baby," Kordeza Zhelyazkova told News of the
World.
"I used to play with my toys but now she is my new toy. She is so beautiful, I love her.
Violeta is the child and I must grow up. I am not going back to school - I am a mother
20 now."
Kordeza met her 19-year-old husband, Jeliazko Dimitrov, in the playground of her Roma
gypsy school in Sliven, Bulgaria, when he rescued her from bullies.
"Then she arranged to meet me and asked me out on our first date. I thought she was 15.
She didn't tell me she was 11," Dimitrov was quoted as saying.
25 According to News of the World, Kordeza was conceived a week later.
"I haven't had sex education classes and I didn't know how to get pregnant. I'd never had a
boyfriend and I'd never heard of condoms."
"I didn't know I was pregnant until my grandmother saw I had put on weight. I just thought
I'd eaten too many burgers."
30 Dida, the girl's grandmother, was herself pregnant at 13.
"It's normal for our girls to have babies young. It's our tradition. But I didn't want it for my
Kordeza - I felt she was too young," she was quoted as saying.
Dimitrov is now facing up to six years in prison for having sex with a minor.
"I'm scared. I want to look after my wife and child. Instead I may be going to prison," he
35 told News of the World.
Sliven is the underage mother capital of Europe with 177 cases last year.
END QUOTE
.
QUOTE
40 http://au.news.yahoo.com/a/-/world/7040684/yemeni-child-bride-dies-of-bleeding-after-
intercourse

Yemeni child bride dies of bleeding


after intercourse
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AFP April 9, 2010, 11:00 am
A 13-year-old Yemeni girl who was forced into marriage died five days after her wedding
when she suffered a rupture in her sex organs and hemorrhaging, a local rights organisation
says.
5 Ilham Mahdi al Assi died last Friday in a hospital in Yemen's Hajja province, the Shaqaeq
Arab Forum for Human Rights said, quoting a medical report.
She was married the previous Monday in a traditional arrangement known as a "swap
marriage", in which the brother of the bride also married the sister of the groom, it said.
"The child Ilham has died as a martyr due to the abuse of children's lives in Yemen," the
10 non-governmental organisation said.
Her death was a "flagrant example" of the results of opposing the ban on child marriage in
Yemen, which was leading to "killing child females", it said.
The marriage of young girls is widespread in Yemen, which has a strong tribal structure.
The death of a 12-year-old girl in childbirth in September illustrated the case of the
15 country's "brides of death", many of whom were married off even before puberty.
Controversy heightened in Yemen recently over a law banning child marriage in the
impoverished country through setting a minimum age of 17 for women and 18 for men.
Thousands of conservative women demonstrated outside parliament last month, answering
a call by Islamist parties opposing the law.
20 A lesser number of women rallied at the same venue a few days later in support of the law,
the implementation of which was blocked pending a request by a group of politicians for a
review.
END QUOTE
.
25 QUOTE
http://au.news.yahoo.com/a/-/newshome/6408144

112-year-old man marries teen


Yahoo!7 October 30, 2009, 1:28 pm
A man who's thought to be 112 years old has married a teenage girl, young enough to be
30 his great-great-granddaughter.
Hundreds of people attended the wedding between 17-year-old Safia Abdulleh and Ahmed
Muhamed Dore, who already has 13 children by five wives and dozens of grandchildren.
The ceremony took place in central Somalia.
Photo gallery: bizarre weddings
35 Mr Dore reportedly said, "Today God helped me realise my dream," while the bride's
family said she was happy with her husband.
"I didn't force her, but used my experience to convince her of my love; and then we agreed
to marry," the groom added.
The pair are from the same village, where there has been mixed reaction to the marriage.
40 The BBC reports that some people are concerned about the age gap, while others are happy
that age was not a barrier to love.
Despite his large family, Mr Dore is apparently hoping for more children with his new
bride.
"It is a blessing to have someone you love to take care of you," he said.
45 END QUOTE
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.
QUOTE
http://au.news.yahoo.com/a/-/newshome/6767673/girl-buried-alive-for-39-befriending-
boys-39/

5 Girl buried alive for 'befriending boys'


Yahoo!7 February 5, 2010, 3:50 pm
Police have recovered the body of a 16-year-old girl buried alive by relatives in an honour
killing carried out because she reportedly befriended boys.
The girl's body was found in a sitting position with her hands tied, in a two-metre hole dug
10 under a chicken pen outside her home in Turkey.
A post mortem revealed the girl had a significant amount of soil in her lungs and stomach,
meaning that she was buried alive, the Anatolia news agency reports.
The girl was discovered in Kahta town, in the south-eastern province of Adiyaman, 40 days
after she went missing.
15 "The autopsy result is blood-curdling," one anonymous expert was quoted as saying.
"According to our findings, the girl - who had no bruises on her body and no sign of
narcotics or poison in her blood - was alive and fully conscious when she was buried."
The girl's father and grandfather have been arrested and jailed pending trial over her killing.
The father reportedly said in his testimony that the family was unhappy she had male
20 friends.
Police made the discovery after a tip-off from an informant.
Turkish Hurriyet newspaper reports the girl's mother was arrested but later released.
END QUOTE
.
25 A major problem with influx of immigrants into the Commonwealth of Australia is the lack
of proper education before anyone is granted a visa as to Australian cultural views, etc. As
such, those coming from countries where they can marry a child of tender age do not
perceive they are deemed to be a paedophile while doing the same in the Commonwealth of
Australia and as such I view the Commonwealth of Australia is a failing to address this
30 matter appropriately.
.
And besides this we also have the issue as to so to say home grown paedophiles besides many
other countries that now have marriage laws simular to those of the Commonwealth of Australia
also having these problems;
35 .
QUOTE
http://au.news.yahoo.com/a/-/mp/7053824/man-admits-sex-with-12yo-girls/

Man admits sex with 12yo girls


ABC April 13, 2010, 9:17 am
40 An 18-year-old Tasmanian man has avoided going to jail for having sex with
two 12-year-old girls.
The man, who was 17 at the time of the crimes, admitted having sex with the
two girls between May and August last year.
He developed a relationship with the first girl and after some time pressed
45 her for sex.

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At first she avoided it by making excuses but after the man told her he loved
her, she gave in.
She later told her parents and the police became involved.
The second girl told the court she became depressed after having sex, lost
5 friends and had to change schools.
The man also admitted knowing the girls' ages.
He was sentenced to nine months in prison, wholly suspended.
END QUOTE
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10 QUOTE
http://au.news.yahoo.com/a/-/newshome/6127831

Sex-crime teacher walks free from court


AAP September 30, 2009, 2:32 pm
A former Knox Grammar teacher who pleaded guilty to child sex charges has walked free
15 from a Sydney court.
Damien Vance, 55, was given a two-year good behaviour bond in Hornsby Local Court on
Wednesday for sexual assault by inciting an indecent act.
Between February and October 1988, Vance, who was teaching at the private school,
incited a 14-year-old boy to an act of mutual masturbation.
20 He was arrested in April this year at his home in Melbourne.
In sentencing Vance, Magistrate Leslie Brennan said the offence was at the lower end of
the scale but not at the bottom.
He agreed with Vance's solicitor Bruce Williams that Vance had shown no signs of
problem behaviour since the incident.
25 The significant time that had passed since the offence had no bearing on the sentence, he
said.
"Some 21 years later the matter has resurfaced," Mr Brennan told the court.
"It was probably always on the mind of the young boy."
Vance's name has been added to the Child Protection Register, which Mr Brennan said
30 would effectively end his teaching career.
Vance is one of five former Knox Grammar school teachers who have been charged with
sexual assault offences at the school in the 1970s and 1980s.
END QUOTE
.
35 QUOTE
http://au.news.yahoo.com/a/-/world/6701769/woman-slept-with-boy-12-almost-200-times/
Woman slept with boy, 12, almost 200 times
Yahoo!7 January 20, 2010, 6:34 pm
A UK mother who had sex with a 12-year-old boy almost 200 times is facing jail.

40 The Sunday Sun reports Angela Sullivan gave the boy a pair of shoes after he slept with her
for the 100th time.

The unemployed 36-year-old reportedly corrupted the boy after getting him drunk and
performing a sex act on him.
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According to the Sunday Sun, Sullivan sent her own son to stay his with grandparents so
she could meet her victim.

When police arrested the single mother, they found a diary marked with stars against the
dates they had sex.

5 Sullivan's offences were reportedly discovered after rumours circulated she had fallen
pregnant to the boy.

She is set to be sentenced next month.

END QUOTE
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10 QUOTE
http://au.news.yahoo.com/a/-/latest/5813867/priest-facing-online-sex-grooming-charge/

Priest facing online sex grooming charge


By Andrew Drummond, AAP August 14, 2009, 5:23 pm
The Catholic Church has suspended a Sydney priest facing serious criminal charges of
15 grooming a child for sex.
Robert MacGregor Fuller, 54, allegedly used a webcam to show himself masturbating
during online chat sessions with a police officer who was posing as a 13-year-old girl.
A priest at All Saints church at Liverpool, in Sydney's southwest, for some six years, Fuller
was arrested on Thursday afternoon in the car park of Parramatta pool where it is alleged he
20 planned to meet the teenage girl for sex.
He was subsequently charged with grooming and procuring a child under the age of 16 and
faced Parramatta Local Court on Friday.
"This is a clear abuse of a position of authority within the church, particularly as the
defendant is in a position of having unvetted access to (children)," police prosecutor
25 Sergeant Kai Peninkilampi told the court.
Police allege between July 21 and August 13 Fuller had 13 online chat sessions with an
officer masquerading as a 13-year-old girl.
"During these communications, the accused masturbated on webcamera ... on other
occasions he instructed and encouraged (the girl) to masturbate herself with her fingers. He
30 also arranged meeting (the girl) for the purpose of engaging in sexually explicit acts,"
police facts before the court said.
Fuller's face was captured by webcam during five of the online conversations, police said.
In applying for bail, Fuller's solicitor Greg Walsh called evidence from another Sydney
priest who has known the accused for several years.
35 Father Terry Bell, currently acting in the position of bishop for the Western Sydney
diocese, said Fuller worked hard and had a "very good reputation in the community",
adding he was "shocked" when he heard the allegations.
Fr Bell offered $25,000 of church money as bail and accommodation at a church-owned
property at Terrigal in support of Fuller's bid to be released on bail.
40 Dressed in denim jeans and a zip-up tracksuit top, Fuller sat quietly in the dock of the court
during the proceedings.
Mr Walsh said there was no suggestion in the facts that any child "before this alleged
behaviour, has been put at risk or preyed upon by this man".
14-4-2010 Page 10
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Labelling the charges as "serious", Magistrate Peter Miszalski granted Fuller bail, requiring
that he report to police three times a week, surrender his passport, not use the internet, and
not be in proximity to children or attend places such as schools, the movies and sports
grounds.
5 The church was required to lodge $25,000 cash as part of the bail conditions.
Fuller is due to next appear in the same court on October 8.
The Archdiocese of Sydney on Friday said Fuller was "immediately stood down from his
ministry" and would remain so pending the outcome of the court proceedings.
"This is appalling and distressing news," Sydney Archbishop Cardinal George Pell said in a
10 statement.
"I share the concern and alarm of parishioners, and particularly of parents and the school
community.
"I can assure them that the safety of children in our parishes and schools is paramount, and
the Archdiocese will co-operate fully with the police in relation to this and any other
15 investigation into abuse at anytime."
END QUOTE
.
QUOTE
http://au.news.yahoo.com/a/-/newshome/6040235/dhs-put-kids-in-care-of-sex-offenders/
20

DHS put kids in care of sex offenders


AAP September 16, 2009, 3:43 pm
Victoria's Department of Human Services has failed children who were placed in the care
of convicted sex offenders, Community Services Minister Lisa Neville says.
25 In his 2008-09 annual report, Ombudsman George Brouwer found DHS staff repeatedly
failed to conduct criminal checks on prospective carers of vulnerable children.
As a result, the department placed a child with a convicted sex offender, despite the child's
disclosures of past abuse by the offender.
Ms Neville conceded the department had failed in its duty of care to protect children in two
30 identified cases.
"No child should be placed in a situation where they may be at risk, and that did happen in
these cases," she told reporters.
In another case, the department took 17 days to act on a complaint that two boys, aged five
and six, were living with a convicted sex offender.
35 DHS staff are required to conduct a database search to ensure carers are not alleged to have
abused other children.
An investigation into the breach found none of the staff interviewed knew how to conduct
such a check, and staff lacked knowledge of relevant procedures.
Excessive workloads appeared to be at the root of the problem, the report found.
40 Ms Neville told parliament on Wednesday it was unacceptable that mandatory police
checks were not conducted.
"There are case studies that describe practices that are simply unacceptable," she said.
"Unacceptable to me, to the parliament and to the community.
"The safety of children is paramount ... that is why it is mandatory for the department to
45 implement police checks.
"It is unacceptable, in even one case, for the department not to follow these procedures."
She said she had asked DHS secretary Fran Thorn to conduct a review of every placement
to ensure criminal checks were carried out.
When asked in question time by opposition spokeswoman on community services Mary
50 Wooldridge whether she had abandoned her responsibility to vulnerable children and
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delivered them to sexual predators, Ms Neville said: "Can I reiterate, the safety of children
is paramount."
The ombudsman has recommended improvements, including supervision of staff, training
DHS workers in the standards for police checks, and a review of team leaders' case loads.
5 The report also found the department was failing to place vulnerable children with case
workers within a reasonable time.
One child protection supervisor had 64 children waiting to be allocated a child protection
worker.
The ombudsman said that as resources are stretched to meet demand "the threshold for
10 intervention increases".
"The rising threshold seems to either delay or prevent the investigation of serious
allegations," the report said.
Ms Neville has ordered a review of every child placed in Victorian care to ensure all carers
have undergone a police check.
15 She said legislation barred her from revealing whether any of the three children in the care
of the sex offenders had been abused but she was unaware of any police investigations into
the three cases.
Premier John Brumby said he was deeply concerned by the report.
"If you look back at every government in our states or around Australia, there would be
20 governments ... that would say in hindsight, they should have done more in relation to
protecting children," he said.
END QUOTE
.
14-4-2010 Mr G. H. Schorel-Hlavka
25 http://au.news.yahoo.com/a/-/mp/7053023/penis-sculpture-must-go-before-popes-visit/8/
QUOTE
While Australia is based on western culture and the institution of marriage we are
going down the path that any kind of a relationship is accepted by politicians as a De
Facto marriage so they can get more votes. In it they neglect to consider the harm to
30 society. We do not want marriages introduced with under aged children (Yemen) or
with animals or even a pillow as has been reported.
We need politicians who are not just going to a church for photo opportunities but
then willing to embrace any deplorable conduct for the sake of being re-elected.
We need “LEADERSHIP” but not the kind of a waste of taxpayers monies, etc.
35 We the people elected politicians to act in our mutual interest not for themselves to
pursue perks.
END QUOTE
.
QUOTE
40 http://au.news.yahoo.com/a/-/mp/7055205/priest-abuse-victims-demand-meeting-with-
pope/
Priest abuse victims demand meeting with pope
AFP April 13, 2010, 12:54 pm
45 VATICAN CITY (AFP) - Victims of paedophile priests in Malta have
demanded a meeting with Pope Benedict XVI when he visits the island this
weekend.
The demands came as the Vatican steps up its defence of action taken over
abuse scandals, releasing new guidelines on Monday which state that
50 accused priests should be handed over to civil authorities.

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Eleven Maltese who claim to have been sexually abused as children by
Roman Catholic priests demanded that the pope apologise personally when
he visits the Mediterranean island on Saturday and Sunday.
If the pope agrees, it will be his first meeting with victims of predator priests
5 since 2008, when he met groups in the United States and Australia.
"We are asking to meet the pope so he can apologise to us in person,"
Lawrence Grech told a news conference on behalf of the 11. "We want to
meet the pope for a few minutes to help us heal and to overcome this
trauma."
10 Vatican Secretary of State Tarcisio Bertone noted at a news conference in
Santiago on Monday that Benedict had met with "many victims... and is
prepared to meet others."
The Catholic leadership has been thrown on the defensive by scandals
which have erupted in Ireland, Austria, the United States and the pope's
15 native Germany in recent months.
Benedict has faced allegations that he failed to take action against predator
priests, both as head of the Vatican's top doctrinal and morals enforcer and
earlier as the Munich archbishop.
On Friday he faced fresh charges that he dragged his feet over a predator
20 priest in California.
The new guidelines posted Monday on the Vatican website
http://www.vatican.va" rel="nofollow">www.vatican.va said priests accused
of sex abuse should routinely be turned in to civil authorities.
"Civil law concerning reporting of crimes to the appropriate authorities
25 should always be followed," the guidelines state.
The document confirms that the pope can intervene directly to remove an
offenders from the priesthood "in very grave cases where a civil criminal trial
has found the cleric guilty of sexual abuse of minors or where the evidence
is overwhelming."
30 The head of the Vatican newspaper, L'Osservatore Romano, praised the
Church's handling of the abuse scourge on Monday.
The Church "is the only institution to address this problem that concerns all
of society in an exemplary manner," editor-in-chief Giovanni Maria Vian told
the foreign press in Rome.
35 In Santiago, Vatican number two Bertone said the pope was likely to take
additional "surprising" initiatives against paedophilia by clergy.
He noted that other faiths suffered from the scourge of paedophilia and that
the Catholic church made up only "a small percentage" of the thousands of
cases in UN statistics.
40 The Vatican has been faulted for a perceived strategy of blaming the media
for playing up the paedophile revelations, accusing them of trying to smear
the pope.
Experts have said that the Vatican's approach was a sign of weakness, and
that the Church should take full responsibility for the scandals.
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But Vian praised the way the pope, who will turn 83 on Friday, has handled
the scandals, describing him as a "great communicator", even if John Paul II
stood out for his especially deft handling of the media.
"Each one has had his style," Vian said.
5 The heightened communications by the Vatican "reflect a realisation that
they are taking a beating in the court of public opinion," said Vatican expert
John Allen of the National Catholic Reporter in the United States.
"This has been an extraordinarily damaging story for them (and) they're
trying to project a better image," Allen told AFP.
10 END QUOTE
.
QUOTE
http://www.toowoombapressreleases.com/?id=123132
ECUSA: A History of Sexual Abuse by Clergy
15 Date 2004/3/24 17:41:00 | Topic: News
A HISTORY OF SEXUAL ABUSE BY EPISCOPAL CLERGY

MINNEAPOLIS,MN-An organization calling itself SNAP (Survivors Network of those


Abused by Priests) will file a lawsuit against an Episcopal priest who abused a California
20 youngster years ago, and still serves in a parish today. David Clohessy, 46, a national
director of SNAP told VIRTUOSITY that he could not name the priest pending the suit, but
would release the name shortly. Clohessy did express one serious concern. "I fear that some
400 ex-Roman Catholic priests will surface in other denominations including the Episcopal
Church." (Aug. 2, 2003)
25
South Australia, AUS. A South Australian police task force into child sex abuse within the
Anglican Church had identified 217 victims and 48possible offenders, police said today.
However the number of victims could rise to more than 400 as investigations continued,
Police Commissioner Mal Hyde said. Mr Hyde today likened the scale of police
30 investigations into child sex abuse to those for the infamous Snowtown bodies-in-the-
barrels murders in 1999. (The Age, July 16 2003)

Major sex abuse uncovered in Anglican Church


Vicar Rev Robin Everett of Castle Donnington, Leics, is convicted of indecently assaulting
35 two young girls. (UK Telegraph, June 7, 2003)

Vicar faces prison for sex assaults


Queensland, AUS. In the small town of Seymour, townspeople are shocked to learn that the
late Anglican Fr. Sapsford molested dozens of alter boys while he was married with
40 children, and after his serial molestation at another church was revealed in 1996. There are
allegations by the parents of the victim boys that the Archbishop covered up the original
allegations. The church is not compensating victims while they consult with legal counsel.
Anglican Father Walliker says he is not shocked as he has seen this before in the Anglican
Church. (ABC online, May 8,2003)
45
Cover-up left paedophile to prey on Vic altar boys
PROVINCETOWN,RI. The pastor of an Episcopal church in Provincetown has resigned
and left town after admitting he sexually molested a teenage boy more than25 years ago
while assigned to a Maryland parish, church officials said. On Thursday, a 48-year-old man
50 told the Baltimore diocese that he was molested by Barasda, who was a priest in the
victim's parish. The abuse allegedly started in 1966, when the victim was 14 years old, and
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continued for two years, Arnold said. (The Boston Globe, 12/25/2002)

Episcopal pastor admits molestation


DENVER-- A former Denver school teacher and Episcopal priest accused of sexually
5 assaulting at least two boys in his Denver home was sentenced Thursday morning to 24
years in prison. Donald Shissler, 68, pleaded guilty to the charges in August as part of a
plea bargain. He was originally charged with two counts of sexual assault on a child, two
counts of sexual assault on a child by a person in a position of trust one count of sexual
assault on a child -- pattern of abuse, and one count of sexual exploitation of children.
10 Based upon evidence found in his home earlier this summer, there may be as many as 20
additional victims, detectives said. Police said they seized hundreds of pornographic
pictures and videos from Shissler's house when he was arrested. Rappaport concluded in
her sentencing remarks that Shissler is a sexual predator who clearly committed crimes
against young boys for almost 18 years, including sexually assaulting a boy he adopted.
15 Prosecutor Kerri Lombari called Shissler's case "the most disturbing case I have ever
worked as a prosecutor." (October 17, 2002)

CROWLEY Michael James, 58 Hobart psychologist and former head of Anglican Church's
independent inquiry into child sex abuse. Appears in Hobart Magistrates Court charged
20 with maintaining sexual relationship with minor between January 1973 and February 1976.
Offences allegedly occurred at Fern Tree, Pontville and Hobart when victim aged 13 to
16.Court hears Crowley, of Howden, appointed by Anglican Church in 1997 to examine
allegations of child sex abuse levelled against some clergy members and church officials.
Court told Crowley co-authored report Not The Way of Christ in 1998 which contained 31
25 recommendations on how sex abuse allegations could be handled by church. (Tasmania,
Australia,2002).

McAULEY Canon Ross Leslie Stewart Brisbane senior Anglican priest, St John's
Cathedral precentor, choirmaster and Church Sexual Abuse Committee member. AUS
30 Governor-General and former Brisbane Anglican archbishop Peter HOLLINGWORTH
comes under fire after appointing McAuley to Church Sexual Abuse Committee while
Brisbane archbishop despite being aware of allegations that McAuley sexually abused 2
males. One victim, choirboy aged 15, was allegedly assaulted in 1975 at Brookfield,
Brisbane. In 1995, Hollingworth appoints McAuleyto Sexual Abuse Committee despite
35 protests from first victim. In 1997,Sexual Abuse Committee warns Hollingworth that
McAuley should not be left in charge of young members of choir. In 1999, McAuley leaves
Anglican Church 18 months after making inappropriate sexual advance to male victim,
aged 24, with whom he had "tangled relationship". Anglican sources describe McAuley as
sexual predator. (Queensland, Australia,2002).
40
BRAZIER Reverend Peter William, 56 Kingston-Robe Anglican priest. Receives 2 year
and 6 month jail sentence in Mt Gambier District Court after pleading guilty to 7 sex
charges, including 6 counts of indecent assault and 1 of unlawful sexual intercourse, against
boy, aged 15, in 2001 while priest at Kingston-Robe parish, southeast of Adelaide. Court
45 hears Brazier, of Parafield Gardens, in Adelaide's north, abused position by giving boy
alcohol, cash and showing him blue movie. In 1994, Brazier received 2year suspended jail
term after pleading guilty to 3 charges of indecently assaulting boy, aged 16, while priest at
Tailem Bend-Meningie parish, southeast of Adelaide. Church in 2002 criticised for shifting
priest with child sex conviction to another parish and recommendation made that in future
50 all priests and lay workers in SA undergo police checks before being employed by church.
(SA, Australia,2002).

ELLIOTT Reverend John Litton, 69 Brisbane Anglican priest, rector and former Church of
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England Boys Society (CEBS) chief commissioner. Receives maximum 7 year and 6 month
jail sentence in Brisbane District Court after pleading guilty to 28 sex charges, including 10
counts of sodomy and 18 of indecent dealing, involving 5boys, aged 10 to 13, in early
1970s at Wide Bay, QLD. Court hears Elliott, who set up Wide Bay Anglican youth group,
5 encouraged "corrupting" behaviour including skinny-dipping and playing strip poker and
that offences occurred at local church and in priest's own bed. Investigations reveal Elliott
ordained in 1986, after offences occurred, and ministered at Bundaberg, Nanango and
Dalby parishes. AUS Governor-General and former Brisbane Anglican archbishop Peter
HOLLINGWORTH comes under fire after reports reveal he appointed Elliott rector of
10 Nanango in 1990 and Dalby in 1991 while archbishop between1989 and 1991.
(Queensland, Australia, 2002).

ELLMORE Reverend Robert, 64 Hunter Valley Anglican priest and Justice of Peace.
Receives11 year jail sentence in Sydney District Court after being convicted on6 charges of
15 indecently assaulting 3 girls, aged 8 to 12, between 1981and 1984 at Cumnock and West
Wyalong, in central eastern NSW, and again in 2001 in Sydney's south. In 1999, Ellmore
received 12 month jail sentence in Liverpool District Court after pleading guilty to
indecently assaulting 2 sisters, aged 6 and 8, and another girl, aged7, in 1976 while training
for priesthood at Newcastle college, north eastern NSW. Court hears Ellmore, who was
20 ordained in 1978,assaulted sisters in Hunter Valley and molested 7 year old in vestry of All
Saints Anglican Cathedral, Bathurst. In 1998, Ellmore accused of abusing twin girls, aged
7, at Regents Park, in Sydney's south-west. Charges later dropped. In 1991, Ellmore
received 5 year good behaviour bond and $5000 fine for molesting own granddaughter,
aged 5, on weekend trip to Mudgee, central eastern NSW. In 1984, Ellmore accused of
25 sexually abusing girl, aged 8, after confirmation class in central NSW parish residence. In
1967 Ellmore received fine for indecent exposure in park at Blues Point, Sydney. In 1957,
Ellmore received 1 month jail sentence for aggravated assault of girl, aged 10, at
Toowoomba, QLD.2002 reports reveal Ellmore still wore dog collar at time of arrest
for2001 offence and that he was first Anglican priest to be defrocked and stripped of holy
30 office in living memory. (New South Wales, Australia,2002).

KITCHINGHAM Reverend Allan, 69 Hunter Valley Anglican priest. Receives 2 year and
9 month jail sentence after pleading guilty in Newcastle District Court to 5 counts of
indecent assault against boy, aged 13, in 1975 at North Coast Children's Home, Lismore.
35 Victim, who described ruling as "joke", claims priest assaulted him "several times a week
for a year" and that church officials put him on bus toKings Cross after complaints made.
(New South Wales, Australia, 2002).
HAWKINS Reverend Garth Anglican priest and former Church of England Boys Society
(CEBS) chief commissioner. Found guilty by Anglican Church tribunal of child sex
40 offences. (Tasmania, Australia, 2002).

HAZELDINE Phillip, 55 Gippsland former Anglican school teacher. Receives 18 month


jail sentence in Melbourne Magistrates Court after pleading guilty to sexually assaulting 5
school students between 1977 and 1981 while teacher at Gippsland Grammar, Sale. Court
45 hears Hazeldine, of Buninyong, west of Melbourne, often touch young boys when he was
alone in their company and that victims were students in grades 3 to 6.(Victoria, Australia,
2002).

HOLLINGWORTH Dr Peter John, 67AUS Governor-General (2001+), former Brisbane


50 Anglican archbishop(1989-2001), 1992 Australian of Year, Kids First Foundation member
and patron of Plan Australia, Barnardo's, Open Plan and National Association for
Prevention of Child Abuse and Neglect, aka Father Hollywood. Sacked from
aforementioned child group committees, banned by Australian teacher's union from visiting
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public schools, and pressured publicly and politically to resign as GG, "Australia's highest
office", over his handling of at least 6 separate sex abuse cases while archbishop of
Brisbane Anglican Church. Allegations include Hollingworth, of Yarralumla, Canberra: 1:
appointed convicted QLD pedophile priest Reverend John ELLIOTT as rector of 2
5 Brisbane parishes; 2: failed to act on child sex abuse allegations against Toowoomba
Anglican preparatory school boarding master, Kevin GUY; 3:authorised secret cash
settlements to hush up sex abuse evidence against Brisbane Anglican school counsellor,
Kevin LYNCH; 4: appointed Brisbane senior priest Canon Ross McAULEY, himself the
subject of abuse allegations, to QLD Church Sexual Abuse Committee; 5: failed to act on
10 child sex abuse allegations against former Rockhampton Anglican bishop, Donald
SHEARMAN; 6: failed to act on child sex abuse allegations against Churchie East
Brisbane Anglican Grammar school gymnastics coach, William WHITELOCK. (For other
accused or convicted Churchie offenders, see and Reverend Robert SHARWOOD.)
Hollingworth, who earns $310,000 pa as GG, criticised for being "unlike Jesus ... on side of
15 lawyers and insurers instead of on side of victims". Hollingworth also slammed for
implying on national television that schoolgirl victim, aged 14, seduced priest and not other
way around. Report notes one of Hollingworth's most openly supportive senior Anglican
figures, Bishop George BROWNING, was embroiled in controversy over sexual
misconduct with parishioner. (Queensland, Australia, 2002).
20
NAMESUPPRESSED, age 75 Brisbane Anglican school teacher and class master. Appears
in Brisbane Magistrates Court on 5 charges of indecent treatment involving 3 boys, aged 11
to 13, between 1951 and 1963 while teacher at Churchie Anglican Grammar school, East
Brisbane. Accused allegedly "taught" several students how to masturbate in early
25 1950swhile he was their class master. (Queensland, Australia, 2002).
NAMESUPPRESSED, age 39 Reverend TAS Anglican priest. Police charge Anglican
priest with pedophilia. (Queensland, Australia, 2002).
NAMESUPPRESSED, age 78 Brisbane Anglican school teacher. Appears in Brisbane
Magistrates Court charged with 31 child sex offences, including 24 counts of indecent
30 treatment, 2 of sodomy, 2 of attempted sodomy, 2 of allowing sodomy to be performed on
him and 1 of indecent assault, involving 9 boys, aged under 14, in 1940s and
1950s.(Queensland, Australia, 2002).

SAPSFORD Reverend Alan, 66Wangaratta Anglican priest and archdeacon. Ordered to


35 appear in Seymour Magistrates Court charged with gross indecency and indecent assault
against altar boy, aged 13 to 16, over 3 year period "several decades ago". Report reveals
Reverend Sapsford, of Avenel, who ceased holding Anglican church license in 1996, spent
30 years in Wangaratta church diocese and was archdeacon (one rung below bishop) from
1979 to 1996.(Victoria, Australia, 2002).
40
SHARWOOD Reverend Robert Francis Brisbane Anglican priest and school chaplain. Is
sacked as chaplain of exclusive Churchie Anglican Grammar school, East Brisbane, in
February2002 after allegations surface that he repeatedly molested young male between
1974 and 1976 while serving at Brisbane Anglican Church. Police contacted in January
45 2002 after victim learns Sharwood still working with children. (Queensland, Australia,
2002).

SHEARMAN Bishop Donald, 76 Rockhampton Anglican bishop and OBE recipient. AUS
Governor-General and former Brisbane Anglican archbishop Peter HOLLINGWORTH
50 comes under fire after allowing Shearman to serve in church while Brisbane archbishop
despite being aware of allegations that Shearman sexually abused at least 2 victims.
Reports allege Shearman, of Brisbane, assaulted one girl, aged 14, repeatedly over 2year
period in mid-1950s at St John's Church of England Hostel, Forbes, central NSW. In 1993,
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another victim allegedly went to Hollingworth with abuse claims against bishop but
apparently was discouraged from going to police. (Queensland, Australia, 2002).
GUY Kevin George,39 Toowoomba Anglican preparatory school senior boarding master.
Toowoomba Supreme Court orders QLD Anglican Church pay record
5 $834,800compensation to sex abuse victim after jury finds Brisbane diocese failed in its
duty of care to girl, aged 12, in 1990 at Toowoomba Anglican Preparatory school. Court
hears Guy, 39, formerly of Toowoomba, was charged with up to 30 sex counts against
victim but committed suicide in December 1990 on day of court appearance. Victim
support groups accuse AUS Governor-General and former Brisbane Anglican archbishop
10 Peter HOLLINGWORTH of failing to act on allegations, of hiding behind lawyers, and of
covering up sexual abuse of 20 girls at school which was then under his control.
(Queensland, Australia, 2001).

ST GEORGE'S Rockhampton Anglican children's home. Seven former residents file


15 actions in QLD Supreme Court alleging they were subjected to atrocities in 1970s
described as among worst committed against children in QLD. Litigants claim Anglican
priest attached live electrical wires to children's genitals and inserted wire implements in
their rectums. Priest also allegedly beat children using cricket bats and flushed their heads
in faeces-filled toilets. (Queensland, Australia, 2001).
20
PHILADELPHIA - After two days of testimony, a county judge took less than a minute to
decide to deny a request to grant a new trial to Fr. Robert K. Orr, 55, an Episcopal priest
convicted of possessing child pornography and distributing it on the Internet.
The defense attorney has 30 days to appeal to State Superior Court. For now, the former
25 pastor from Wyncote still faces an11- to 23-month prison sentence, handed down by the
judge April 27.Defense had argued that crucial evidence, including phone records and
witness testimony, were not adequately addressed by Orr's former defense attorney during
the March trial.
He tried to show that much of the evidence used against Orr was part of a larger conspiracy
30 that included one of Orr's former parishioners, John Ralston, whom Orr claims downloaded
the pictures and framed him. Additionally, he raised questions about a message allegedly
left by a school principal saying he had the photographs Orr requested. The recording was
later determined to be a hoax.
The assistant district attorney agreed that the message was a setup, but said that it could not
35 be used to prove that the entire case against Orr was part of an elaborate scheme to get him.
Instead, she said much of Grimes' questioning amounted to a "smear campaign," to target
Ralston.
Police acting on a tip found about 20pictures of children engaging in sex acts on the new
computer in Orr's church office at in May 1998. Shortly after his arrest, Orr was relieved of
40 his priestly duties by the Episcopal Diocese of Philadelphia. He was later inhibited,
meaning he cannot perform in a religious capacity, pending a church investigation. Inquirer
6/7/99,3/11/99

DANIELS Reverend Louis Victor, 51 Burnie Anglican archdeacon and former Church of
45 England Boys Society (CEBS) leader. Receives 9 month jail sentence in Hobart Supreme
Court after pleading guilty to 6 child sex charges, including 4 counts of indecent assault
and 2 of committing oral sexual intercourse, against boy, aged 14, in1992 while rector at St
George's Anglican church, Burnie. Court hears Daniels, who was extradited from Canberra,
assaulted boy on TAS northwest coast and that charges were laid following church inquiry
50 into sexual misconduct of priests. (Tasmania, Australia, 1999).

NAMESUPPRESSED, age 23 Canberra Anglican deacon. Receives 5 year jail sentence


after being convicted in ACT Supreme Court on incest-related charges, including indecent
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assault, against daughter, aged 13, over 4year period. Name SUPPRESSED BY COURT
ORDER to protect daughter. Court hears character reference from Canberra Bishop George
BROWNING who in1999 was found guilty by church inquiry of adultery with female
parishioner. For other accused or convicted Canberra Anglican offenders, see Reverend
5 John AITCHISON, Bishop Owen DOWLING and Reverend Eric GRIFFITH. (ACT,
1999).

BROWN Stephen John, 49Sydney Anglican Boys Society camp caretaker and youth group
leader. Found hanged in cell at Silverwater Remand Centre 2 days before facing Sydney
10 Local Court over 170 child sex offences, including committing unlawful sexual intercourse
and aggravated indecent assault, against 27boys, aged 11 to 17, between 1979 and 1998 at
18 locations across NSW. Court hears Brown, of Blackheath, committed many offences
while caretaker with Church of England Boys' Society at Loftus, south of Sydney, and
while leading skiing, canoeing, camping and shooting trips across country NSW. Police
15 claim Brown's victims highest ever attributed to single alleged sex offender in NSW. (New
South Wales, Australia, 1999).

DANBURY, CT. - A former priest has been defrocked by the Episcopal Church for
allegedly offering oral sex to a13-year-old boy as a "confirmation gift." Fr. Bruce Jacques
20 was removed as a priest from the Diocese of Connecticut after he unsuccessfully appealed a
similar decision made by a lower church court, the diocese announced. The embattled
pastor, who denied the boy's accusations, resigned from his parish in Feb. 1995, after the
boy's family went public.
Jacques had been pastor for more than 10 years in 1984, when church officials reviewed the
25 accusation and ruled that he could remain at the church if he received counseling. But the
boy's family objected. He sued the family in 1995, and the boy's parents filed a countersuit.
Both suits were withdrawn after a settlement in 1997. No criminal charges were filed
against Jacques.
In Sept. 1997, the diocese ecclesiastical court found Jacques in violation of his ordination
30 vows and "conduct unbecoming a member of the clergy." He unsuccessfully appealed that
decision. AP, 11/10/98

ST.PETERSBURG, FL. - A family is suing the Episcopalian Diocese of Southwest Florida


and the Church of the Good Shepherd in Punta Gorda, charging a deceased assistant priest
35 molested their son.
According to a civil suit, Fr. Greydon Copeland "exploited the power of his position ... to
perform lewd and lascivious, homosexual acts" on the boy, now an adult, while he went to
the church there from 1985 to 1989.The boy was a minor at the time.
The suit alleges Copeland told the boy that if he told anyone about the molestations, his
40 family would be humiliated and harmed, and the community would ostracize him. The
boy's father was studying to become a Episcopal priest at the time. The boy apparently
made the allegations after Copeland was investigated by the church on charges he molested
another minor while serving at another parish.
The suit claims Copeland did not deny the allegations when confronted by church officials
45 in May 1994 and that he committed suicide immediately afterwards.
Bp. Rogers Harris and Rector Vincent Scotto of the parish are also named as defendants in
the suit. Scotto said he remembered that Copeland was questioned by Harris and another
bishop about the incident, and that Copeland committed suicide, but did not know the
details of the alleged molestations.
50 Copeland did perform some services but did not perform children's Sunday School services
or have contact with the church's youth other than the families with whom he was directly
involved, he said.
The family seeks a jury trial and monetary damages against the defendants on 13charges,
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including negligent hiring and supervision, fraud and negligent infliction of emotional
distress on all of the family members. The unidentified family contends the son is "severely
and permanently injured" by the charged molestations. He continues to incur expenses for
medical, psychiatric and psychological treatment, therapy and counseling. Sun-Herald,
5 2/17/99

VINELAND - A lawsuit filed by a teen-age girl who was an altar server, choir member and
Sunday school aide accuses an Episcopal priest of sexually assaulting her. The lawsuit was
filed on behalf of the family of the unidentified girl, now18 and living in another county. A
10 second lawsuit filed there the same day alleges the priest also fondled a 40-year-old
parishioner.
The lawyer representing the two unidentified women said they came forward after speaking
with six or seven other parishioners who made similar claims against Fr. Thomas
Berlenbach. Berlenbach and his lawyer denied the allegations. The diocese removed
15 Berlenbach from his post at the Trinity Episcopal Church in Feb. 1997. He faces a trial in
the diocese's ecclesiastical court.
The county prosecutor would not comment on whether Berlenbach was ever investigated
on criminal charges, but said no investigation is pending. The lawsuit seeks compensatory
and punitive damages, medical and legal expenses, and payment for the clients' lost
20 capacity to earn money in the future.
In the summer of 1994, the girl, then 14, was "violently raped" in abasement meeting room
during a coffee hour after a Sunday service, according to the lawsuit, and 3 years later, the
girl was sexually assaulted in Berlenbach's office.
The second lawsuit claims a woman, now 40, was abused by "inappropriate touching of the
25 plaintiff's lower torso" on Feb. 22, 1997. The lawsuits also name Bps. Mellick Bellshaw
and Joe Morris Doss as defendants, alleging they knew about Berlenbach's "deviant sexual
conduct" before the women were abused, but failed to investigate. AP, 1/30/99

WILLIAMSBURG, VA. -Plaintiffs in a sexual molestation lawsuit against Bruton Parish


30 Church are alleging that a former priest abused children and had a sexual relationship with
a male teen-age baby sitter.
The lawsuit stems from charges first filed against baby sitter Richard Wescott Weaverling,
who was later convicted of multiple sex crimes and sentenced to 73 years in prison.
Weaverling molested children in their homes and at the 300-year-old Episcopal church,
35 where he baby-sat with his mother from Jan. 1993 until Sept. 1994. The plaintiffs allege
that John A. Grubb, a church member, and Fr. Michael W. Jones, the associate rector, also
took part in the abuse. The amended suit raises to more than $250million the amount of
damages sought by the 35 plaintiffs, who include more than a dozen children.
Jones, now rector in Chesapeake, denied the allegations. Grubb has an unlisted phone
40 number and could not be reached. No criminal charges have been lodged against Jones or
Grubb, but prosecutors said they are continuing to investigate the case. AP,10/14/98_

DENVER - An Episcopal priest will be leaving her parish and moving to another after
acknowledging that she had "relationships" with two women in her congregation. The
45 admission by the Rev. Sandra Wilson, 45, a black female pastor was cited in a confidential
memo from Colorado Episcopal Bishop Jerry Winterrowd.
The memo's recipients are not identified, but sources said it was written to two women who
accused Wilson in late March of "sexual and ethical misconduct," prompting Wilson's
suspension from the pulpit. A third woman also filed a complaint but the nature of it has
50 not been made public. Although a diocesan "response team" found the women's complaints
"credible," Winterrowd reinstated Wilson saying the case was closed.
Wilson denies any "exploitation of those parties or abuse of her role" as a priest, the
bishop's memo says. But official guidelines of the Episcopal Church forbid a priest from
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having a sexual relationship with a member of his or her congregation.
Wilson declined comment on the memo because of a confidential agreement between
Wilson and her bishop. (9/7/98 Denver Post)

5 CHARLESTON,WV. - The state Supreme Court refused to reinstate a man lawsuit that
claims he was sexually molested by an Episcopal priest when he was a boy but repressed
memories of it until years later. The man claimed the memories resurfaced while under
hypnosis, but in an unanimous opinion the court said the lawsuit was filed too late.
In 1996, the man filed a suit against Fr. H. Willard White, and the Protestant Episcopal
10 Diocese of West Virginia, claiming the diocese knew White had a "proclivity for deviant
sexual behavior" and did nothing about it. White and the church immediately sought to
have the case dismissed because of the statute of limitations. The county circuit judge
agreed and the high court upheld his ruling. White's attorney said the molestation never
occurred and White was surprised by the allegations.
15 White is still a minister and lives somewhere in Tennessee. He has never been charged with
a crime and no one has ever made a similar allegation against him, his lawyer said. (6/23/98
Associated Press)

NEWYORK CITY - A Manhattan judge has declined to hold the Episcopal Diocese or
20 Trintity Church Retreat civilly liable to a man who was allegedly sexually assaulted by one
of the retreat's priests. Judge John Koeltl found no merit to claims that the church should be
held responsible for Fr. Masud Syedullah's alleged sexual assaults on a former parishioner
of his from Oklahoma. The judge did allow the plaintiff to proceed against Syedullah on
the claims of assault and battery, false imprisonment and intentional infliction of emotional
25 distress. (2/27/98)

DALLAS - A youth minister of the Church of Christ has been arrested after allegedly
sending nude pictures of himself to a 14-year-old girl over the Internet. Matthew
Washington,23, was charged with distribution of harmful material to a minor. Police said
30 Washington sent her four photos of him seated nude on an exercise bike at the church after
talking to her in an Internet chat room. The girl showed them to her mother who alerted the
police. Washington was released on bail but faces up to one year in jail and a$4,000 fine.
(12/22/98)

35 PORTAGE, WI. - Episcopal Church officials here and in Ft. Worth, Texas, allowed a now-
imprisoned man to become a priest despite accusations of sexual misconduct during his
seminary training, police records show. Defrocked priest Eugene Maxey,43, now serving
20 years in Wisconsin, admitted to police that he abused four boys at Nashotah House, a
Wisconsin seminary, in the late1980s, some of them dozens of times. He denied sexually
40 molesting a young man there whom he had driven up with from Texas and gotten drunk,
saying it was consensual. No charges were filed in that incident nor in regards to his
confession to police of abusing boys in Albany, New York, after ordination. Maxey served
there until the early 1990s and then worked at parish in Chester, England, until his arrest.
Signs of trouble first surfaced by early 1986, when a fellow seminarian told the dean that
45 she suspected Maxey of trying to seduce her 12-year-oldson. Police records show that men
who lived in the dormitory with Maxey backed up her claims, saying boys often visited him
behind closed doors.
The dean at the time, Fr. Jack Knight, said it was only "innuendo" and Maxey denied
wrongdoing. Knight is himself now suspended from the priesthood for sexual misconduct
50 with a Colorado woman.
After more allegations were made, Maxey was allowed to transfer his allegiance to the
Albany diocese. Fr. Rex Perry, who worked at the seminary and served as mediator,
resigned last year as a pastor in Dallas after pleading no contest to fondling a Dallas police
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officer in a public restroom. Since completing a probationary sentence, he is now an
assistant pastor in Baton Rouge.
Several people interviewed by police at Nashotah House, one of the most conservative
Episcopal seminaries in the country, said that at the time consensual adult misconduct was
5 common there, describing heterosexual adultery, homosexual promiscuity and faculty-
student liaisons.
Five prosecutions resulted from the investigation. Along with Maxey, Fr. Russell Martin,
39, also sponsored by the Ft. Worth diocese and now suspended, was convicted for three
incidents of child-abuse, and is serving a four-year term which he is appealing.
10 Along with another seminarian, courts found they abused a young teenage boy whose
stepfather was studying for the priesthood at the seminary at that time. The victim came
forward in early 1994 with allegations of everything from fondling to rape, sometimes
accompanied by pornography and drug use. This led to the identification of other victims of
Maxey, most of whom were also sons of fellow seminarians. (10/5/97)
15
WYNCOTE,PA. - A suburban Philadelphia Episcopalian priest is facing child pornography
charges. Fr. Robert Orr, 54, was arrested after images of young boys engaging in sex acts
was found on a computer at his church in Wyncote, where Orr is the rector. He was being
held on $50,000 bail at the pending a hearing scheduled for mid-May. (1998))
20
TRENTON- The state Supreme Court said that the trusting relationship a person has with a
religious leader has legal weight and a clergy member can be sued for sexual misdeeds that
abuse that trust. However, the court stopped short of opening doors for lawsuits against
clergy specifically for malpractice, like doctors and therapists. It concluded that a mal-
25 practice rule for clergy would violate the First Amendment.
The case involved Episcopal priest Fr. Alex Mac Donell, who had counseled a female
parishioner who claimed that in 1992-3, Mac Donell, who was married, engaged her in
sexually intimate behavior, but not intercourse, when she visited. She alleges the distress
led to a suicide attempt and required psychiatric hospitalization.
30 After Mac Donnell left the church, she confided in his successor, Fr. Fletcher Harper, about
their affair. She said Harper violated her confidence, telling the congregation about the
affair during a sermon and in a church newsletter.
After a dismissal of the suit and a reversal on appeal, the Supreme Court struck a middle
ground, permitting the lawsuit on breach-of-trust points only. Lawyers on both sides
35 claimed victory. (7/23/97)

NEW YORK CITY -- An Episcopal Church investigation confirmed allegations, raised in


Penthouse magazine, that Episcopal priests in Brooklyn held sex orgies with youths,
including young men brought from Brazil. (The Living Church magazine, 6/29/97)
40 LYNCH Kevin John, 64 Brisbane Anglican school student counsellor. Found dead in car
just hours after being charged with 7 counts of indecent assault against boy, aged 14,
between 1992 and 1993 while counsellor at St Paul's Anglican College, Bald Hills, in
Brisbane's north. Described by victim support group as one of QLD's most audacious child
molesters. Lynch allegedly abused countless number of boys, aged 10 to 16, while at St
45 Paul's Anglican College, Bald Hills (1989-1997), and St Joseph's Christian Brothers
College, Gregory Terrace, Brisbane (c1979-1989).Also taught at Brisbane Grammar. Law
firm Shine Roche McGowan estimates at least 23 potential litigants from St Paul's alone. In
2002,allegations surface AUS Governor-General and former Brisbane Anglican archbishop
Peter HOLLINGWORTH authorised secret cash settlements to hush up evidence of sexual
50 abuse against Lynch. (Queensland, Australia,1997).

BAZELY Reverend Frank Dennis Martin Perth Anglican priest. Receives maximum 5 year
jail sentence in Perth court after pleading guilty to 12 child sex charges, including 9 counts
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of indecent assault and 3 of carnal knowledge, against 3 children, aged 6 to 16, between
1969 and 1975. Court hears Bazely, of Belhus, Perth, indecently assaulted 2 boys as well as
their sister. (Western Australia, Australia, 1997).

5 FISHER Mark Geoffrey, 55 Sydney Anglican church choirmaster and scoutmaster.


Receives 18 month jail sentence in Parramatta District Court after pleading guilty to 11
child sex charges against 8 boys, aged 11 to 15, between 1969 and 1988 while Anglican
church choirmaster and 1st Hunter's Hill scoutmaster in Sydney. Fisher, of Hunter's Hill,
originally charged with 35 child sex offences. (New South Wales, Australia, 1997).
10
UNDERWOOD Frederick Charles, 58Bunbury Anglican youth group leader and
scoutmaster. Receives 12 year jail sentence in Bunbury District Court after pleading guilty
to 92child sex charges, including 79 counts of indecent dealing, 10 of gross indecency, 1 of
inciting indecent dealing and 1 of attempting carnal knowledge, against 17 boys, aged 8 to
15 16, between 1971 and 1991 in WA. Originally charged with 500 sex offences against 25
boys. Some victims reportedly committed suicide or molested children themselves after
assaults occurred. Church allegedly knew of offences in 1984 but permitted Underwood, of
Bunbury, south of Perth, to continue preying on victims for 7 more years. (Western
Australia, Australia, 1997).
20
BLENCOWE Peter Scott, 39 Melbourne Christian school teacher. Pleads guilty in
Melbourne County Court to 6 counts of committing indecent act on 5girls, aged under 16,
between 1991 and 1993 while teacher at Westbourne and Williamstown Grammar school,
in Melbourne's west. Court hears Blencowe, of Newport, encouraged girls to touch him
25 through his pants. Judge describes offences as "bizarre and ludicrous". In 1980, Blencowe
placed on 3 year probation after being convicted on 5 counts of indecent assault against 3
young girls at Dandenong primary school where he taught. In 1993, Blencowe accepted
position as head of junior campus of Firbank Anglican Girls School, Brighton, where he
worked until charges laid in 1995. (Victoria, Australia, 1996).
30
AITCHISON Reverend John Phillip, 45 Canberra Anglican priest. Receives maximum
3year jail sentence in Queanbeyan District Court after being convicted on 2 counts of
performing indecent act on boy, aged 10 and 13, in 1987and 1989. Court hears Aitchison,
of Canberra, committed first offence while deacon at Ainslie All Saints Anglican church,
35 Canberra, and second offence while minister at Bombala Anglican Rectory, southeast
NSW. Court told Aitchison rubbed talcum on boy's genitals, performed oral sex on him,
then clothed him in nappies. Records show Aitchison ordained in 1988 despite being
convicted in Wangaratta Magistrates Court in 1973 on 2 counts of indecently assaulting
girl, aged 7, and her brother, aged 8, between 1970 and 1971. (ACT, 1996).
40
NAMESUPPRESSED, Reverend Sydney Anglican priest and rector, aka AC1.Appears
before Justice James Wood's NSW Royal Commission into Pedophilia accused of sexually
abusing girl, aged 14, in 1980 at his North Sydney parish. Commission hears AC1, who
forced victim to perform oral sex on him and other acts, commenced 3 year affair with girl
45 soon after she began attending Bible and confirmation lessons. Priest described before
commission as "disgrace". (SM 960508; 960509) For other accused or convicted church
offenders exposed during Wood Commission, see Robert "Dolly" DUNN, Brother Michael
EVANS, Brother Brian GORDON, Brother John LITTLER, Brother NAME
SUPPRESSED, age 15 and Brother Francis RILEY. (New South Wales, Australia, 1996).
50 Anglican Pastor John Phillip Aitchison, Canberra 1996, 18 to 36 months for indecency on a
boy (plus various other court appearances);
Utah. Episcopal bishop Steven Plummer was reinstated as the bishop of the Navajo Indians
on June 1. Plummer, who admitted he had a 2 year sexuall relationship with a teenage boy,
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took leave of absence last year after acknowledging the allegations. He was granted
absolution and was given counseling. The young man he abused also received counceling.
Episcopalians are divided on Plummer's return. (The Milwaukee Journal,4/21/95)
Anglican Pastor Robert Winston Duffield, of Victoria and NSW, 6 months suspended jail
5 term (Melbourne, 1995) for gross indecency against a boy;

SOUTH CAROLINA. Episcopal Priest on Church Trial. Rev. Antoine Campbell of


Charleston was relieved of his duties during a second church trial on charges of
misconduct. He was cleared of charges of sexual misconduct in a previous church trial.
10 Source:_San Antonio Express- News_ 3/30/94.

EPISCOPAL TEACHERCHARGED WITH MOLESTATIONS. A Sunday school teacher


and church elder at St. Cuthbert's Episcopal Church in Harris County has been charged
with the sexual molestation of 2 male teens. A third boy, 15, may be a victim also. Assaults
15 began in May 1992 and ended this February after a boy, 16, told his mother that Richard
Dick Gray, 59, had molested him. Gray admitted having sex with another boy, 14. Gray
was released on$20,000 bond. The 16-year-old is under psychiatric care and cannot testify.
One mother invited Gray into her home to be an adult male role-model for her son. While
she was away, Gray molested the youth. Gray was also accused of molesting a family
20 member 20 years ago, for which his relatives have severed ties with him. Gray was also
arrested10 months ago for exposing himself to an undercover officer in an adult book store.
Source: _Houston Chronicle_ 4/27/94.

Palmdale, CA. An Episcopal priest of Palmdale, Robert. L. Ducker, 63, received the
25 maximum sentence of 12 years in prison for repeatedly molesting 2parishioner boys.
(Inland Valley Daily Bulletin, 6/26/94)

KING Reverend Gordon Virgo, 70 Cairns Anglican priest. Receives 4 year jail sentence in
Townsville District Court after being convicted on child sex charges, including committing
30 unlawful sexual intercourse and indecent dealing, against boys, aged under 16, in 1994 at
Anglican youth drop-in centre, Cairns, QLD. In 1993, received 12 month jail sentence after
being convicted on charge of gross indecency against young man between 1962 and 1963.
Also, in 1956, received 12 month jail sentence after being convicted in Perth court on 4
charges of indecent dealing with boy, aged 14, in WA. (Queensland, Australia, 1994).
35
PAINTER Reverend Michael Roderick, 54 Perth Anglican priest. Receives 3 year
probation and 240 hour community-based order in Perth District Court after pleading guilty
to 2 charges of indecently assaulting boy, aged17, at Mt Hawthorne Anglican rectory,
Perth. Court hears boy awoke to find Painter, of Middle Swan, Perth, performing oral sex
40 on him. Priest found dead in car south of Perth after sentencing. (Western Australia,
Australia, 1994).

EPISCOPAL PRIEST CHARGED WITH SEXUAL BATTERY. An Episcopal priest,


Douglas Hodges, 57, was charged with sexual battery, a 3rd-degree felony, in a 1991
45 incident involving a parishioner in counseling. A Fostoria woman and her husband, who
said Hodges had sexual intercourse with her during counseling, had previously filed a civil
suit against Hodges, Bishop James Moodey of the Episcopal diocese of Ohio, Trinity
Episcopal Church, Fostoria, and the owner of the counseling center. An episcopal official
says Hodges is no longer a priest, but declined further comment. Source: _ToledoBlade_
50 2/11/93.

PARISH SUPPORTS PORTLAND PREYING PASTOR. Prominent pastor Rev. Willie B.


Smith, 64, former president of Ecumenical Ministries of Oregon, is accused of sexually
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abusing 3teenage girls at First African Methodist Episcopal Zion Church. He was charged
with 11 counts of 1st degree sexual abuse, a felony, and 1count of 3rd degree sexual abuse,
a misdemeanor. Pastors in the community were quick to speak about his "exemplary" work.
Two of the victims told police Smith had cornered them in his church office and groped
5 them. A third said she was repeatedly abused by Smith for 16months, beginning in
September 1990. The victims were 12, 13, and 17 at the time of the incidents. Almost every
parishioner lined up to hug, kiss and reassure Smith following the arrest. Source:
_Oregonian_3/13,15/93.

10 EPISCOPAL PRIEST, "ABOVE REPROACH", SUED, INVESTIGATED. Six women


including one filing a $4 million civil lawsuit have accused Byron Bruce Newell, 60,
former assistant pastor of Falls Church Episcopal Church, of sexual molestation or
advances. The plaintiff alleges Newell forced her into sexual activities during counseling
sessions at the church for 2 years, telling her that her sexual feelings toward him would
15 bring her closer to God. Episcopal officials said they removed him from his pastoral role
and ordered counseling after learning of complaints by women in 1988. However, they only
launched a full inquiry last September. Newell, now a fundraiser for Trinity Episcopal
School for the Ministry near Pittsburgh, is named in the suit, along with the church, the
diocese, the bishop and church pastor John W. Yates ll. According to the suit, Yates told
20 the woman what happened during counseling was her fault, and did not act on complaints
from 5 other women that Newell had verbally or physically harassed them. The dean of the
seminary insisted Newell "has more than amply repaid our trust. His behavior has been
above reproach". Source:_Washington Post_ 3/20/93.

25 Jeffrey Black, former rector of St. Andrew's Episcopal Church in Kansas City, Missouri,
knows the pain that child sexual abuse can cause a church. In May 1993 a 15-year-
oldparishioner came forward and indicted the church's music minister for molestation. The
minister confessed, and the church terminated him after seventeen years of service. (1993)
Music minister confesses to molestation
30 Report in Christianity Today

Anglican Pastor Gordon Virgo King, jailed in WA in 1956 (but was kept in the Anglican
ministry), jailed again in Cairns in 1993 and jailed again in Townsville in 1994 for offences
(including sodomy) against boys;
35
Anglican Pastor Raymond Frederick Ayles, of SA (formerly Qld.), 12-monthssuspended
jail term (SA, 1993) for attempting to procure boys to commit acts of gross indecency;

AYLES Reverend Raymond Frederick, 48 Adelaide Anglican priest and Order of AUS
40 recipient. Receives suspended 12 month jail sentence and 18 month good behaviour bond
in Adelaide District Court after being convicted on 2 charges of attempting to procure 2
boys, both aged 15, to commit acts of gross indecency at Anglican church camp in SA.
Court hears Ayles, formerly of Adelaide, asked boys to masturbate in front of him while
conducting sex education talk. In 1987, Ayles receives Order of AUS medal but loses it in
45 1998 over offences. (SA, Australia, 1993).

Mansfield, OH. Tales of Satanism Divide Mansfield; City Agonizes Over Children's
Claims by Michael A. Hobbs; "Months after two baby sitters were convicted of sexually
assaulting more than 60 children at First Presbyterian Church in Mansfield, rumors persist
50 that there is much, much more to the case. Like murder, cannibalism, mutilation of corpses,
forcing children to consume bodily fluids and waste and animal blood. All part of satanic
rituals. Children and their parents insist at least 18 more church members should be
charged. (Plain Dealer, November 29, 1992)
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CHURCHSUED FOR CHOIRMASTER'S ASSAULTS. St. George's Cathedral & the
Anglican church are being sued over a choirmaster's sexual assaults on choirboys. John
Gallienne is serving a 6-1/2 year sentence for abusing boys. Now 17 plaintiffs are suing,
5 claiming damages, plus interest& costs. The suit in part claims church officials were aware
of Gallienne's misconduct & held at least 5 meetings over a 6- year period to discuss them,
yet took no action to protect boys. Source:_Ottawa Citizen_ 11/11/92.

WOMAN SUES EPISCOPAL PRIEST. A Fostoria woman is suing Rev. Douglas Hodges,
10 of Trinity Episcopal Church, Bishop James Moodey & the owner of a counseling center,
alleging the priest forced her to have sex as "treatment". The abuse occurred at a counseling
center & the church. Shelley & Daniel Lebay seek more than $700,000 in damages. Source:
_Columbus Dispatch_10/9/92.

15 ANGLICAN PRIEST SUSPENDED WITH PAY. Owen Sound minister Jim Francom was
suspended With pay from St. George's Anglican Church after being charged in July with
rape & assault of a girl under 14. The assaults were alleged to have occurred in London,
Ontario between 1975-1984 Source: _Ottawa Citizen_ 8/18/92.

20 PROMINENTEPISCOPALIAN REMOVED. Nationally known Rev. W. Graham


Pulkingham, now living in Virginia, was suspended temporarily from the Episcopalian
priesthood after admitting he initiated a sexual relationship with a man he was counseling,
destroying the man's marriage. Church officials asked everybody to pray. Source: _Denver
Post_ 8/92.
25
EPISCOPALPRIEST SETTLES. Episcopal Rev. Paul Robinson agreed to pay $575,000 in
damages to Mary Tenantry, mother of 5, for luring her into an extramarital affair while
counseling her. Source: _Reuters/BostonGlobe_ 8/92.

30 ANGLICAN BISHOP CHARGED FOR SOLICITATION. Anglican Bishop Owen


Dowling, 57, of Canberra and Goulburn, was recently charged with soliciting a male off-
duty cop for prostitution Source: _Christian Century_ 5/13/92.
RAPIST-MINISTER GETS 12 YEARSFOR INCEST. Suspended associate rector of a
Tucson Episcopal church, Stephen P. Apthorp, 56, pleaded guilty in Massachusetts to
35 repeatedly raping his stepdaughter between her 10th and 16th birthday, an estimated 830
incidents of abuse. He was sentenced to 12 years in prison. Charges included indecent
assault and battery, rape and distribution of pornographic materials to a minor. The assaults
began in 1980 when a Lincoln, Mass. congregation asked him to leave because he was
abusing alcohol, ignoring their problems, and "using the women of the parish like they
40 were some kind of fringe benefit", Apthorp said. He was suspended from the Tucson
church. His contract as a counselor for Tucson General Hospital's West center was not
renewed. He gave nationwide worships and lectures based on a book of advice for clergy
with alcohol and drug addictions. The 21-year-old victim, who publicly identified herself as
Mimi Coleman, noted the betrayal made her suicidal, gave her eating disorders and
45 nightmares, shameful feelings over sex, continuing gynecological problems, feelings of
someone always watching her, feelings of panic whenever she sees a man in a clerical
collar, and feelings that she is a freak. "Never have Iseen him practice what he preached,
and I heard him preach a lot."Source: _Arizona Daily Star_ 3/13/92; _Boston Herald_
5/7/92; _LincolnJournal_ 5/14/92.
50
SEXTON GETS 35 YEARS. A sexton at St. Stephen's Episcopal Church in Whitehall
Township was sentenced to 35-70years in jail for molesting boys. Adam Tannous, 61, of
Allentown, agreed to plead guilty to 7 merged charges of involuntary deviate sexual
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intercourse, after originally being charged with more than 4,000 crimes. One victim said
Tannous bragged of having sex with 400 boys over the past 40 years. He was removed as
pastor of St. George's Episcopal Church in Hellertown in 1970 because of similar
allegations. In 1972, he was arrested on a morals charge in Emmaus. He was "treated", not
5 jailed, then expelled from the ministry. Despite this record, St. Stephen's hired him in 1976
to be custodian, saying he was rehabilitated. Many victims say Tannous caused them
alcohol problems by plying them with liquor. Source: _Express-Times_ 12/17/92.

TOPEPISCOPAL PRIEST RESIGNS AMID SEX SCANDAL. The highest-ranking U.S.


10 Episcopal priest, who ironically headed a national committee examining the church's
position on sexuality, resigned in October following charges he sexually abused young men
in his congregation. Rev. Wallace A. Frey, rector of St. David's Church in DeWitt, is
married with 2grown children. A church official said he had been involved in "sexual
misconduct over a lengthy period with some male, young adults & a teenager under his
15 pastoral care". The official said the number of victims appears to be "less than 10". Source:
NYT News Service/_ChicagoTribune_ 10/7/92.

New South Wales Anglican priest Eric William Griffith, 50, of Gratton, was jailed for 18
months after pleading guilty to 3 counts of indecent assault & 4 counts of gross indecency
20 against a boy, 14. Source: _Courier-Mail_ 11/15/92.

Northampton, MA. Charges of raping a 16-year-old from Poland were dropped against
Rev. Julian Pagacz, 50, pastor of St. Valentine's Polish National Catholic Church in
Northampton, after she refused to testify. Charges of indecently assaulting a Hampshire Co.
25 girl, age 17, were plea-bargained down to one charge of indecent touch. Pagacz was
accused of threatening to deport the Polish girl if she reported the rape. A judge ordered
him to turn over the girl's passport, as well as his own. He also denies a charge by a
neighbor that she and her husband caught him looking in her window late one night and
that she had stopped sunbathing in the backyard because he ogled her. She wrote out a
30 trespass notice against him and informed the church, but was told "he wouldn't do that".
Angry parishioners decried the women's complaints as a "witch hunt". Follower Ellen
Mierzewski called one of the alleged victims "a Communist who thought she'd get money
out of it".(Springfield Union-News 2/17,18/92, 5/8/92; Sun-Republican 2/16/92;Boston
Globe 5/5,8/92)
35
MONAGHAN Ian James, 29 Coffs Harbour Anglican church elder and former altar boy.
Receives 7 year jail sentence in Coffs Harbour District Court after pleading guilty to
30child sex offences, including committing unlawful sexual intercourse, performing
indecent act and performing indecent act in aggravated circumstances, against 11 boys,
40 aged 6 to 15, while involved in Anglican church groups in Coffs Harbour, on NSW's
northern coast. Judge describes assaults by Monaghan, of Coffs Harbour, as "particularly
depraved". (New South Wales, Australia, 1992).

MORLEY Reverend John Sydney, 67 SA Anglican priest and army chaplain. Receives
45 suspended 18 month jail sentence and $1000 good behaviour bond in Adelaide District
Court after pleading guilty to 2 charges of indecently assaulting 2 girls, aged 11 and 15, in
1988 and 1990 in SA. Court hears Morley had touched girls' breasts on outside of clothing.
Judge says abuse stemmed from Morley's "hidden aberration". (SA, Australia, 1992).

50 Anglican Pastor John Sydney Morley, 18-month suspended jail term (SA, 1992) for
indecently assaulting two girls;

MOUNTFORD Reverend John Adelaide Anglican priest and boys school chaplain. Returns
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to Britain before being interviewed by police and Family &Community Services
Department officials over claims he engaged in sexual relationship with student, aged under
18, while chaplain at St Peter's Anglican College, Adelaide. Investigation reveals
relationship "common knowledge" at school and that Mountford fled soon after being
5 confronted over claims by deputy principal. (SA, Australia, 1992).

1991:Rev G Snow, 38 jailed for sexually assaulting a 10 year old boy. Police found two
suitcases filled with indecent photographs of boys and men in Snow's vicarage.

10 WIGGINS Reverend Leslie James, 63 Rosebud Anglican priest, boarding master and
associate chaplain. Receives suspended 3 month jail sentence in Dromana Magistrates
Court after being convicted on 4 charges of indecently assaulting 3 boys, aged 11and 12,
between 1989 and 1990 at Rosebud, south of Melbourne. Court hears Wiggins, of Rosebud,
exposed himself to one boy and asked another to "move his gear stick". Also served as
15 boarding master and associate chaplain at Trinity Grammar Anglican College, Kew,
Melbourne.(Victoria, Australia, 1991).

1990: Rev Gordon Haggarty, TV vicar and celebrity jailed for lewd and libidinous practices
at Edinburgh Crown Court. He bound, blindfolded and gagged girls in his care aged from 8
20 to 12 years, then took photographs of them.

1989:Rev William Thompson 45, Headmaster at an Episcopal church pleaded guilty to


charges of child ponrography and molesting 7 boys aged 11 to16.

25 Elliot Lake, Ontario. Rev. Russel Nicolle, 50, an Anglican minister RECEIVED 8 months
in jail for "repulsive, disgusting and degraded" sexual abuse of a 12 year old and 16 year
old boy. Judge M.C. DiSalle said he "seriously breached" his position of trust as rector of
St. Peter the Apostle Anglican Church. (Scranton Times7/14/88)

30 REV. WILLIAM EDWARD THOMPSON, JR., 45, charged with 21 counts of child sexual
abuse, pleaded guilty in a plea bargain. The married father of 4 sons was headmaster at St.
Timothy's Episcopal Church in Catonsville. He was charged with child pornography and
molesting 7 boys, ages 11 to 16, in his home and on church property. Asocial worker
reported him. (The Maryland Sun, 4/8/89)
35
In a precedent-setting decision, the Anglican church made a secret out-of-court settlement
of damages to an altar boy molested by a parish priest 4 years ago. REV. CHARLES
GRIGGS, 61, former rector of St. Bede's, near Winnipeg, pleaded guilty in 1986 to charges
of molesting a 13 year old. He received a 2 year suspended sentence and was ordered to
40 receive counseling. Anglican officials offered wide and glowing support for Griggs after
his confession. An uproar resulted when Archbishop Walter Jones allowed Griggs to
continue as rector following his conviction, saying Griggs' confession of sin was sufficient
repentance. Jones removed him from his post a month later. Griggs left the priesthood and
lives in rural Manitoba. Molestings occurred after church services and at the priest's home.
45 The family says former diocese bishop Barry Valentine had received complaints about
Griggs prior to assaults on their son, but did nothing. Bishop Valentine, now in Baltimore,
MD, says he received " only one " complaint, and immediately removed him as director of
a diocesan summer camp. The Anglican Journal editorialized: " Similar incidents, just as
serious, have received little or no publicity because ecclesiastical authorities have stepped
50 in, quietly removed the priest from the parish, appeared with him in court and arranged for
psychiatric help. But although such action protects the church's image, it gives little public
warning to priests of the consequences they face for a breach of trust, and nothing to alert
society that it has an alarming problem in its midst."(Anglican Journal, May 1989)
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Rev. William S. Barrett, a rector of Episcopal churches in Moreau and Fort Edward, New
York, pleaded guilty to providing alcohol and drugs and showing pornography to two 14
year old boys with whom he engaged in oral sex. Barrett's crimes were particularly
5 shocking to those who knew him since he had made a 20-year volunteer career of
supposedly helping troubled youths. He was a certified foster parent for eight years, and
had founded Project STRIVE in the late 1960s, a program for troubled youths. Barrett was
known as a very religious man, who offered prayers during class reunions. (Source:
Schenectady Gazette, 1/15/88)
10
Rev. James Leech, an Episcopalian priest formerly at St. Paul's Church, Minneapolis, was
charged with sexually molesting a 15 year old boy who came to him for religious
instruction before confirmation in 1985. According to a complaint, he molested the boy at
his house when his wife was away. Reports of other victims have surfaced, and a
15 psychiatrist recommended treatment for a drinking problem. In February 1986 Episcopal
church officials offered Leech a chance to sign a document saying that he would enter a
program at the University of Minnesota for sexual evaluation and/or treatment, and that he
would tell his wife everything. If he had signed it, they told Leech he would have been
suspended rather than fired. Leech resigned and moved to Massachusetts with his wife. He
20 was charged with criminal sexual conduct on a Minnesota warrant. The youth said that he
had not reported the abuse earlier because he was "ashamed and embarrassed to talk about
it." Although Minnesota law requires people who have professional relationships with
suspected victims of child abuse to report it to authorities, a county attorney was apparently
not pursuing the failure of Episcopal officials to report the case. (Source: Minneapolis
25 StarTribune, 1/9/88)

1988: Church of England Vicar Michael Walter, already having served time for indecently
assaulting little boys yet allowed to continue his clerical career by the church, is found
guilty of further assaults on children.
30
1988, Winchester, England. 2 Anglican vicars, a choirmaster, a solicitor and an already
convicted child molester all jailed at Winchester Crown Court on 21 specimen charges of
sexual abuse of boys as young as seven which were carried out on them at church outings,
at the YMCA and in church yards. The men made the children take an oath never to breathe
35 a word of what was going on and paid them 1.00 for each session. Sometimes the children's
private parts were beaten with a fly swatter.

1988:Vicar Trevor Ward jailed for 7 years for using pornographic books to corrupt boys as
young as eleven. Ward arranged sex 'threesomes'. Ward admitted offences of indecent
40 assault, gross indecency and buggery over an 8 year period.

Priest Rev. Francis Papworth, rector of the Santa Rosa Episcopal Church of the Incarnation,
was sentenced to seven years for molesting several teenagers at his Windsor home. A
$120million lawsuit was filed against the Northern California Diocese of the Episcopal
45 Church, claiming church leaders knew of Papworth's problems but failed to take action.
(Source: San Francisco Chronicle,9/12/87)

Episcopal priest and military chaplain Rev. Thomas Evans Dobson was convicted of
pushing methamphetamines in exchange for sexual acts with young boys in Seattle's street
50 culture. His attorney defended him on the basis of his religious career, and because he is a
"family man who has children." Charges of pedophilia stuck in Dobson's case--but the
abuse continued undetected for so long precisely because of the perceived incongruity of
someone of his status victimizing homeless boys. (Source: Seattle Times, 6/4/87)
14-4-2010 Page 29
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Fred Beihl, an employee of the Oklahoma Conference of Churches, raped and sexually
assaulted four little girls between the ages of eight and nine, and received a 240-year
sentence--despite the testimony in his favor of several religious leaders including Episcopal
5 Bishop Gerald N. McAllister. The judge said, "We're not going to have a fifth little girl that
he rapes and sodomizes." (Source: Tulsa Tribune, 8/29/86)

Episcopal priest Kenneth Behrel, was found guilty on Feb. 7 of abusing a14-year-old boy at
St. James School near Hagerstown, Md., in the 1980s,according to the Washington Post.
10
END
END QUOTE
.
When we then have a State government such as in the State of Victoria legislating against people
15 involved in sex related crimes against “infants” we get the following:
.
QUOTE
http://www.heraldsun.com.au/news/victoria/creeps-given-the-green-light-to-work-with-
kids/story-e6frf7kx-1225830068538
20

Creeps given the green light to work with kids


 Sue Hewitt and Peter Rolfe

 From: Sunday Herald Sun

 February 14, 2010 12:00AM

25  17 comments

A SEX creep who stalked young girls in his car has been cleared to do voluntary work
with children.
A tribunal overruled a government ban on the man, known only as "Mr BGD", despite his
victims being as young as 11.

30 The Victorian Civil and Administrative Appeals Tribunal has allowed at least 29 people to
be granted working-with-children certificates despite being deemed unfit by the State
Government.

Documents obtained by the Sunday Herald Sun through Freedom of Information laws
reveal pedophiles, perverts caught with child porn and killers are among those banned by
35 the Brumby Government from working with children, but approved by VCAT.

When Mr BGD applied for a clearance to work with children he did not reveal his
conviction for sex crimes, according to a tribunal document.
END QUOTE
.
40 While VCAT (Victorian Civil and Administrative Tribunal) is not a Chapter III court and the
framers of the constitution made clear that all disputes are to be dealt with before a “court of
law” nevertheless we now find that as a parent one cannot even trust any facilities where children
are cared for as some paedophile might be there employed without the knowledge of anyone it is
a convicted paedophile.
45 .

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The problem we therefore are facing is that the different legal statuses involving an
“infant”/”adult” and the age of consent and marriage much has to do with how “infants” are
protected.
While Australia has been part of the invasion into Afghanistan/Iraq to bring “democracy” reality
5 is that little has changed for girls as to be protected of child abuse (including sexual abuse) and
being stoned to death, etc.
.
The Commonwealth of Australia as such isn’t bringing “democracy” at all but some pretended
“democracy” as it hasn’t even attempted to oppose the application of the death penalty in those
10 countries. While politicians will be quickly to point out that it cannot interfere with the legal
system of another country, then we see that Iraq was bombed back into the Stone Age we can ask
is that not interfering with its political and legal system?
As such, politicians are willing any cop-out excuse to be used rather then accept that if it gets
involved in any kind of democracy work it must do so as is acceptable to Australians as after all
15 it is their taxation that pays for it all.
.
We therefore must be clear in what we practice and preach and that is that we expect that others
who benefit of our tax dollars do apply simular standards or do without our financial support.
Simple as that!
20 .
It must be made clear that the Framers of the constitution, when creating the draft constitution
albeit providing for s116 as to
.
QUOTE
25 116 Commonwealth not to legislate in respect of religion
The Commonwealth shall not make any law for establishing any
religion, or for imposing any religious observance, or for
prohibiting the free exercise of any religion, and no religious test
shall be required as a qualification for any office or public trust
30 under the Commonwealth.
END QUOTE
.
made clear that any religious practices that were in conflict with law could be dealt with by
ordinary criminal law of a State. As such, there is no such thing as any unlawful conduct or say
35 religious torture as it would be subject to ordinary criminal laws. With this, the Commonwealth
while not permitted to make laws regarding religion cannot be prevented to enact “general laws”
that also may affect religious practices. As such, if a religious practice entitles the marriage of an
8 year old then this cannot override the Commonwealth of Australia “general legislation” that the
minimum age can be 16 years old if appropriate consent is obtained.
40 .
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-I understood the honorable member to put himself on the very highest
pedestal, and by contrast to put me on the very lowest. At all events, I feel that if this were
45 carried, an unpopular individual, to obtain his rights and liberties, would have to go cap in
hand to and be at the mercy of the Government of the day. I was thinking of the pig-tail
case which occurred in California, and which I alluded to some time ago, where an
abominably unjust law was passed against Chinamen. It was passed to persecute them
in regard to their pig-tails, which they [start page 1689] regard with exceptional
50 reverence. That law was declared to be unconstitutional as a law passed by a state.
END QUOTE
.
HANSARD 8-2-1898 Constitution Convention Debates
14-4-2010 Page 31
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QUOTE
Mr. HIGGINS.-I did not say that it took place under this clause, and the honorable
member is quite right in saying that it took place under the next clause; but I am trying to
point out that laws would be valid if they had one motive, while they would be invalid
5 if they had another motive.
END QUOTE
.
HANSARD 17-2-1898 Constitution Convention Debates
QUOTE Mr. OCONNOR.-
10 We must remember that in any legislation of the Commonwealth we are dealing with the
Constitution. Our own Parliaments do as they think fit almost within any limits. In this
case the Constitution will be above Parliament, and Parliament will have to conform
to it.
END QUOTE
15 .
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE
Mr. GORDON.- The court may say-"It is a good law, but as it technically infringes
on the Constitution we will have to wipe it out."
20 END QUOTE
And
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.- The position with regard to this Constitution is that it has no
25 legislative power, except that which is actually given to it in express terms or which is
necessary or incidental to a power given.
END QUOTE
.
HANSARD 9-2-1898 Constitution Convention Debates
30 QUOTE
Mr. HIGGINS.-No, because the Constitution is not passed by the Parliament.
END QUOTE
.
Hansard 8-2-1898 Constitution Convention Debates (Official Record of the Debates of the
35 National Australasian Convention)
QUOTE Mr. BARTON.-
The real question that may arise under this Constitution is whether the Commonwealth can
make a law establishing or prohibiting the free exercise of any religion. I take it that in
the absence of a provision in the Constitution conferring that power upon the
40 Commonwealth it will be impossible for the Commonwealth to do so. For this reason
I think we need scarcely trouble ourselves to impose any restrictions. Under a
Constitution like this, the withholding of a power from the Commonwealth is a
prohibition against the exercise of such a power.
END QUOTE
45 .
It means that unless the Commonwealth of Australia has been granted specific legislative powers
it cannot legislate upon it.
.
More over if it has legislative powers then the moment it exercises then the States no longer can
50 legislate upon it!
.
Hansard 8-2-1898 Constitution Convention Debates
QUOTE Mr. BARTON.-
14-4-2010 Page 32
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Under a Constitution like this, the withholding of a power from the
Commonwealth is a prohibition against the exercise of such a power.
END QUOTE
.
5 Hansard 2-3-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-The particular danger is this: That we do not want to give to
the Commonwealth powers which ought to be left to the states. The point is that
we are not going to make the Commonwealth a kind of social and religious power
10 over us.
END QUOTE
.
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE Mr. GORDON.-
15 The court may say-"It is a good law, but as it technically infringes on
the Constitution we will have to wipe it out."
END QUOTE
And
HANSARD 1-3-1898 Constitution Convention Debates
20 QUOTE Mr. BARTON.-
The position with regard to this Constitution is that it has no legislative
power, except that which is actually given to it in express terms or which is
necessary or incidental to a power given.
END QUOTE
25 .
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no
special court, but the general courts would undoubtedly protect the states. What Mr. Isaacs
30 seeks to do is to prevent the question of ultra vires arising after a law has been passed.

[start page 2004]

Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be


invalid.
END QUOTE
35 .
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people
and the states on terms that are just to both.
40 Mr. DEAKIN.-It is made for the lawyers under this clause.

Sir JOHN DOWNER.-I do not think so. If you say "Trust the Parliament," no
Constitution is required at all; it can simply be provided that a certain number of
gentlemen shall be elected, and meet together, and, without limitation, do what they like.
Victoria would not agree to that. But there is a desire to draw the very life-blood of the
45 Constitution, so far as the states are concerned, by this insidious amendment, which would
give the Houses authority from time to time to put different constructions on this most
important part of the Constitution. I hope we will do as we have done in many instances
before, in matters that have been much debated-adhere to the decision we have already
arrived at.
14-4-2010 Page 33
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END QUOTE
.
Hansard 2-3-1898 Constitution Convention Debates
QUOTE
5 Mr. OCONNOR.-Directly it is exercised it becomes an exclusive power, and there is
no doubt that it will be exercised. By putting into the Constitution words prohibiting the
Commonwealth Parliament from making certain specified laws you create the implication
that the Parliament has power to deal in other respects with religious observances.
END QUOTE
10 .
Hansard 22-9-1897 Constitution Convention Debates
QUOTE
The Hon. R.E. O'CONNOR (New South Wales)[3.18]: The moment the
commonwealth exercises the power, the states must retire from that field of
15 legislation.
END QUOTE
.
Hansard 30-3-1897 Constitution Convention Debates
QUOTE Mr. REID:
20 We must make it clear that the moment the Federal Parliament legislates on one of
those points enumerated in clause 52, that instant the whole State law on the subject is
dead. There cannot be two laws, one Federal and one State, on the same subject. But
that I merely mention as almost a verbal criticism, because there is no doubt,
whatever that the intention of the framers was not to propose any complication of the
25 kind.
END QUOTE
.
Hansard 2-3-1898 Constitution Convention Debates
QUOTE
30 Mr. HIGGINS.-The particular danger is this: That we do not want to give to the
Commonwealth powers which ought to be left to the states. The point is that we are
not going to make the Commonwealth a kind of social and religious power over us.
END QUOTE
.
35 As such, being it marriages or so called De Facto marriages or whatever no state can legislate as
to this and as the marriage power relates to “divorce” and one cannot have a “divorce” in a non-
marriage relationship then clearly the Commonwealth cannot seek to obtain powers which is
beyond its constitutional permissible powers. As such for all purposes and intend the cast iron
constitutional provisions are for the Commonwealth of Australia to legislate as to marriage and
40 divorce and in relations there to guardianship and custody and no pretend marriages, etc. As
such, it would require a referendum to maned the constitution to allow for example legislation as
to same-sex marriages/relationship.
.
Thu, 31 Oct 2002 correspondence of the then High Court of Australia justice Michael Kirby
45 QUOTE
Dear Mr Schorel-Hlavka
Thank you for your letter.
There is no bias, any more than there would be for a woman judge sitting in a case
involving women or a male judge in a rape case.
50 Your views on the Constitution appear to have overlooked s 51(xxxvii) of the
Constitution. If that power were not enough, and none of the other heads of power
sufficed, it is true that an amendment of the Constitution might be required.

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Alternatively, there are cooperative schemes for parallel legislation. Ours is a
cooperative federation, as the Constitution itself envisaged.
Sincerely, Michael Kirby
END QUOTE
5 .
QUOTE
http://au.news.yahoo.com/a/-/mp/6922013/man-marries-pillow/

Man marries pillow


Yahoo!7 March 11, 2010, 3:29 pm
10 A man in South Korea has married the love of his life and she may be the perfect partner –
soft, cuddly, quiet and free from arguments.
The main difference between this love affair and a regular one is 28-year-old Lee Jin-gyu's
new wife is made from material, a pillow, to be precise.
Lee fell in love with the body pillow, which has a printed image of Fate Testarossa, a
15 character in an anime series.
The UK Metro reports a friend of Lee said when he goes out to eat, the pillow goes with
him.
"It gets its own seat and its own meal," the friend said.
"He is completely obsessed with this pillow and takes it everywhere.
20 "They go out to the park or the funfair where it will go on all the rides with him."
END QUOTE
.
Will this mean that if this man comes to the Commonwealth of Australia he can claim for his
dependent spouse? Perhaps purchase smaller pillows and then claim for dependent children for
25 tax breaks/tax deductions for his pillow children?
.
When we look at Centrlink and social Security legislative provisions then clearly the provisions
conflict with the provisions as to marriage being between one man and one woman as for social
Security purposes same sex relationships are recognised which I view is unconstitutional.
30 .
QUOTE
homosexuality is an abomination
FW: Got to share this brilliant and hysterical response to Dr. Laura Schlesinger:

"homosexuality is an abomination":
35 Friday, 26 March, 2010 6:08 PM
From:
To:

------ Forwarded Message

From:
40 Date: Fri, 26 Mar 2010 00:06:46 -0400
Subject: Got to share this brilliant and hysterical response to Dr. Laura
Schlesinger: "homosexuality is an abomination":

In her radio show, Dr. Laura Schlesinger (a popular conservative radio


talk show host in the USA) said that homosexuality is an abomination
45 according to the Bible Leviticus 18:22, and cannot be condoned under
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any circumstance. The following response is an open letter to Dr.
Laura, and was attributed to a James M. Kauffman, Ed. D.
_______________________

5 Dear Dr. Laura:

Thank you for doing so much to educate people regarding God's Law. I
have learned a great deal from your show, and try to share that
knowledge with as many people as I can. When someone tries to defend
10 the homosexual lifestyle, for example, I simply remind them that
Leviticus 18:22 clearly states it to be an abomination... end of debate.

I do need some advice from you, however, regarding some other elements
of God's Laws and how to follow them.
15
1. Leviticus 25:44 states that I may possess slaves, both male and
female, provided they are purchased from neighbouring nations. A
friend of mine claims that this applies to Mexicans, but not
Canadians. Can you clarify? Why can't I own Canadians?
20
2. I would like to sell my daughter into slavery, as sanctioned in
Exodus 21:7. In this day and age, what do you think would be a fair
price for her?

25 3. I know that I am allowed no contact with a woman while she is in


her period of menstrual unseemliness - Lev. 15: 19-24. The problem is
how do I tell? I have tried asking, but most women take offence.

4. When I burn a bull on the altar as a sacrifice, I know it creates a


30 pleasing odor for the Lord - Lev. 1:9. The problem is my neighbours.
They claim the odor is not pleasing to them. Should I smite them?

5. I have a neighbour who insists on working on the Sabbath. Exodus


35:2. clearly states he should be put to death. Am I morally obligated
35 to kill him myself, or should I ask the police to do it?

6. A friend of mine feels that even though eating shellfish is an


abomination - Lev. 11:10, it is a lesser abomination than
homosexuality. I don't agree. Can you settle this? Are there 'degrees'
40 of abomination?

7. Lev. 21:20 states that I may not approach the altar of God if I
have a defect in my sight. I have to admit that I wear reading
glasses. Does my vision have to be 20/20, or is there some wiggle-room
45 here?

8. Most of my male friends get their hair trimmed, including the hair
around their temples, even though this is expressly forbidden by Lev.
19:27. How should they die?
50
9. I know from Lev. 11:6-8 that touching the skin of a dead pig makes
me unclean, but may I still play football if I wear gloves?

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10. My uncle has a farm. He violates Lev. 19:19 by planting two
different crops in the same field, as does his wife by wearing
garments made of two different kinds of thread (cotton/polyester
blend). He also tends to curse and blaspheme a lot. Is it really
5 necessary that we go to all the trouble of getting the whole town
together to stone them? Lev. 24:10-16. Couldn't we just burn them to
death at a private family affair, like we do with people who sleep
with their in-laws? (Lev. 20:14)

10 I know you have studied these things extensively and thus enjoy
considerable expertise in such matters, so I am confident you can
help.

Thank you again for reminding us that God's word is eternal and unchanging.
15
Your adoring fan,
James M. Kauffman, Ed. D. Professor Emeritus Dept. of Curriculum,
Instruction, and Special Education University of Virginia
--
20 Live Unity, Celebrate Diversity
http://www.corespirituality.com
--
Regards,

25 Eileen Dannemann
Director, National Coalition of Organized Women (NCOW)
www.ProgressiveConvergence.com <http://www.ProgressiveConvergence.com>
917 804-0786

30 “It requires courage to utter truth; for the higher Truth lifts her voice, the louder
will error scream, until its inarticulate sound is forever silenced in
oblivion”…Mary Baker Eddy, Christian Science

"Just Remember,
35 when the weeding process takes place,
you are the flowers."

- Charlie Lutes

40 To be removed from list, please hit reply and say "remove".

------ End of Forwarded Message


END QUOTE
.
http://www.sacred-texts.com/bib/kjv/lev001.htm
45 QUOTE Bible: King James Version: Leviticus Chapter 20
9 For every one that curseth his father or his mother shall be surely put to death: he hath
cursed his father or his mother; his blood shall be upon him.
10 And the man that committeth adultery with another man's wife, even he that committeth
adultery with his neighbour's wife, the adulterer and the adulteress shall surely be put to
50 death.
11 And the man that lieth with his father's wife hath uncovered his father's nakedness: both
of them shall surely be put to death; their blood shall be upon them.
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12 And if a man lie with his daughter in law, both of them shall surely be put to death: they
have wrought confusion; their blood shall be upon them.
13 If a man also lie with mankind, as he lieth with a woman, both of them have
committed an abomination: they shall surely be put to death; their blood shall be upon
5 them.
14 And if a man take a wife and her mother, it is wickedness: they shall be burnt with fire,
both he and they; that there be no wickedness among you.
15 And if a man lie with a beast, he shall surely be put to death: and ye shall slay the beast.
16 And if a woman approach unto any beast, and lie down thereto, thou shalt kill the
10 woman, and the beast: they shall surely be put to death; their blood shall be upon them.
END QUOTE
.
http://www.sacred-texts.com/bib/kjv/lev001.htm
QUOTE Bible: King James Version: Leviticus Chapter 20
15 27 A man also or woman that hath a familiar spirit, or that is a wizard, shall surely be put to
death: they shall stone them with stones: their blood shall be upon them.
END QUOTE
.
http://www.sacred-texts.com/bib/kjv/lev001.htm
20 QUOTE Bible: King James Version: Leviticus Chapter 21
7 They shall not take a wife that is a whore, or profane; neither shall they take a woman put
away from her husband: for he is holy unto his God.
8 Thou shalt sanctify him therefore; for he offereth the bread of thy God: he shall be holy
unto thee: for I the LORD, which sanctify you, am holy.
25 9 And the daughter of any priest, if she profane herself by playing the whore, she profaneth
her father: she shall be burnt with fire.
10 And he that is the high priest among his brethren, upon whose head the anointing oil
was poured, and that is consecrated to put on the garments, shall not uncover his head, nor
rend his clothes;
30 11 Neither shall he go in to any dead body, nor defile himself for his father, or for his
mother;
12 Neither shall he go out of the sanctuary, nor profane the sanctuary of his God; for the
crown of the anointing oil of his God is upon him: I am the LORD.
13 And he shall take a wife in her virginity.
35 14 A widow, or a divorced woman, or profane, or an harlot, these shall he not take: but he
shall take a virgin of his own people to wife.
15 Neither shall he profane his seed among his people: for I the LORD do sanctify him.
END QUOTE
.
40 Chapter 21 at 10 refers to a “priest” and at 13 of “And he shall take a wife in her virginity” and
as such it sets out that a “priest” is permitted to marry, albeit only to a virgin. And as at 12 also
shows; “And the daughter of any priest,” and as such it clearly indicates that “priest” may have
children also. The fact that like the Roman Catholics do not accept the marriage of a Priest or a
Nun is a religious issue that cannot interfere with the legal right of a priest or a nun to marry if
45 such a person desired to do so.
One issue very much coming to my mind was in 1994 when Mr John Murray Abbott the leader
of the infamous group named the BLACKSHIRTS then gave me the understanding that he
didn’t accept that the Commonwealth (Through the Family Court of Australia) could grand a
divorce because he became married in a Catholic church.
50 .
INSPECTOR-RIKATI® on the battle SCHOREL-HLAVKA v BLACKSHIRTS
For the quest of JUSTICE, in different ways.
(ISBN 0-9580569-4-3 prior to 1-1-2007) ISBN 978-0-9580569-4-6
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.
What Mr John Murray Abbott failed to understand was that the Commonwealth had not at all
legislated for a Court to pronounce a religious divorce but rather to pronounce a civil divorce.
When a couple enter into matrimony by way of a civil marriage then the religious component is
5 irrelevant for this purpose. Indeed, a couple may not at all enter into a religious component of
marriage or may later convert to another religion and enter into a different religious marriage but
this would not affect the civil marriage itself.
.
HANSARD 22-9-1897 Constitution Convention Debates (Official Record of the Debates of
10 the National Australasian Convention)
QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]:
Since the law only recognises marriages as civil contracts or partnerships, it would
seem intolerable that when the partners can prove the impossibility of their
maintaining friendly relations, they should be compelled by law to make a semblance
15 of doing so, and both lives be in effect wasted.
END QUOTE
.
HANSARD 2-3-1898 Constitution Convention Debates
QUOTE
20 The CHAIRMAN.-The next question is Mr. Higgins' proposed new clause in lieu of
clause 109, which was struck out.

Mr. HIGGINS (Victoria).-I was not aware that this clause would come on so soon;
but, inasmuch as I have spoken to the words in the preamble so recently, I think I
shall be able to save honorable members the infliction of a long speech on this subject.
25 My idea is to make it clear beyond doubt that the powers which the states individually
have of making such laws as they like with regard to religion shall remain
undisturbed and unbroken, and to make it clear that in framing this Constitution
there is no intention whatever to give to the Federal Parliament the power to interfere
in these matters. My object is to leave the reserved rights to the states where they are,
30 to leave the existing law as it is; and just as each state can make its own factory laws,
or its own laws as to the hours of labour, so each state should be at full liberty to make
such laws as it thinks fit in regard to Sunday or any other day of rest. I simply want to
leave things as they are. I do not want to interfere with any right the state has. I
merely want to make it clear that, having inserted in the preamble of the Constitution
35 certain words which, 'according to United States precedents, would involve certain
inferential powers, there is no intention on the part of the Convention to confer even
inferentially these powers on the Federal Parliament. I want, in this respect, as I said,
to preserve the states' rights intact, but upon my former amendment I went too far,
according to the views of the members of the Convention, and, therefore, I am only
40 going to the extent of making it clear that the Commonwealth Parliament is to have
no such power. I went too far on my former amendment, inasmuch as I said that
neither a state nor the Commonwealth was to have this power. I did that because the
then existing clause 109 only referred to a state, and provided that-

A state shall not make any law prohibiting the free exercise of any religion.
45 Well, I did not know that the Convention was willing to go so far as it has gone, and
strike out the whole of that clause as to the state. However, it has done so. I beg to
move the insertion of the following new clause to replace clause 109 already struck
out:-

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The Commonwealth shall not make any law prohibiting the free exercise of any
religion, or for the establishment of any religion, or imposing any religious
observance, and no religious test shall be required as a qualification for any office or
public trust under the Commonwealth.
5 I may state that most of this clause, with regard to the making of laws, is already in the
American Constitution, either in the original Constitution or by way of an amendment of
the Constitution. In the Constitution of the United States there is a provision that the
Federal Parliament is not to make any law prohibiting the free exercise of any religion, and
there is also a clause, the very first amendment of the Constitution, that the Federal
10 Parliament is not to make any law for the establishment of any religion. In the original
Constitution you will find also a clause to the effect that there is to be no religious test
required as a qualification for any post or office. The only difficulty, therefore, is in respect
of these words about imposing religious observances, and that part, as I have already
indicated this morning, is rendered necessary by the inclusion in the preamble of our
15 Constitution of words which they have not got in the American Constitution. But in
consequence of a decision of the United States in 1892, which went to the effect that the
United States of America form a Christian nation, the courts have held that the United
States are able to make laws for the purpose of imposing Sunday observance all over the
Commonwealth. I say, then, in brief, that I merely want to preserve to the individual states
20 the [start page 1770] absolute power of regulating all observances of this sort. They have
the power as it is. They can make any factory laws they like, and I want to make it clear
that there cannot be an overriding Commonwealth law which will interfere with the power
the states now have. Therefore, I have moved this new clause.
END QUOTE
25 .
HANSARD 2-3-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.-I do not think the fact that we may be held by law to be a Christian
community is any reason for us to anticipate that there will be any longer any fear of a
30 reign of Christian persecution-any fear that there will be any remnant of the old ideas which
have caused so much trouble in other ages. The whole of the advancement in English-
speaking communities, under English laws and English institutions, has shown a less and
less inclination to pass laws for imposing religious tests, or exacting religious observances,
or to maintain any religion. We have not done that in Australia. We have abolished state
35 religion in all these colonies; we have wiped out every religious test, and we propose now
to establish a Government and a Parliament which will be at least as enlightened as the
Governments and Parliaments which prevail in various states; therefore, what is the
practical fear against which we are fighting? That is the difficulty I have in relation to this
proposed clause. If I thought there was any-the least-probability or possibility, taking into
40 consideration the advancement of liberal and tolerant ideas that is constantly going on of
any of these various communities utterly and entirely retracing its steps, I might be with the
honorable member. If we, in these communities in which we live, have no right whatever to
anticipate a return of methods which were practised under a different state or Constitution,
under a less liberal measure of progress and advancement; if, as this progress goes on, the
45 rights of citizenship are more respected; if the divorce between Church and State
becomes more pronounced; if we have no fear of a recurrence of either the ideas or the
methods of former days with respect to these colonies, then I do suggest that in framing a
Constitution for the Commonwealth of Australia, which we expect to make at least as
enlightened, and which we expect to be administered with as much intellectuality as any of
50 the other Constitutions, we are not going to entertain fears in respect of the Commonwealth
which we will not attempt to entertain with respect to any one of the states. Now, we have
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shown that we do not intend these words to apply to our states by striking out clause 109.
That might be a provision that might be held to be too express in its terms, because
there may be practices in various religions which are believed in by persons who may
enter into the Commonwealth belonging to other races, which practices would be
5 totally abhorrent to the ideas, not only to any Christian, but to any civilized
community; and inasmuch as the Commonwealth is armed with the power of
legislation in regard to immigration and emigration, and with regard to
naturalization, and also with regard to the making of special laws for any race, except
the aboriginal races belonging to any state-inasmuch as we have all these provisions
10 under which it would be an advisable thing that the Commonwealth, under its
regulative power, should prevent any practices from taking place which are abhorrent
to the ideas of humanity and justice of the community; and inasmuch as it is a
reasonable thing that these outrages on humanity and justice (if they ever occur)
should be prohibited by the Commonwealth, it would be a dangerous thing, perhaps,
15 to place in the Bill a provision which would take out [start page 1772] of their hands
the power of preventing any such practices.

Mr. HIGGINS.-Do you think that the Commonwealth has that power under the existing
Bill?
Mr. BARTON.-I am not sure that it has not. I am not sure that it has not power to
20 prevent anything that may seem an inhuman practice by way of religious rite.

Mr. HIGGINS.-I want to leave such matters to the states.

Mr. BARTON.-But inasmuch as we have given to the Commonwealth the power of


regulating the entry of that class of persons, and the power of regulating them when they
have entered, is it not desirable that in that process there shall be left to the Commonwealth
25 power of repressing any such practices in the name of religion as I have indicated? If it be
necessary that there should be some regulative power left to the Commonwealth, then the
argument that we should leave the matter to the states does not apply, because we give such
a power to the Commonwealth.
Mr. HIGGINS.-Then all crimes should be left to the Commonwealth?

30 Mr. BARTON.-No; because you do not give any power with regard to punishing
crime to the Commonwealth, but you do give power to the Commonwealth to make
special laws as to alien races; and the moment you do that the power of making such laws
does not remain in the hands of the states; and if you place in the hands of the
Commonwealth the power to prevent such practices as I have described you should not
35 defeat that regulative power of the Commonwealth. I do not think that that applies at all,
however, to any power of regulating the lives and proceedings of citizens, because we
do not give any such power to the Commonwealth, whilst we do give the
Commonwealth power with regard to alien races; and having given that power, we
should take care not to take away an incident of it which it may be necessary for the
40 Commonwealth to use by way of regulation. I have had great hesitation about this matter,
but I think I shall be prevented from voting for the first part; and as to establishing any
religion, that is so absolutely out of the question, so entirely not to be expected-

Mr. SYMON.-It is part of the unwritten law of the Constitution that a religion shall not
be established.

45 Mr. BARTON.-It is so foreign to the whole idea of the Constitution that we have no
right to expect it; and, as my honorable and learned friend (Mr. Symon) suggests by his
interruption, I do not think, whatever may be the result of any American case, that any such
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case can be stretched for a moment in such a way as to give Congress power of passing any
law to establish any religion. I do not suppose that there is a man in Congress who would
suggest it; and I have no doubt that the same court that decided that the community was a
Christian community would say that the United States Congress had no power to establish
5 any religion. The only part of the matter upon which I have had the least doubt (having
become more confirmed in my opinion since I have considered the matter further) is the
latter part of the proposal, which is that no religious test shall be required for any place of
public trust in the Commonwealth. I do not think that any such test would be required, and
the only question is whether it is possible. I have come to the conclusion that it is not
10 possible. Therefore, my disposition is to vote against the whole clause.

Mr. REID.-I suppose that money could not be paid to any church under this
Constitution?

Mr. BARTON.-No; you have only two powers of spending money, and a church
could not receive the funds of the Commonwealth under either of them.

15 [start page 1773]

Mr. WISE (New South Wales).-I can conceive of no matter more fit for state control
than that of religious observance, and, therefore, I am utterly unable to follow the
leader of the Convention (Mr. Barton) in his contention. There should not be any
opening for doubt as to the power of the Commonwealth to exercise control over any
20 religion of the state. I wish I could share Mr. Barton's optimistic views as to the death
of the spirit of religious persecution. But we have seen in our own time a
recrudescence of that evil demon, which, I fear, is only scotched and not killed. At any
rate, the period during which we have enjoyed religious liberty is not long enough for
us to be able to say with confidence that there will be no swinging back of the
25 pendulum to the spirit of the times from which we have only recently emerged.
Consequently there is some reason for the alarms which have been expressed by a
very large body of people, who have not been represented in this Convention, by long
petitions, but who none the less are entitled to be considered when we are framing this
Constitution, and who, rightly or wrongly-for my own part, I believe rather more
30 wrongly than rightly-believe that the agitation for the insertion in the preamble of the
words which we have inserted to-day is sufficient to cause alarm among citizens of
certain ways of thinking, and that there is an interior design on the part of some
people in the community to give the Commonwealth power to interfere with religious
observances.
35 Mr. HIGGINS.-We had 38,000 signatures to a petition from the people in Victoria
against the inclusion of these words in the preamble.
Mr. WISE.-I am very glad to hear it. That strengthens my argument. if 38,000
citizens of Victoria sent a petition against the inclusion of these words, not because
they disapproved of the words in themselves, but because I suppose they were afraid
40 that the inclusion of them would confer upon the Commonwealth some power to
legislate with regard to religious observances, I say that fears of that sort should be
respected.
END QUOTE
.
45 HANSARD 2-3-1898 Constitution Convention Debates
QUOTE
Mr. OCONNOR.-Clause 109 was a prohibition, but it has been struck out.

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Dr. COCKBURN.-It seems tome that by passing this provision we shall open the door to
the possibility of doubt as to the Commonwealth having more powers than we have vested
in it.
[start page 1775]

5 Mr. WISE.-There is a prohibition with regard to interference with trade and commerce.

Dr. COCKBURN.-That is a limitation of power which is wholly vested and explicitly


placed in the hands of the Commonwealth. It is simply a limitation of the exercise of
its executive power, but this is of a different description. It seems to me that by
introducing this clause we shall run the risk of indicating that there is another sphere
10 of powers which, though not specified as belonging to the Commonwealth, are not
forbidden.

Mr. HIGGINS.-The 117th clause says that a new state shall not be formed by the
separation of territory from a state without the consent of the Parliament of that state.
That forbids even the Federal Parliament forming a new state.

15 Mr. WISE.-Clause 95 provides that preferences shall not be given.

Dr. COCKBURN.-That is a limitation of the executive power, and none of the instances
advanced have satisfied me on the point I have endeavoured to lay before honorable
members. I see clearly in my own mind that an exception in this respect will throw some
doubt as to the whole scope of the powers of the Commonwealth. By inserting these
20 words, it may be decided that there are some powers in the hands of the
Commonwealth which are not explicitly recognised and stated.
END QUOTE
.
HANSARD 2-3-1898 Constitution Convention Debates
25 QUOTE
Mr. SYMON (South Australia).-I beg to move, as an amendment-

That all the words down to "and" be omitted, with a view to the insertion in lieu thereof of
the following:-"Nothing in this Constitution [start page 1776] shall be held to empower
the Commonwealth to require any religious test as a qualification for any office of
30 public trust under the Commonwealth."

I do not oppose the earlier part of the clause on the same ground as I put before, because I
am satisfied in regard to those matters, to which attention was directed when clause 109
was under discussion, that under the ordinary operation of the common law any
inhumanities and cruelties could be effectually stopped.

35 Mr. HIGGINS.-By which Parliament?

Mr. SYMON.-By either the state or the Commonwealth Parliament. I mention that to
show that I do not change my view that that part of the clause is objectionable. But I hold
strongly that in consequence of the insertion of the new words in the preamble it is
desirable that some provision should be made to make it clear that these words are not to
40 overspread the whole Constitution.
END QUOTE
.
We therefore know that as the Commonwealth of Australia was prohibited to legislate as to
religion and religious practices it then neither can allow for religious persons such as a

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priest/minister to be involved in religious marriages as being a civil marriage. The civil marriage
is therefore an issue on its own and if a priest/minister or whatever other religious position the
person may hold does in addition of the civil marriage ceremony conduct a religious marriage
ceremony then this has no effect upon the civil marriage. Hence a religious divorce has no
5 meaning as to the civil marriage. Neither does it flow that a civil marriage pronounced as having
become to end by dissolution of marriage then affects the religious component.
.
It is very essential that is properly understood because a major problem we have is that people
migrating to the Commonwealth of Australia and who were married in their homeland under
10 religious practices do not seem to understand that for the Commonwealth of Australia the issue is
the civil marriage status and not the religious marriage status. Many a husband of countries
where religious marriages are taking place somehow cannot accept that a court of law can
pronounce a divorce of the marriage because they hold that a court of law cannot make undone a
religious marriage, while clearly this never was intended to be so in any event by the
15 Commonwealth of Australia and neither so permitted by the constitution.
The lack of proper education to immigrants as to Australia’s cultural status and how a court of
law can dissolve a civil marriage and that what might be deemed in another country to be a
religious marriage for the Commonwealth of Australia a marriage conducted as a religious
marriage elsewhere can for all purposes and intend be deemed to be a civil marriage and as such
20 recorded as such for Commonwealth of Australia legal purposes and as such this civil component
is what it deals with.
.
There are ample of men who having become married in their native country then arrive in the
Commonwealth of Australia and not having been provided with a basic education as to Australia
25 cultural and legal set up then live in the Commonwealth of Australia as if their native countries
religious laws are maintained. To them any conflict of Australia Law with that of their native
country on religious issues then they hold the Australian legal provisions are subject to their
native countries religious laws. This is obviously incorrect but again the lack of proper education
as to provide a course for immigrants to understand the difference of application and that the
30 Commonwealth of Australia law is superior means that at time people are ending up being killed
for religious customs such as “Honour killings”
This is also why what is considered in Australia to be sexual abuse, rape, etc, to the perpetrator
may be not at all be so because his/her mind set is based upon native country religious laws
where it might be permissible. Hence, again, the importance of any course to be provided as a
35 condition of being provided a visa is to learn about the different cultural set up.
.
In the document “100319-submission TAXATION EXEMPTIONS-NON PROFIT
ENTITIES - ETC” I stated also the following:
QUOTE
40 In my view, the Commissioner of Taxation should have all access to how NOT-FOR-
PROFIT companies operate financially and how monies were disposed off and the
commonwealth must set guidelines that a certain minimum percentage of monies raised
must be provided to those for whom the monies was collected and not that 95% or more is
deducted from the collection as overhead cost for the so called NOT-FOR-PROFIT
45 companies
.
We have people donating money and then writing it off as TAX DEDUCTIONS where in
fact none may actually find it’s way to any charitable institutions because it is all claimed
as overhead cost by the NOT-FOR-PROFIT companies.
50 .
Generally the ordinary citizen who works hard to earn an income is paying a lot of taxes
and some of the riches people around Australia pay next to nothing because the way they
can deduct their income. Then the system is not for “PUBLIC PURPOSES” to provide
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NOT-FOR-PROFIT companies with TAX EXEMPTIONS to the contrary is undermines
the entire meaning and intention to use it for “PUBLIC PURPOSES”.
.
Let’s us use an example:
5 Jo Blow I a fictitious identity) runs a NOT-FOR-PROFIT company and makes a
fortune on income. He obviously has to pay tax so he donates money to his own
NOT-FOR-PROFIT company by this he reduces his taxable income by TAX
DEDUCTION and still keeps the money!
.
10 In my view the term NOT-FOR-PROFIT is grossly abused and misused and too much
money is so to say milked out of it. By this pay-as-your earn taxpayers are the ones having
to make up the shortfall in taxation revenue collected that could have been collected had
this rorting been stopped.
.
15 The following quotation perhaps may assist to consider what really is a NON PROFIT
(NOT FOR PROFIT) organization about.
***************************************************************************
*************************************
The OBLIGATIONS to maintain registration for NON PROFIT (NOT-FOR-PROFIT)
20 *************************************
Any organization , club, association, etc, that is registered as NON PROFIT (NOT-FOR-
PROFIT) shall be obligated for the duration of such registration t:
 not engage in any unlawful conduct of any kind
 shall not have any person working more then maximum 10 hours in total during any week
25 as volunteer work
 Shall keep a record of each and every person who works as a volunteer and have each
volunteer signing at commencement of volunteer work and at conclusion of such
volunteer work and for the total hours worked at completion of the volunteer work. With
such records to be in triplicate with one for the volunteer, one to be kept in a numbered
30 page book and one to be forwarded within 24 hours to the Taxation Commissioner.
 That all and any property held in possession and or under its authority is open for
inspection by Authorities (State and/or Federal) as to inspect the conditions of any
workplace and compliance with any relevant legislative provisions.
 That no one shall be deprived of his/her liberty of entering and/or leaving the premises
35  That no involvement or otherwise any conduct will be engaged into which may be
deemed to be against the ordinary standards of society.
 Where there is any dispute between a volunteer and management then such dispute must
be reported to the relevant authorities for an independent arbitration.
 No child under the age of 14-years shall be permitted to be engaged in any form of
40 volunteer work of more then 2-hours a week.
 Volunteers shall be provided with appropriate work facilities ordinary available to paid
employees.
 No volunteer shall be subjected to any harsh and/or undue punishment and all and any
punishment must be in a reasonable manner as is ordinary applicable to a paid employee.
45  Any non-voluntary employee must be paid a minimum wage as provided for by law.
 For the duration of the registration no conduct of stalking or perceived stalking,
following, or other conduct that might be detrimental to a person will be engaged in.
 No personal records, other then those ordinary relevant for record keeping of an
employee or a volunteer will be recorded and/or kept regarding any person.
50  No conduct will be engaged into that to a FAIR MINDED PERSON may be perceived
to be conduct unbecoming to a NON PROFIT (NOT-FOR-PROFIT) organization,
club, organization, etc.
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 Any property and cost incurred in relation to it, being it maintenance or otherwise shall
not be subject to any entitlement of NON PROFIT (NOT-FOR-PROFIT) registration
unless such properties are reasonable accessible to Authorities for inspection and do not
contain any area’s that may not be deemed to be for “PUBLIC PURPOSES”.
5  No financial contributions of any kind shall be made directly or indirectly to any other
NON PROFIT (NOT-FOR-PROFIT) registered entity, etc.
 All and any transfer of monies from a NON PROFIT (NOT-FOR-PROFIT) entity, etc,
shall be recorded with precise details as to whom it was transferred to and for what
purpose, etc, and to have been within the provisions for NON PROFIT (NOT-FOR-
10 PROFIT) purposes, other then ordinary payments to employees, etc.
 All and any payments (directly and/or indirectly), including any gifts, provided to
management, directly and or indirectly shall be kept on record setting out in what
relevance such payments were made and shall not be including any payments that might
be deemed by a FAIR MINDED PERSON and/or the relevant Authorities to be
15 excessive.
 All and any overhead cost shall not exceed 5% of the total monies collected/obtained and
any cost in excess to the 5% shall be subject to the relevant Authorities to authorize this.
 All and any legal obligations such as superannuation payments and other ordinary
payments in regard of any employee, regardless working voluntarily or not, shall be paid
20 within 7 days of the date this became due.
 No involvement by staff (including volunteers) or others at any premises owned or
otherwise held under authority of the NON PROFIT (NOT-FOR-PROFIT) registered
entity shall be entered into, including the collection, storing and transmission, that
involves peadophilia, or other material of images and/or sound recordings that may be
25 deemed by a FAIR MINDED PERSON and/or the Authorities to be unbecoming to the
conduct of a NON PROFIT (NOT-FOR-PROFIT) registered entity. Nor shall any
direct and/or indirect financial contribution be made in any way in regard of such material
and or equipment.
 No person shall be held at any premises owned and/or under control of a direct or
30 registered entity in excess of 24-hours unless any duration longer then 24-hours have
been approved by the relevant Authorities for specific purposes, subject to review by any
authority.
 Such further and other conditions that the relevant State and/or Federal Authorities may
stipulate at any time prior and/or during the registration being in place.
35 .
Any and all breach(es) of these conditions may entitle the Authorities to declare the
registration to be null and void and any taxes that otherwise would have been applicable if
the NON PROFIT (NOT-FOR-PROFIT) registration had never been in place then can be
applied as the Authorities may deem fit and proper, including any back taxes and/or
40 penalties/fines, etc.
***************************************************************************
END QUOTE
.
Therefore, the Commonwealth of Australia could effectively use the NON PROFIT (NOT-
45 FOR-PROFIT) registration that any religious body is compelled to educate its followers as to
the difference of religious customs and that Australia law is paramount, and not that religious
leaders may thrive upon misconceptions and even pursues to teach religious laws to be superior
then Australian law.
.
50 No NON PROFIT (NOT-FOR-PROFIT) registered entity could be permitted to use standards
in breach of what is constitutionally or otherwise legally permissible because the moment it does

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it no longer can be consider to be acting for “PUBLIC PURPOSES” and should no longer then
be entitled to have a NON PROFIT (NOT-FOR-PROFIT) registration.
Likewise, religious bodies that allow opportunities for sex perpetrators simply must set up as
system where sex predators no longer can conduct their kind of horrific business in religious
5 buildings but that wherever children are attending there is a 24/7 CCTV recording.
.
Children who arrive from countries where children of young age are subjected to marriages as
tender age and where sex is not as taboo as in Australia may not realise that a religious person
using the religious building for sexual activities may in fact be acting in breach of Australia law.
10 Therefore, a better training and education for children is also warranted. Perhaps a cartoon kind
of story in all different languages as to what is prohibited in Australian law regarding sex with
children would be a way to start.
.
When there are marriages there are divorces and as set out from the start of this document the
15 Framers of the Constitution were concerned about those issues.
.
As they made clear that (in their colonial times) when there were custody and guardianship
orders in place in one Colony then the mother would take the children to another colony and the
former husband had to litigate all over in that state, the Framers of the Constitution held that this
20 should be placed in the hands of the Commonwealth of Australia so that any orders of custody
and guardianship of children of a marriage would be applicable through the Commonwealth of
Australia and so avoiding a father having to re-litigate the entire case, often at huge cost, etc.
.
As indicated above by quotations the Commonwealth of Australia could not enforce its own laws
25 against citizens as it could only be dealt with by State courts invoking federal jurisdiction, and
hence the Family Court of Australia is not a constitutional valid set up regardless if there are
federal magistrates, because the proper litigation procedures is that any litigation must be
commenced in a State court exercising federal jurisdiction.
.
30 Commonwealth of Australia Constitution Act 1900 (UK)
QUOTE
75 Original jurisdiction of High Court
In all matters:
(i) arising under any treaty;
35 (ii) affecting consuls or other representatives of other countries;
(iii) in which the Commonwealth, or a person suing or being sued
on behalf of the Commonwealth, is a party;
(iv) between States, or between residents of different States, or
between a State and a resident of another State;
40 (v) in which a writ of Mandamus or prohibition or an injunction
is sought against an officer of the Commonwealth;
the High Court shall have original jurisdiction.

76 Additional original jurisdiction


45 The Parliament may make laws conferring original jurisdiction on
the High Court in any matter:
(i) arising under this Constitution, or involving its interpretation;
(ii) arising under any laws made by the Parliament;
(iii) of Admiralty and maritime jurisdiction;
50 (iv) relating to the same subject-matter claimed under the laws of
different States.

77 Power to define jurisdiction


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With respect to any of the matters mentioned in the last two
sections the Parliament may make laws:
(i) defining the jurisdiction of any federal court other than the
High Court;
5 (ii) defining the extent to which the jurisdiction of any federal
court shall be exclusive of that which belongs to or is
invested in the courts of the States;
(iii) investing any court of a State with federal jurisdiction.
END QUOTE
10 .
The application of s.77 therefore must be understood as to the meaning of the whole constitution.
Where then the Framers of the constitution made clear that a trial is to be held in the State where
the offender resides then this indicates that the trial must be held amongst once peers. Indeed, the
Framers of the constitution debated this at length.
15 .
With a Federal court it destroys the rights to be judged amongst once peers and as such s.77 must
be considered in the overall context as to the intentions of the Framers of the Constitution and
not otherwise.
.
20 Hansard 17-3-1898 Constitution Convention Debates
QUOTE Sir EDWARD BRADDON.-
When we consider how vast the importance is that every word of the Constitution
should be correct, that every clause should fit into every other clause; when we
consider the great amount of time, trouble, and expense it would take to make any
25 alteration, and that, if we have not made our intentions clear, we shall undoubtedly
have laid the foundation of lawsuits of a most extensive nature, which will harass the
people of United Australia and create dissatisfaction with our work, it must be evident
that too much care has not been exercised.
END QUOTE
30 .
Hansard 8-2-1898 Constitution Convention Debates
QUOTE
Mr. OCONNOR (New South Wales).-The honorable and learned member (Mr. Isaacs)
is I think correct in the history of this clause that he has given, and this is [start page 672]
35 one of those instances which should make us very careful of following too slavishly the
provisions of the United States Constitution, or any other Constitution. No doubt in putting
together the draft of this Bill, those who were responsible for doing so used the material
they found in every Constitution before it, and probably they felt that they would be
incurring a great deal of responsibility in leaving out provisions which might be in the least
40 degree applicable. But it is for us to consider, looking at the history and reasons for these
provisions in the Constitution of the United States, whether they are in any way applicable;
and I quite agree with my honorable and learned friend (Mr. Carruthers) that we should be
very careful of every word that we put in this Constitution, and that we should have no
word in it which we do not see some reason for. Because there can be no question that in
45 time to come, when this Constitution has to be interpreted, every word will be weighed and
an interpretation given to it; and by the use now of what I may describe as idle words which
we have no use for, we may be giving a direction to the Constitution which none of us now
contemplate. Therefore, it is incumbent upon us to see that there is some reason for every
clause and every word that goes into this Constitution.
50 END QUOTE
.
Hansard 2-3-1898 Constitution Convention Debates
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QUOTE Mr. BARTON.
If we are going to give the Federal Parliament power to legislate as it pleases with
regard to Commonwealth citizenship, not having defined it, we may be enabling the
Parliament to pass legislation that would really defeat all the principles inserted
5 elsewhere in the Constitution, and, in fact, to play ducks and drakes with it. That is
not what is meant by the term "Trust the Federal Parliament."
END QUOTE
.
Hansard 11-3-1898 Constitution Convention Debates
10 QUOTE
The CHAIRMAN.-I do not think I can rule this proposed amendment out of order.
Every clause, or nearly every clause, in a Bill in some way qualifies the preceding
clauses. They extend the operation of those clauses, and, in some instances they limit
the operation of the clauses. This is not a distinct negative, and I think it would be unduly
15 curtailing the power of the committee to arrive at such a conclusion as they may think fit if
I ruled this out of order.
END QUOTE
.
KING v. JONES ; McEWEN v. HACKERT ; JONES v. JONES. (1972) 128 CLR 221
20
Barwick C.J.(1), McTiernan(2), Menzies(3), Walsh(4), Gibbs(5) and Stephen(6)JJ.
QUOTE Barwick C.J.(1)
10. There are some basic propositions of constitutional construction which
25 are beyond controversy. The words of the Constitution are to be read in that
natural sense they bore in the circumstances of their enactment by the
Imperial Parliament in 1900. That meaning remains, beyond the reach of any
Australian Parliament, subject only to alteration by the means provided by s.
128 of the Constitution. The connotation of words employed in the Constitution
30 does not change though changing events and attitudes may in some circumstances
extend the denotation or reach of those words. These propositions are fully
documented in the reported decisions of this Court which has the task of
finally and authoritatively deciding both the connotation and the denotation
of the language of the Constitution. (at p229)
35 END QUOTE
.
Hansard 3-4-1891 Constitution Convention Debates
QUOTE Mr. DIBBS:
The intention of the framers of the constitution has been to make the constitution as
40 flexible as possible, so that arrangements can be made between the various states and
the commonwealth when the time comes to make them.
END QUOTE
.
Hansard 2-3-1898 Constitution Convention Debates
45 QUOTE
Mr. HIGGINS.-The particular danger is this: That we do not want to give to the
Commonwealth powers which ought to be left to the states. The point is that we are
not going to make the Commonwealth a kind of social and religious power over us.
END QUOTE
50 .
To allow Commonwealth domination over the ordinary affairs of Australians based on their own
State customs would be in my view an infringement of State internal self regulating rights. For
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this I view that the Family Court of Australia is in fact the only lawful court as such because it is
a State Court, however the Family Law Act 1975 interferes with this court system also which is
totally unconstitutional also.
Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the
5 National Australasian Convention)
QUOTE
Mr. GORDON.-Well, I think not. I am sure that if the honorable member applies his
mind to the subject he will see it is not abstruse. If a statute of either the Federal or the
states Parliament be taken into court the court is bound to give an interpretation
10 according to the strict hyper-refinements of the law. It may be a good law passed by
"the sovereign will of the people," although that latter phrase is a common one which I do
not care much about. The court may say-"It is a good law, but as it technically infringes
on the Constitution we will have to wipe it out." As I have said, the proposal I support
retains some remnant of parliamentary sovereignty, leaving it to the will of Parliament on
15 either side to attack each other's laws.
END QUOTE
.
Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
20 QUOTE
Mr. BARTON.-They do not require to get authority from home, for this reason:
That the local Constitutions empower the colonies separately to make laws for the
peace, order, and good government of the community, and that is without restriction,
except such small restrictions as are imposed by the Constitutions themselves, and, of
25 course, the necessary restriction that they can only legislate for their own territory.
The position with regard to this Constitution is that
it has no legislative power, except that which is
actually given to it in express terms or which is
necessary or incidental to a power given.
30 END QUOTE
.
Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
QUOTE Mr. ISAACS.-
35 We want a people's Constitution, not a lawyers' Constitution.
END QUOTE
.
Director of Public Prosecutions v Serratore Nos. Ca 40642/95 and Crd 72680/95 Criminal
Law and Procedure - Statutes - Human Rights - Telecommunications - Law Reform [1995]
40 NSWSC 154 (14 November 1995)
QUOTE
"It is well established that the Court should not impute to the legislature an intention to
interfere with fundamental rights, freedoms or immunities; such an intention must be
clearly manifested by clear and unmistakable language: Coco v The Queen [1994] HCA 15;
45 (1994) 179 CLR 427 at 436-437. ... The close link between the fundamental right to be
secure against trespass and the right to privacy is illustrated by the observations by Lord
Scarman in Morris v Beardmore (1981) AC 446 ...
END QUOTE
.
50 Hansard 19-4-1897 Constitution Convention Debates
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QUOTE
Mr. CARRUTHERS:
This is a Constitution which the unlettered people of the community ought to be able
to understand.
5 END QUOTE
.
Hansard 22-2-1898 Constitution Convention Debates
QUOTE Mr. SYMON (South Australia).-

That this is not like an Act of Parliament which we are passing. It is not in the position
10 which Mr. Barton has described, of choosing or setting up a code of laws to interpret the
common law of England. This Constitution we are framing is not yet passed. It has to
be handed over not to a Convention similar to this, not to a small select body of
legislators, but to the whole body of the people for their acceptance or rejection. It is
the whole body of the people whose understanding you have to bring to bear upon it,
15 and it is the whole body of the people, the more or less instructed body of the people,
who have to understand clearly everything in the Constitution, which affects them for
weal or woe during the whole time of the existence of this Commonwealth. We cannot
have on the platform, when this Constitution is commended to the people, lawyers on
both sides, drawing subtle distinctions, which may or may not be appreciated by the
20 people.
END QUOTE
.
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
25 Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no
special court, but the general courts would undoubtedly protect the states. What Mr. Isaacs
seeks to do is to prevent the question of ultra vires arising after a law has been passed.

[start page 2004]

Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be


30 invalid.
END QUOTE
.
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
35 Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed
as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for
no citizen is above it, but under it; but it is appointed for the purpose of saying that
those who are the instruments of the Constitution-the Government and the
Parliament of the day-shall not become the masters of those whom, as to the
40 Constitution, they are bound to serve. What I mean is this: That if you, after making
a Constitution of this kind, enable any Government or any Parliament to twist or
infringe its provisions, then by slow degrees you may have that Constitution-if not
altered in terms-so whittled away in operation that the guarantees of freedom which
it gives your people will not be maintained; and so, in the highest sense, the court you
45 are creating here, which is to be the final interpreter of that Constitution, will be such a
tribunal as will preserve the popular liberty in all these regards, and will prevent,
under any pretext of constitutional action, the Commonwealth from dominating the
states, or the states from usurping the sphere of the Commonwealth.
END QUOTE
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.
HANSARD 12-4-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE Mr. BARTON:
5 It is provided that instead of, as before, the Parliament having power to constitute a
judiciary, there shall be a Supreme Court, to be called the High Court of Australia, as
a part of the Constitution-that I believe to be an improvement-and other courts which
the Parliament may from time to time create or invest with federal jurisdiction.
END QUOTE
10 .
HANSARD 12-4-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE Mr. BARTON:
And then there is this proviso:

15 Provided that no fact tried by a jury shall be otherwise re-examined in the High
Court than according to the rules of the common law.
END QUOTE
.
Hansard 31-1-1898 Constitution Convention Debates (Official Record of the Debates of the
20 National Australasian Convention)
QUOTE Mr. SOLOMON.-
We shall not only look to the Federal Judiciary for the protection of our interests, but
also for the just interpretation of the Constitution:
END QUOTE
25 .
HANSARD 11-03-1891 Constitution Convention Debates
QUOTE
Mr. CLARK: What we want is a separate federal judiciary, allowing the state
judiciaries to remain under their own governments.
30 END QUOTE
.
HANSARD 1-3-1898 Constitution Convention Debates
QUOTE Mr. SYMON.-
Then, I think myself, some confusion may arise in consequence of the reference to the state
35 in the words "Proceedings to be taken against the Commonwealth or a state in all cases
within the limits of the judicial power." Now, it does not appear to me that we ought to
interfere in any way with the functions of a state to regulate the proceedings which it,
as a quasi-independent political entity, may prescribe for the regulation of its own
legal proceedings.
40 END QUOTE
.
It should therefore be clear that if the Family Law Act 1975 permits the Commonwealth of
Australia to dictate the manner in which legal proceedings are conducted in State courts then it
rob the States of their judicial independence. This is an issue that in fact was extensively
45 canvassed by me during a 5-year epic legal battle where the Commonwealth of Australia relied
upon the Commonwealth Electoral Act 1918 which states:
.
QUOTE

388 Averments deemed to be proved

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In any prosecution in a court of summary jurisdiction in respect of a contravention of the
provisions of this Act or the regulations relating to compulsory enrolment or compulsory
voting, instituted by an officer or by any person acting under the direction of an officer, the
averments of the prosecutor contained in the information or complaint shall be deemed to be
5 proved in the absence of evidence to the contrary.
END QUOTE
.
I challenged this upon constitutional grounds and the court upheld my objection and ordered the
Commonwealth of Australia to “file and serve” all relevant material it sought to rely upon.
10 .
As I pointed out that such as with Bass Strait the Victorian Parliament had legislated for
“averment” for the Commonwealth of Australia, as it relied upon Victorian statue to apply
“averment”, and s.383 of the CEA1918 was a federal Statue and as such could not be applied in
a Victorian State court to interfere with the ordinary legal proceedings of a State Court,
15 regardless that it invoked federal jurisdiction. The court upheld this against the Commonwealth
of Australia. Therefore, the Commonwealth of Australia cannot dictate a State Court how it
should deal with matters within its jurisdiction provide the State Court operated as a Chapter III
court and applied DUE PROCESS OF LAW and as the Framers of the Constitution made clear
to provide a “judicial determination” after hearing both parties.
20 .
HANSARD 17-4-1897 Constitution Convention
QUOTE Mr. DEAKIN:
They both desire to retain for their Several States for all time the privilege of
controlling industrial disputes within their own borders.
25 END QUOTE
.
HANSARD 19-4-1897 Constitution Convention
QUOTE Mr. CARRUTHERS:
Mr. Barton first of all recites Dicey to show what occurs under the unwritten
30 Constitution of England. But here we are framing a written Constitution. When
once that Constitution is framed we cannot get behind it.
END QUOTE
.
HANSARD 27-1-1898 Constitution Convention Debates
35 QUOTE Sir JOHN DOWNER.-
The people of the various states make their own contracts amongst themselves, and if
in course of their contractual relations disagreements arise, and the state chooses to
legislate in respect of the subject-matter of them, it can do so.
END QUOTE
40 .
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Mr. SYMON.-Why should you interfere with the laws in the different colonies
affecting the relations of masters and servants, which are purely a matter of domestic
45 legislation? Why should you hand over that purely state function to the federal
authority?
END QUOTE
.
HANSARD 27-1-1898 Constitution Convention Debates
50 QUOTE Mr. SYMON.-
The relations between the parties are determined by the contract in the place where it
occurs.
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END QUOTE
.
HANSARD 27-1-1898 Constitution Convention Debates
QUOTE Sir EDWARD BRADDON (Tasmania).-
5 We have heard to-day something about the fixing of a rate of wage by the federal
authority. That would be an absolute impossibility in the different states.
END QUOTE
And
HANSARD 27-1-1898 Constitution Convention Debates
10 QUOTE
Mr. BARTON: If they arise in a particular State they must be determined by the
laws of the place where the contract was made.
END QUOTE
.
15 HANSARD 27-1-1898 Constitution Convention Debates
QUOTE
Mr. BARTON.-We do not propose to hand over contracts and civil rights to the
Federation, and they are intimately allied to this question.
END QUOTE
20 .
Yet again we need to consider the issue of “civil contracts”;
.
HANSARD 22-9-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
25 QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]:
Since the law only recognises marriages as civil contracts or partnerships, it would
seem intolerable that when the partners can prove the impossibility of their
maintaining friendly relations, they should be compelled by law to make a semblance
of doing so, and both lives be in effect wasted.
30 END QUOTE
.
Not uncommon partners in a business venture may end up becoming married and as such their
original pure business contract becomes part of a marriage contract. State conditions as to
ordinary business contracts may vary. While within s.51(xx) the Commonwealth has legislative
35 powers as to a national legislation regarding companies it doesn’t have the same powers in
regard of partnerships/or other businesses that are not registered as a company. For all purposes
and intend those remain under State legislative powers.
.
The 14 November 2006 so called WorkChoices legislation decision in my view failed to take
40 proper account of this!
Without going into further details it should be clear that the internal workings of businesses
within a State environment is not for the Commonwealth of Australia to intervene and you
cannot have that the Commonwealth of Australia legislate as to work contracts of employees of
companies but cannot do the same regarding employees not employed with companies., whereas
45 a State can legislate in regard of all employees within its State environment other then those
specifically excluded by the constitution and the embedded legal provisions of the constitution.
For example when the Patrick waterside workers dispute was raging on neither the
Commonwealth of Australia or the courts realised that constitutionally the Commonwealth had
jurisdiction over waterside workers as the then Minister Peter Reid pursued. The Framers of the
50 Constitution made clear that waterside workers were to be considered to come under federal
industrial relations due to that any strike that would take place in a port more then likely would
spread throughout the Commonwealth, and the Commonwealth had legislative powers to ports

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by its navigation legislative powers which included to make ports better approachable for large
ships, etc.
.
It therefore should be obvious that a State court would be in a much better position to deal with
5 divorce and guardianship and custody matters where it was closer to the source of the marriage.
The purpose was for a general law to be enacted by the Commonwealth as to marriage, divorce,
guardianship and custody but to leave the finer details over to a State Court. Hence the Family
Court of Western Australia is an appropriate Family court.
.
10 I see no issue with the Family Court of Australia being a court of appeal from a State court as
then the initial proceedings were dealt with by a State Court invested with federal jurisdiction
and appears generally would lie upon an issue of error of law.
.
Hansard 31-1-1898 Constitution Convention Debates (Official Record of the Debates of the
15 National Australasian Convention)
QUOTE Mr. SOLOMON.-
We shall not only look to the Federal Judiciary for the protection of our interests, but
also for the just interpretation of the Constitution:
END QUOTE
20 .
Hansard 31-1-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
QUOTE Mr. SOLOMON.-
Most of us, when we were candidates for election to the Federal Convention, placed
25 great stress upon it as affording a means of bringing justice within easy reach of the
poor man.
END QUOTE
.
Hansard 20-4-1897 Constitution Convention Debates
30 QUOTE Mr. HIGGINS:
I think it is advisable that private people should not be put to the expense of having
important questions of constitutional law decided out of their own pockets.
END QUOTE
.
35 The truth is that Family Court litigation is becoming far too expensive and horror for those who
seek to pursue constitutional issues as they are severely jeopardised in their ability for this
because the Family Court of Australia by the Joske J Zebena case incorrectly interpreted the
Family Law Act 1975 as it then was that a litigant must pay for transcript, which up to that time
never applied. What therefore happened was one judge made an error and every subsequent
40 judge since has relied upon this! By this the poor are robbed of any appeal opportunities because
the poor who cannot afford to pay for the transcript, at times costing many thousands of dollars,
then are deprived of any appeal rights. As result I have since 1982 under the motto MAY
JUSTICE ALWAYS PREVAIL® been dealing with people who contemplated suicide and
even murder because they were so to say out of their mind due to the gross injustice they had to
45 suffer. As lawyers used to joke, in the court lobby, that if the judge had been allowed sex with his
wife then the female litigant would succeed in her case and if his wife refused sex then the male
litigant would succeed in his case.
.
Alice Carter whom also acted as legal adviser for the Northern Territory in her report about a
50 visit to the Family Court at Melbourne remarked;
.
QUOTE Alice Carter
unfortunately, much of the proceedings I witnessed were repetitive, and general
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disorganisation,....
END QUOTE
.
QUOTE Alice Carter
5 Further more the court was disorganised as many files were missing and cases were
adjourned early as many counsel failed to turn up.
END QUOTE
.
QUOTE Alice Carter
10 The counsels and their clients also presented themselves well dressed and I could see that
anyone who was not dressed suitably would be extremely obvious. I felt that the emphasis
on looking acceptable could easily disadvantage some people. The whole attitude of the
court to parties was rather more authoritarian then supportive,.....
END QUOTE
15 .
QUOTE Alice Carter
Moreover, I felt that the judges were inclined to be slightly patronising and pedantic.
END QUOTE
.
20 QUOTE Alice Carter
... and the judge's demands that she speak louder reinforced my observations on the
authoritarian, patronising attitudes of the judges.
END QUOTE
.
25 QUOTE Alice Carter
I am now able to understand the general public's fear of going to court and facing judges; I,
too, was overawed by the excessive formality and surprised by the appearance, at least of
the judges' authoritarian and patronising attitude towards others in the court room.
END QUOTE
30 .
It ought to be noted that Alice Carter is a lawyer!
.
What we have therefore is a very serious problem in regard of the judiciary in all States but
Western Australia.
35 .
Again we have to consider:
HANSARD 22-9-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]:
40 Since the law only recognises marriages as civil contracts or partnerships, it would
seem intolerable that when the partners can prove the impossibility of their
maintaining friendly relations, they should be compelled by law to make a semblance
of doing so, and both lives be in effect wasted.
END QUOTE
45 .
As a CONSTITUTIONALIST I explored why the Framers of the constitution provided for;
.
The Commonwealth of Australia Constitution Act 1900 (UK) (the constitution)
QUOTE
50 (xxi) marriage;
(xxii) divorce and matrimonial causes; and in relation thereto,
parental rights, and the custody and guardianship of infants;
END QUOTE
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.
Hence, I am well aware that this related to marriages and also to deserted wife’s where the
husband had left his wife and brood to go it alone or take up residence with someone else!
.
5 HANSARD 22-9-1897 Constitution Convention Debates
QUOTE
Sub-clause 24. Parental rights and the custody and guardianship of infants.

The CHAIRMAN: The Legislative Assemblies of New South Wales and South
Australia, and the Legislative Council of Tasmania, have suggested that this sub-clause be
10 omitted.

The Hon. J.H. HOWE (South Australia)[3.45]: I move:

That the following words be added to the sub-clause:-"also invalid and old age pensions."

This is a matter to which I have given a good deal of thought. If I could see my way clear
to say that it was purely a state matter, I would not trouble the Convention with it. I
15 mentioned the subject in Adelaide, and since then I have read a great deal of literature on
the Subject, and I have come to the conclusion that if there be one thing more than another
which it should be within the power of the commonwealth to make provision for it is old
age. It is a question which has occupied, and is occupying the attention of the foremost
statesmen of the world.

20 The CHAIRMAN: The hon. member had better make his amendment the subject of a
distinct sub-clause, it has no relation to the sub-clause before us.

The Hon. J.H. HOWE: I will bow to the suggestion of the Chairman.

The Hon. J.H, CARRUTHERS (New South Wales)[3.46]: 1 hope the Committee will
strike out this sub clause. It is proposed by the legislative assemblies of New South Wales
25 and South Australia, and by the Council and Assembly of Tasmania, that the sub-clause
should be omitted. I can apply no better arguments than those which the hon. and learned
member, Mr. O'Connor, used just now with reference to lunacy. The hon. and learned
member said that where a permissive power was given there was pressure brought to bear
for the exercise of that power, and that when it was exercised in one direction pressure was
30 brought to bear that it might be exercised to the fullest extent. Applying that argument to
lunacy, if we had this power exercised at all, we should find strong arguments used for the
taking over of our lunatic asylums. If the power in this sub-clause were exercised at all, a
strong argument would be offered for the state taking over the whole of the benevolent
institutions of the various colonies which have to deal with children, and they would
35 become federal institutions. If you do that you must do what the hon. member, Mr. Howe,
proposes. If you interfere with the children in these institutions you will have to take over
the institutions for the infirm and the old. Now, there is a decided objection in this colony
to any federal interference with what the people conceive to be matters most sacred in the
family. We have in this colony a law modelled upon the English law dealing with the
40 custody of children and with parental rights. That question of parental rights is one
which opens up a very large range of questions. We may have all sorts of interference
between parents and their children under a proposal of this character. The state laws, up to
the present, have been perfectly effective to deal with this question, and I think the
argument of hon. members against applying federal action to lunacy apply equally well
45 against federal action in this matter. I shall apply those arguments now in my vote.

[start page 1083]

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The Hon. E. BARTON (New South Wales)[3.48]: This may not be a matter of as great
importance as are some of the other matters in the clause, but I think it is worth
consideration. I will put it to my hon. friend that if the commonwealth are empowered to
legislate on the subject of marriage and divorce without having the power to legislate as to
5 the children, the issue of the marriage, this complication may arise-that the judge, having to
pronounce a decree of divorce or of judicial separation, and having also to deal with the
question of the custody of infants, if the commonwealth cannot legislate in regard to both
subjects, will administer one law with respect to the issue relating to divorce, whilst the
consequent portion of the decree dealing with the custody of the children will have to be
10 under a totally different and varying law.

The Hon. I.A. ISAACS: Why not add the words "in relation to divorce"?

The Hon. E. BARTON: If the subclause can be amended in the direction which the hon.
and learned member suggests, my objection will have disappeared, and there will be a
reasonable consistency in the law. I think the difficulty might be overcome by inserting
15 before the words "parental rights" the word "also," and at the end of the sub-clause the
words "in relation thereto."

Mr. SYMON (South Australia)[3.51]: Is it worth while to deal with the matter in that
way? If you give the federal parliament power in relation to marriage generally and divorce
generally, then anything that concerns parental rights and the custody and guardianship of
20 infants is connected with either one or the other. It seems to me that if you intrust the
federal authority with the power of dealing with marriage and divorce, which involves
everything relating to the highest earthly ties-that of marriage-it ought, consequent on that,
also to regulate the custody of infants. It does not involve what the hon. member, Mr.
Carruthers, seems to think is in the minds of many who see some objection to this-that
25 it might empower the federal authority to interfere with domestic relations in some
mysterious manner so as to reduce children to a position of slavery. This is a control
that seems to me to be consequent upon marriage, and which might come into operation,
perhaps, in relation to all matters of divorce; but it is not confined to matters of divorce, and
might depend simply on marriage when the question of divorce does not arise. It will,
30 perhaps, be better to leave the sub-clause as it is and consider the matter further later on.

The Hon. E. BARTON: Before the hon. and learned gentleman sits down he will,
perhaps, deal with what I forgot, namely, a suggestion from the hon. member, Mr.
Carruthers, that if this power were granted it would involve the probability of the
commonwealth having to take over the control of the institutions?

35 Mr. SYMON: I did not think that the hon. member, Mr. Carruthers, seriously meant
that.

The Hon. J.H. CARRUTHERS: That argument was successfully used against me in
regard to lunatics!
Mr. SYMON: I am sure that the hon. member will be able to successfully dispose of it
40 when it is next used against him. It would be just as reasonable to adopt the suggestion of
the hon. member, Mr. Howe, and say that the federal authority are to take control of all
institutions for the care of the aged and infirm. I think that hon. members will, on
consideration, see that there is no parallel between the cases, and, that as this affects one
part of the relationship of the citizens to the commonwealth, it ought fairly to be under a
45 uniform law and under federal control.

The Hon. C.H. GRANT (Tasmania)[3.53]: I think that the words as they [start page
1084] stand, "custody and guardianship of infants," are rather too wide. It seems to
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me that these words, without any qualification, would apply to destitute children. It
would be better for the state authorities to control the custody and guardianship of infants,
because they are immediately on the spot. They have opportunities of inquiring into the
relationship of the children and their parents, and into their condition if they are destitute
5 and neglected. Therefore, I think it is advisable to omit those words, and allow the sub-
clause to remain as proposed to be amended by the leader of the Convention.

The Hon. Sir J.W. DOWNER (South Australia)[3.54]: I think it would be better to leave
the sub-clause as it is. I can understand that it will be a very good thing for each state
to make its own laws with respect to parental rights and the custody and guardianship
10 of children; but supposing that the children went into another state, and were thus
taken away from the law of which the previous state approved, and came under the
law of another state which had altogether a different method of dealing with such
matters, and under which the parent was not able to again get the custody of his child,
or the guardian was not able to again get the custody of an infant, what could he do?
15 He could not proceed under his own law. His own law might be good enough, but the
person that he wanted to proceed against would be out of the jurisdiction of his state.

Mr. SYMON: And the order would not have any force!

The Hon. Sir J.W. DOWNER: The order would not have any force. The result would
be that, however good his own law was, he would be unable to enforce it because the law
20 of the other state was of a varying character.

The Hon. J.H. CARRUTHERS: Sub-clause 26 provides for that!

The Hon. Sir J.W. DOWNER: That is only an evidence clause, and will not have the
slightest effect in this matter.

Mr. SYMON: The hon. and learned gentleman's point is a point of jurisdiction!
25 The Hon. Sir J.W. DOWNER: Yes; and it has nothing whatever to do with that. The
order would be good enough as a record of the action of the court in the first-named state,
but it would not be a record of the court in the other state; nor would it make the law of the
other state subsidiary to the law of the state which contained that record.
The Right Hon. C.C. KINGSTON: Does the hon. and learned member read the word
30 "recognition" as meaning proof?

The Hon. Sir J.W. DOWNER: It is no more than recognition; it means what it says. The
word is plain enough.

The Hon. J.H. CARRUTHERS: Look at sub-clause 25, which says:


The service and execution throughout the commonwealth of the civil and criminal
35 process, and judgments of the courts of the states.

The Hon. Sir J.W. DOWNER: But it must be in respect of a matter over which the court
has jurisdiction.

Mr. SYMON: Suppose you change the domicile!


The Hon. Sir J.W. DOWNER: That will not operate to give jurisdiction. I think that
40 when we have given the most sacred of all relations-the, relation of marriage-over to the
commonwealth, and very properly, it follows, as a matter of course, that we must do this.
Parental rights-that is all we propose to give to the commonwealth. The commonwealth
parliament can make a definition and pass a uniform law.
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Mr. SYMON: That is incident to the marriage law!

The Hon. Sir J.W. DOWNER: It comes from the marriage law, and ought to flow as
a corollary. It is a corollary as far as marriage is concerned.

[start page 1085]

5 The Hon. R.E. O'CONNOR: It would not necessarily follow the law of husband and
wife!

The Hon. Sir J.W. DOWNER: We are only talking about parental rights; that is the
right of the parent over the child!

The Hon. J.H. CARRUTHERS: If the hon. and learned member is willing to hand
10 over the rights, why not the obligations?

The Hon. Sir J.W. DOWNER: If the hon. member would like them added I have no
objection; but if the hon. gentleman wants to exclude them, I cannot see that any difficulty
need arise. So far as I know, the laws of all the colonies are exactly the same in respect to
the matters mentioned here, and there is very little probability of their being any different,
15 so far as parental rights and the custody and guardianship of infants are concerned. We
want to prevent the possibility of any difference, that is all, and to give the federal
parliament power to legislate on the subject if they please. I can see difficulties that
might arise in the enforcement of state laws through the child or infant being taken
away from the custody of its parent or guardian, and being out of the jurisdiction of
20 the court of the state in which the parent or guardian resides, and I think it is
necessary to have one uniform law on this matter as well as in regard to marriage and
divorce.

The Hon. J.H. GORDON (South Australia)[3.59]: I think we are quarrelling about
terms and not about substance. I believe that the hon. member, Mr. Carruthers,
25 agrees with almost everyone of us that as regards parental rights and the custody and,
guardianship of children so far as divorce is concerned, power should be given to the
commonwealth; but this clause goes much further and includes the whole region of,
parental rights and the custody and guardianship of children.

The Hon. E. BARTON: Put in the words "and in relation thereto" before "parental
30 rights "!

The Hon. J.H. GORDON: That will cover the whole ground. All our acts relating to
the custody and guardianship of children have relation to parental rights.

Mr. SYMON: Suppose a child is deserted?

The Hon. J.H. GORDON: That suspends the parental custody; but the parental
35 liability remains. I think that the amendment suggested by the hon. and learned
member, Mr. Barton, covers the whole ground.

The Hon. E. BARTON: I move:

That the figures "24" be omitted with a view to the insertion of the words "and in relation
thereto."

40 This will confine the operation of the subclause to the rights and obligations arising
out of divorce suits. The other matters to which attention has been directed will be
considered by the Drafting Committee.

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The Hon. J.H. CARRUTHERS (New South Wales)[4.3]: I would point out that if we
are going to deal with the service and process of writs in regard to this matter in one
state when the parent resides in another, it will be just as well for the Drafting
Committee to consider the aspect of the case in relation to deserted wives. If the
5 amendment of the hon. and learned member, Mr. Barton, is carried, I think we might
leave the matter to the Drafting Committee.
Amendment agreed to.
END QUOTE
.
10 Again:
HANSARD 22-9-1897 Constitution Convention Debates
QUOTE
The Hon. E. BARTON: I move:

That the figures "24" be omitted with a view to the insertion of the words "and in relation
15 thereto."

This will confine the operation of the subclause to the rights and obligations arising
out of divorce suits. The other matters to which attention has been directed will be
considered by the Drafting Committee.
END QUOTE
20 .
It must therefore be clear that unless there is a “divorce suit” there is no guardianship and/or
custody jurisdiction under Commonwealth law to be litigated. In the matter of Kirk Titilas
however the husband and wife had separated (not divorced) when the mother later committed
suicide. The mothers sister then grabbed the child and the Family Court of Australia then
25 awarded her custody even so technically in law she was a stranger as she had no legal position in
law to litigate. What the legislation therefore has allowed for is to encourage kidnapping of a
child by relatives, so that possession is to succeed in custody, even so having no legal standing as
to the marriage. Politicians and lawyers alike will argue that this al changed in 1986 when
the states purportedly transferred legislative powers to the Commonwealth of Australia but
30 fool those who go along with this nonsense.
.
As a CONSTITUTIONALIST I explore the true intentions of the Framers of the Constitution
and s.51(xxvii) to refer legislative powers to the Commonwealth of Australia isn’t at all as it is
perceived.
35 .
As the Framers of the Constitution made clear if two or more but NOT ALL States had a dispute
that fell outside their sole jurisdiction to resolve, such as the water issue regarding the river
Murray, then the states affected could within s. 51(xxvii) transfer its legislative powers to the
Commonwealth so that the Commonwealth could legislate on behalf of the relevant States where
40 none of the affected State could do so on their own. However, and here comes the bit, where a
State referred legislative powers to the Commonwealth then once the Commonwealth legislated
upon the subject then the States were permanently bound by this and as this was a permanent
transfer of legislative powers and as such affected the State constitutions of the relevant States
then any transfer of legislative powers was to be first approved by the State electors of each State
45 which referred its legislative powers.
.
Hansard 27-1-1898 Constitution Convention Debates
QUOTE
Sir GEORGE TURNER.-Will you briefly restate the point?

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Mr. DEAKIN.-My point is that by the requests of different colonies at different
times you may arrive at a position in which all the colonies have adopted a particular
law, and it is necessary for the working of that law that certain fees, charges, or
taxation should be imposed. That law now relates to the whole of the Union, because
5 every state has come under it. As I read clause 52, the Federal Parliament will have no
power, until the law has thus become absolutely federal, to impose taxation to provide
the necessary revenue for carrying out that law. Another difficulty of the sub-section
is the question whether, even when a state has referred a matter to the federal
authority, and federal legislation takes place on it, it has any-and if any, what-power
10 of amending or repealing the law by which it referred the question? I should be
inclined to think it had no such power, but the question has been raised, and should be
settled. I should say that, having appealed to Caesar, it must be bound by the
judgment of Caesar, and that it would not be possible for it afterwards to revoke its
reference. It appears to me that this sub-section, which is certainly one of the very valuable
15 sub-sections of this clause, affording, as it does, means by which the colonies may by
common agreement bring about federal action, without amending the Constitution, needs to
be rendered more explicit. One point more especially which needs to be rendered clear is
whether, when we have this federal action, there shall not be a federal means of providing
for the necessary revenue that may be required or for imposing the necessary charges under
20 such legislation.

Sir JOHN DOWNER.-Is that not implied?

Mr. DEAKIN.-If it is implied, would it not be best to make it explicit? The parentage of
this clause, as I have shown-originating as it does in a body with practically no financial
power-casts a certain suspicion on that reading of it, although, of course, the provision
25 when embodied in this Act would have a different effect. Still, why not make it clear
whether we mean that, when the Federal Parliament has passed federal legislation for
some of the colonies, we shall allow that same legislation to deal with any necessary
raising of revenue from those colonies which may be required to give effect to the
legislation?

30 Dr. QUICK (Victoria).-I think the point taken by my honorable friend (Mr. Deakin) is one
well worthy of the consideration of the Drafting Committee, and probably the difficulty to
which he has drawn attention could be obviated by some such provision as that which he
suggested. But this matter has struck me also from another point of view, and it seems
to me that the provision affords an easy method of amending the Federal
35 Constitution, without referring such amendments to the people of the various states
for their assent. Now, either when the state Parliaments have referred these matters to the
Federal Parliament, and the Federal Parliament has dealt with such matters, that becomes a
federal law, and cannot afterwards be repealed or revoked by the State Parliaments-that is
one position, and in that case, of course, the reference once made [start page 218] is a
40 reference for all time, and cannot be revoked, so that to that extent it becomes an
amendment of the states' Constitution, incorporated in and engrafted on the Federal
Constitution without the consent of the people of the various states. On the other hand,
if that be not so, and the states can, after making such reference, repeal such
reference, what is the result? You have a constant state of change-no guarantee for
45 continuity or permanence-in this class of laws, and this might lead to a great deal of
confusion and a most unsatisfactory state of things. My principal objection to the provision
is that it affords a free and easy method of amending the Federal Constitution without such
amendments being carried into effect in the manner provided by this Constitution.
Mr. BARTON.-I cannot understand how it gives an opportunity of amending the
50 Federal Constitution.
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END QUOTE
.
Hansard 1-3-1898 Constitution Convention Debates
QUOTE
5 Mr. WISE.-If the Federal Parliament chose to legislate upon, say, the education
question-and the Constitution gives it no power to legislate in regard to that question-the
Ministers for the time being in each state might say-"We are favorable to this law, because
we shall get £100,000 a year, or so much a year, from the Federal Government as a subsidy
for our schools," and thus they might wink at a violation of the Constitution, while no
10 one could complain. If this is to be allowed, why should we have these elaborate
provisions for the amendment of the Constitution? Why should we not say that the
Constitution may be amended in any way that the Ministries of the several colonies
may unanimously agree? Why have this provision for a referendum? Why consult the
people at all? Why not leave this matter to the Ministers of the day? But the proposal
15 has a more serious aspect, and for that reason only I will ask permission to occupy a
few minutes in discussing it.
END QUOTE
.
HANSARD 17-3-1898 Constitution Convention Debates
20 QUOTE
Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed
as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for
no citizen is above it, but under it; but it is appointed for the purpose of saying that
those who are the instruments of the Constitution-the Government and the
25 Parliament of the day-shall not become the masters of those whom, as to the
Constitution, they are bound to serve. What I mean is this: That if you, after making
a Constitution of this kind, enable any Government or any Parliament to twist or
infringe its provisions, then by slow degrees you may have that Constitution-if not
altered in terms-so whittled away in operation that the guarantees of freedom which
30 it gives your people will not be maintained; and so, in the highest sense, the court you
are creating here, which is to be the final interpreter of that Constitution, will be such a
tribunal as will preserve the popular liberty in all these regards, and will prevent,
under any pretext of constitutional action, the Commonwealth from dominating the
states, or the states from usurping the sphere of the Commonwealth.
35 END QUOTE
.
HANSARD 10-03-1891 Constitution Convention Debates
QUOTE
Dr. COCKBURN: All our experience hitherto has been under the condition of
40 parliamentary sovereignty. Parliament has been the supreme body. But when we
embark on federation we throw parliamentary sovereignty overboard. Parliament is
no longer supreme. Our parliaments at present are not only legislative, but
constituent bodies. They have not only the power of legislation, but the power of
amending their constitutions. That must disappear at once on the abolition of
45 parliamentary sovereignty. No parliament under a federation can be a constituent
body; it will cease to have the power of changing its constitution at its own will. Again,
instead of parliament being supreme, the parliaments of a federation are coordinate
bodies-the main power is split up, instead of being vested in one body. More than all
that, there is this difference: When parliamentary sovereignty is dispensed with,
50 instead of there being a high court of parliament, you bring into existence a powerful
judiciary which towers above all powers, legislative and executive, and which is the
sole arbiter and interpreter of the constitution.
END QUOTE
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.
Hansard 15-9-1897 Constitution Convention Debates
QUOTE
The Hon. A. DEAKIN: I say the great bulk of them are of that character, and am open to
5 refutation if I am wrong, I should say that the whole of the thirty-seven subjects, but,
indisputably, the great bulk of them, are subjects on which no question of state rights and
state interests could arise except by the merest accident. It is, as the right hon. gentleman
admitted, a grave defect in our constitution if we permit these questions to be left for all
time to be determined in a purely states house, or by a state referendum, when those
10 questions are not state questions-when they ought to be decided, not on state lines, but on
national lines, and by a national referendum.
END QUOTE
.
Hansard 20-4-1897 Constitution Convention Debates
15 QUOTE
Mr. BARTON: I do not think it is a good thing under any circumstances that a
judge under a Federal Constitution, at any rate, should have anything to hope for
from Parliament or Government.
Mr. KINGSTON: Hear, hear.
20 Mr. BARTON: Where you have a sovereign Parliament, and the judge is merely the
interpreter of the laws as they arise, and not the guardian of a Constitution in the
same sense as a federal judge is, the same circumstances remain in part; but where you
will have a tribunal constantly charged with the maintenance of the Constitution against the
inroads which may be attempted to be made upon it by Parliament, then it is essential that
25 no judge shall have any temptation to act upon an unexpected weakness-for we do not
know exactly what they are when appointed-which may result, whether consciously or
not, in biasing his decisions in favor of movements made by the Parliament which
might be dangerous to the Constitution itself.
END QUOTE
30 .
This also means that any amendment to a State constitution since federation is only valid if the
State electors by way of s.123 referendum approved of this. With Queensland it purportedly
abolished its Upper House in 1921 by majority of the Upper house and a Lieutenant Governor
having been appointed for this purpose, but because it was never approved in a State referendum
35 the Upper house constitutionally never was abolished and so all and any bills enacted since
failing to have passed through the Upper House therefore are null and void. Likewise
Queensland’s proposed new constitution will fail because it is not passed by its Upper House and
hence the only way to get back on track is for the Queensland government to have members of
the Upper house elected and then vote on the proposed amendment of the Queensland
40 constitution before it is put before the State electors for a vote to veto or approve the proposed
amendments. The same is actually in regard of the purported Victorian constitution Act 1975, as
I extensively litigated before the County Court of Victoria on 19 July 2006, when the court
upheld my cases, and it must be stated that the Attorney-General of Victoria did not even attempt
to challenge the constitutional issues I had submitted, and as such I comprehensively defeated the
45 Commonwealth of Australia in these proceedings.
.
The fact that lawyers (including politicians) hold law decrees doesn’t mean that they understand
the proper application of constitutional provisions rather that they simply have successfully
completed a law study. Where both parties have legal representatives then one party is generally
50 bound to loose the case and this underlines that one set of lawyers are wrong about their legal

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advice to their client. Just that the client ends up acting upon the advice of the lawyers and then
end up paying those lawyers and often also the lawyers of the opponent.
.
With the Family Court of Australia dealing with children not being of marriages one therefore
5 has to look at the constitutional validity of this.
.
If there is no “divorce” then clearly the Commonwealth of Australia, or so the Family Court of
Australia cannot then pursue custody and guardianship matters, not even in the Titilas case, as
the prerequisite is a “divorce”, as again; “ This will confine the operation of the subclause to
10 the rights and obligations arising out of divorce suits.”.
.
The Commonwealth of Australia however will argue that the States referred its legislative
powers in 1986 under legislation known as:
.
15 It should be understood that s51(xxxvii) reference of legislative powers is conditionally upon that
the Commonwealth place a levy against the relevant State who refer its legislative powers as to
cover the cost of administration, etc. as the Framers of the Constitution made clear that this
couldn’t be done from ordinary tax revenue (Consolidated Revenue funds).
.
20 Hansard 10-3-1891 Constitution Convention Debates
QUOTE:- Dr. COCKBURN:
No parliament under a federation can be a constituent body; it will cease to have the
power of changing its constitution at its own will.
END QUOTE
25 .
Hansard 27-1-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
QUOTE
Sub-section (35).-Matters referred to the Parliament of the Commonwealth by the
30 Parliament or Parliaments of any state or states, but so that the law shall extend only to the
state or states by whose Parliament or Parliaments the matters was referred, and to such
other states as may afterwards adopt the law.

Mr. DEAKIN (Victoria).-I wish to call attention to this sub-section, which, like several
others in this portion of clause 52, represents a power first conferred upon the Federal
35 Council, but which, as it appears to me, if allowed to remain in its present restricted form-
suitable enough as that may have been to the Federal Council-is altogether unsuitable to the
differing conditions of the Federal Parliament. In the original draft of the Federal Council
Bill the proposal was framed in clause 16 as follows:-
The Governors of any two or more of the colonies may, upon an address of the
40 Legislatures of such colonies, refer for the consideration and determination of the Council
any questions relating to those colonies or their relations with one another, and the Council
shall thereupon have authority to consider and determine by Act of Council the matter so
referred to it.
The draftsman who advised the Imperial Government altered that including it in section
45 15 of the Imperial Act constituting a Federal Council, where it forms the last part of
subsection (i). The first part of the sub-section gives the Federal Council legislative
authority in respect to the several matters following, and the clause before us, freely
translated, follows:-

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Any other matter of general Australasian interest with respect to which the
Legislatures of the several colonies can legislate within their own limits, and as to
which it is deemed desirable that there should be a law of general application.
Now, that appears to be ample for all the legislation which the Federal Council could have
5 dealt with. That body has no Executive, has no Budget, and undertakes no expenditure.
That body is [start page 216] the mere creature of the colonies, is dependent upon them,
except within a very limited area, and, in fact, altogether for any expenditure it may be
necessary to incur. Now, during the discussion of the question of old-age pensions, when I
referred to the possibility of that matter being dealt with under this sub-section, I evoked a
10 comment from Sir John Downer, which called my attention in a particularly pointed way to
a present weakness of the sub-section in this respect. It may well be that some matters
referred by the several state Parliaments to the Federal Parliament, in order that common
legislation may be passed for one or more colonies, may require legislation involving some
expenditure-expenditure which must be undertaken in order to give effect to that
15 legislation. It might be for the ordinary machinery administration-the payment of salaries
of certain officers-or it might be the power to levy certain fees and collect certain charges;
or it might involve direct taxation; but in all such cases it appears to me that the present
sub-section may be inadequate. For instance, if reference be made to sub-section (3) of this
clause 52 it will be found that the Federal Parliament has only the power to raise money by
20 systems of taxation which shall be uniform throughout the Commonwealth. Consequently,
if any legislation referring to any less number of the colonies than the whole of the
colonies, and which involved any expenditure, was passed by the Federal Parliament,
although those colonies were willing to vote that expenditure, the Federal Parliament might
have no power to raise that money. The only possible means of the Federal Parliament
25 obtaining that power would be if it were conferred in the provisions of the referring statutes
passed by the referring colonies, but unless those provisions exactly agreed-and agreement
would be extremely difficult to arrive at-the probability is that the law would be
inharmonious and fail in its effect. I would suggest to the leader of the Convention that he
should consider whether there should not be such a modification of sub-section (3), which
30 provides for the raising of money by the Commonwealth, as would allow of a reference by
two or three colonies desiring to intrust the Federal Parliament with the task of framing
legislation for them, and enabling the Federal Parliament, if so called upon, to provide for
the raising of the necessary revenue in those colonies. That would be one means of meeting
the difficulty. Another means might be that when two or more colonies had determined,
35 under sub-section (35), to refer to the Commonwealth Parliament any matter which
required the raising of money from their citizens, it should be possible, for the
Commonwealth, in regard to those particular matters, to provide for the necessary taxation
to be levied in those colonies by the central authority, instead of leaving them to the very
difficult task of coming to an independent agreement among themselves as to all the details
40 of the method by which the money should be provided.

Mr. GLYNN.-Strike the sub-section out.

Mr. SYMON.-That is the best solution of the difficulty.

Mr. DEAKIN.-That may be so.


Mr. GLYNN.-We may have a conflict of laws under the sub-section.

45 Mr. BARTON.-Such laws can only apply to the referring states themselves.

Mr. DEAKIN.-They would not be, in the strict sense of the term, federal laws.

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Mr. BARTON.-No, they would only apply to the states which referred the matters to the
Federal Parliament.

Mr. DEAKIN.-Exactly; but those laws can be adopted by the other states. If two or
three colonies join in requesting the Federal Parliament to pass a statute on a
5 particular matter applying only to those two or three colonies, and that law has been
enacted and proved to work well, the remaining colonies of the group may adopt it,
and finally [start page 217] you may have the Commonwealth in this position, that
every colony in the group has adopted, as far as it can adopt, that particular law,
which then ought to be a federal law. This contingency is perhaps provided for. That
10 being so, it becomes necessary for us to consider whether we should not also provide for
the other contingency. If all the states of the group except one, or if three of the larger
colonies, or any three of the colonies, required a common statute in regard to a particular
subject, and the administration of that statute involved the raising of money, the Federal
Government ought to be able to provide for the levying of that money under the same law
15 if so requested by those concerned.

Sir GEORGE TURNER.-Will you briefly restate the point?

Mr. DEAKIN.-My point is that by the requests of different colonies at different times
you may arrive at a position in which all the colonies have adopted a particular law, and it
is necessary for the working of that law that certain fees, charges, or taxation should be
20 imposed. That law now relates to the whole of the Union, because every state has come
under it. As I read clause 52, the Federal Parliament will have no power, until the law has
thus become absolutely federal, to impose taxation to provide the necessary revenue for
carrying out that law. Another difficulty of the sub-section is the question whether,
even when a state has referred a matter to the federal authority, and federal
25 legislation takes place on it, it has any-and if any, what-power of amending or
repealing the law by which it referred the question? I should be inclined to think it
had no such power, but the question has been raised, and should be settled. I should
say that, having appealed to Caesar, it must be bound by the judgment of Caesar, and
that it would not be possible for it afterwards to revoke its reference. It appears to me
30 that this sub-section, which is certainly one of the very valuable sub-sections of this clause,
affording, as it does, means by which the colonies may by common agreement bring about
federal action, without amending the Constitution, needs to be rendered more explicit. One
point more especially which needs to be rendered clear is whether, when we have this
federal action, there shall not be a federal means of providing for the necessary revenue
35 that may be required or for imposing the necessary charges under such legislation.

Sir JOHN DOWNER.-Is that not implied?

Mr. DEAKIN.-If it is implied, would it not be best to make it explicit? The parentage of
this clause, as I have shown-originating as it does in a body with practically no financial
power-casts a certain suspicion on that reading of it, although, of course, the provision
40 when embodied in this Act would have a different effect. Still, why not make it clear
whether we mean that, when the Federal Parliament has passed federal legislation for some
of the colonies, we shall allow that same legislation to deal with any necessary raising of
revenue from those colonies which may be required to give effect to the legislation?

Dr. QUICK (Victoria).-I think the point taken by my honorable friend (Mr. Deakin) is one
45 well worthy of the consideration of the Drafting Committee, and probably the difficulty to
which he has drawn attention could be obviated by some such provision as that which he
suggested. But this matter has struck me also from another point of view, and it seems
to me that the provision affords an easy method of amending the Federal

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Constitution, without referring such amendments to the people of the various states
for their assent. Now, either when the state Parliaments have referred these matters to the
Federal Parliament, and the Federal Parliament has dealt with such matters, that becomes a
federal law, and cannot afterwards be repealed or revoked by the State Parliaments-that is
5 one position, and in that case, of course, the reference once made [start page 218] is a
reference for all time, and cannot be revoked, so that to that extent it becomes an
amendment of the states' Constitution, incorporated in and engrafted on the Federal
Constitution without the consent of the people of the various states. On the other hand,
if that be not so, and the states can, after making such reference, repeal such
10 reference, what is the result? You have a constant state of change-no guarantee for
continuity or permanence-in this class of laws, and this might lead to a great deal of
confusion and a most unsatisfactory state of things. My principal objection to the provision
is that it affords a free and easy method of amending the Federal Constitution without such
amendments being carried into effect in the manner provided by this Constitution.
15 Mr. BARTON.-I cannot understand how it gives an opportunity of amending the
Federal Constitution.

Dr. QUICK.-In this way. At present clause 52, which we are now discussing, deals with
the powers of the Federal Parliament. It defines those powers in specific terms, in specific
paragraphs. Very well. Then, if under this sub-section power be given to the state
20 Parliaments to refer other matters to the Federal Parliament, to that extent the powers of the
Federal Parliament are enlarged, and therefore there is an enlargement of the Constitution.
This enlarges the power of the Federal Parliament, and when a law is passed by the Federal
Parliament, it becomes binding on the citizens of the states the Parliaments of which have
made reference; and if these laws are binding, I say they become federal laws, and those
25 federal laws may be administered by federal courts. Consequently, these referred powers
become federal powers, and to that extent this becomes a means of amending the Federal
Constitution.

An HONORABLE MEMBER.-The state Parliaments may refer some subjects to the


Federal Parliament without the consent of the people.

30 Dr. QUICK.-True, the state Parliaments may refer some subjects to the Federal
Parliament without the consent of the people of the states-that is my point-and to that
extent the powers become grafted on the Federal Constitution in a manner directly different
from the mode provided by this Constitution.
Mr. BARTON.-You can make amendments in your Constitution without referring to the
35 people.

Dr. QUICK.-That is so, but there is a distinct provision here that there is to be no
amendment of the Constitution without first such amendment being passed by the Federal
Parliament, and then submitted to the people of the states, and there must be a majority of
the people and a majority of the states before such amendment can become law. In this case
40 also, I have to use an expression which has been frequently indulged in by Mr. Symon, that
another mischievous result will follow from this power of reference. Supposing a state
Parliament is troubled and bothered with an agitation upon a certain question-say, that of
old-age pensions-and the state wants to get rid of a troublesome problem, it may simply,
out of its inclination to get rid of the difficulty, pass a Referring Bill shunting the question
45 on to the Federal Parliament, and the matter may there be hung up on account of other
difficulties. Once a state has referred a matter to the Federal Parliament of course it
cannot deal with it itself.

Mr. BARTON.-And it cannot repeal the law referring the matter.


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Dr. QUICK.-There seems to be a difference of opinion on that point. I myself agree
with the Premier of Victoria that there is power to repeal, and, consequently that the
power of reference is not an ultimate power; it may be repealed, and what is the
result? It would lead to a most unsatisfactory state of affairs. My view is that the sub-
5 section should be struck out altogether.

Mr. SYMON (South Australia).-I think we are greatly indebted to Mr. Deakin [start page
219] and Dr. Quick for raising this question. The only wonder is that it has not struck us at
an earlier stage of our proceedings how very mischievous-to repeat a word which has just
been attributed to me-this sub-section may possibly become. I do not know, whether a
10 state, after referring a particular subject of legislation to the Federal Parliament
could not revoke the reference. My own personal view is that it could. It could revoke
the reference, but if the Federal Parliament has acted upon that reference, and
legislated upon it, then I think that legislation becomes federal legislation, and could
not be revoked or interfered with in any way by the State. If, as Mr. Deakin has said,
15 they have appealed to Caesar, they must be bound by Caesar's decree, Caesar in this case
being the Federal Parliament. The law so passed by the Federal Parliament would
become federal law for all time until the Federal Parliament repealed it. Now, if the
state happened to change its mind on this particular matter, what would be the result? The
reference to the Federal Parliament may have been a mere political contrivance for the
20 moment, as Dr. Quick has pointed out, to get rid of some troublesome question. But if the
state at some future period desired to legislate on its own account, and to deal with
the matter, which perhaps was a matter of purely local concern, it would be faced
with another portion of the Constitution, which says that no state law shall prevail if
it is in conflict with the federal law. A majority in Parliament, in order to get rid of a
25 difficulty, might refer it to the federal authority, and then we might find subsequently the
people of the state hampered by the impossibility of their retracing their steps, and carrying
out legislation which they considered necessary and desirable. I think, myself, that the
better way would be to strike out this provision altogether. It is inconsistent, it seems to
me, with the foundation of our Federal Government. We declare here specific powers to be
30 intrusted to the Federal Parliament, and by those we should abide, except so far as the
matter is controlled by sub-section (36). It ought not to be competent for any state to get rid
of a troublesome matter of legislation by saying-"We will refer this to the Federal
Parliament." It is obvious that, as has been pointed out by Dr. Quick, this provision would
extend powers to the Federal Parliament to a degree which would depend upon the hazard
35 of the moment. Now we are doing all we can, by debating the matter day after day, to
secure that those powers may be as precise as possible, and be brought within the limits of
the necessities of the case. But here we are giving to any state the power of sending on to
the Federal Parliament, for debate and legislation, some matter which it is purely for
themselves to deal with, and I do not think we ought to put it in the power of states to
40 relieve themselves from their own responsibilities in legislation or administration by any
such easy contrivance as this might turn out to be. I think the provision is really in by
mistake. I was not aware until it was pointed out by Mr. Deakin, that it had its origin
in connexion with the Federal Council Act, though I know it exists there. It might be
applicable in that case, but it is not applicable to the Federal Government we are now
45 seeking to establish. I would also point out that sub-section (36) really gives a very wide
power in connexion with the exercise of legislative authority to the Federal Parliament, a
power which I fancy would, if it were desired to extend power to the Federal Parliament,
meet the case. Sub-section (36) enables the Federal Parliament to make laws with respect
to-

50 The exercise within the Commonwealth, at the request or with the concurrence of the
Parliaments of all the states concerned, of any legislative powers which can at the
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establishment of this Constitution be exercised only by the Parliament of the United
Kingdom or by the Federal Council of Australasia.

[start page 220]

Mr. DEAKIN.-That is a different thing altogether.


5 Mr. SYMON.-I am not quite sure whether that is a desirable provision to leave in.

Mr. ISAACS.-It is much too large; I intended to call attention to it.

Mr. SYMON.-I think this matter was brought up before, and it is a much more serious
matter than honorable members might at the first glance be disposed to think. I believe it
would enable states, in a matter of purely local legislation, to refer the matter to the Federal
10 Parliament for it to deal with. I have not referred to the provisions of the Federal Council
Act, but I think the concluding words of sub-section (36), if left in at all, should certainly
be very carefully considered. I do not know what they mean or how extensive they may
be.

Mr. DOBSON.-Could you give any illustration of a matter which would be referred to
15 the Federal Parliament by one of the colonies?

Mr. SYMON.-Not of what would be referred, but of what might be referred. I will
choose one which it might be very proper for us to refer to the Federal Parliament-the
question of the disputed boundary between South Australia and Victoria. The reference
would probably be quite ineffective, as the Federal Parliament would not deal with a
20 subject of that kind at the invitation of one state.

Mr. BARTON.-If they did the settlement could only extend to that state.

Mr. SYMON.-But look at the invitation which this would give for the engendering of
heat, passion, and discussion in the Federal Parliament. Look at the difficulties that would
be raised on the part of the Federal Parliament in having a matter of that kind brought
25 under its notice at all. There might be other matters of social concern, and one was
mentioned by Mr. Deakin, that of old-age pensions.

Mr. DOBSON.-That would hardly come under this provision. The financial part of it
would operate against its being referred.
Mr. SYMON.-As Mr. Deakin has put it, supposing such questions were referred, how is
30 the Federal Parliament to deal with them without some enabling powers with regard to
finance?

Mr. OCONNOR.-If a state referred question of state finance it might be dealt with.
Mr. SYMON.-Does the honorable member say that that would be a desirable thing to
do?
35 Mr. BARTON.-Is it not for the people of the state to determine whether it is
desirable?

Mr. SYMON.-Is it desirable to shunt on to the Federal Parliament a power that we have
not settled in the Constitution? Would not this reduce the powers of the federal authority to
a mere fluctuating quantity? My view is that we should strike this provision out altogether,
40 and amend if necessary the succeeding subsection (36). We could then do whatever may be
desirable within proper limits.

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Sir JOHN DOWNER (South Australia).-I cannot see any of the difficulties which Mr.
Deakin, Mr. Symon, and Dr. Quick anticipate in connexion with this sub-section. This, of
course, is to be an inelastic Constitution, which can only be altered after great thought and
with much trouble. We define what are to be the boundaries of the Constitution of the
5 Commonwealth. We leave everything else to the states. It may be that questions may
afterwards arise which concern one, two, or three states, but which are not
sufficiently great to require a complete revision of the whole Constitution, with all the
troublesome proceedings that have to be taken to bring about a reform. It would much
facilitate matters if these questions could be referred to the Federal Parliament.
10 Mr. DEAKIN.-It would not be an easy process. You know how hard it is to get even two
colonies to agree to anything.

[start page 221]

Sir JOHN DOWNER.-It would be easy compared with an alteration of the


Constitution.
15 Mr. DEAKIN.-It would not be too easy.

Sir JOHN DOWNER.-Nothing should be too easy. We have the power to alter the
Constitution, but it is a power that can only be exercised with great difficulty. We also
have a power of quasi-arbitration, which the Commonwealth Parliament can exercise in an
easier way, although not without some difficulty, at the request of one or more states. Now,
20 is not that a good principle? I do not think many honorable members will say it is not. It is
suggested that we are allowing the states to throw upon the Federal Parliament a
responsibility they ought to take themselves. My answer is that every state wants to
aggrandize itself, to increase its authority, and it will only be in very extreme cases that the
states will resort to this means of getting rid of a difficulty. In an extreme case, is there any
25 harm in having a comparatively easy method of reference, not to troublesome negotiations,
nor to the Imperial Parliament, but to the Federal Parliament.

Mr. BARTON.-It might be impossible to dispose of the matter excepting in that


particular way.
Sir JOHN DOWNER.-Yes.

30 Mr. OCONNOR.-Take a case of dispute regarding a boundary.

Sir JOHN DOWNER.-Yes, the cases might be infinite. Take a question of disputed
territory, for instance. What could be more proper than that Victoria, if she became
reasonable for once, should say-"Look here, we know we promised to do it; we know we
have broken our promises; we acknowledge our transgressions, and will refer the matter at
35 once to the Federal Parliament"? Who would blame her? Certainly not South Australia.
Even in connexion with the question of rivers some point might arise that might concern
two or three colonies, and that could not concern all the colonies. That, again, might be a
proper matter for reference, but it could not be a common matter of legislation in
respect of every state. I will now take the points Mr. Deakin makes. He doubts whether
40 this power of legislation will carry with it a power of raising the necessary money to give
effect to the legislation.

Mr. ISAACS.-The states themselves will determine that.

Sir JOHN DOWNER.-Yes, the honorable member has given the answer.

Mr. DEAKIN.-Read it with sub-section (3).


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Sir JOHN DOWNER.-I do not think that sub-section affects the matter in the slightest
degree.

Mr. OCONNOR.-Sub-section (3) refers to the raising of money for the purposes of the
Commonwealth itself.

5 Sir JOHN DOWNER.-Yes, and it can, in my opinion, have no relation to this question.
When a matter is referred the Parliament of the Commonwealth will have unlimited powers
of legislation.

Mr. DEAKIN.-To the extent of the reference.


Sir JOHN DOWNER.-Exactly; but the parliament will be entitled to make a law
10 about it which will be as good as any other law. The only thing is that it will be limited
in its area of application. Within the limits of the reference, it could deal with finances or
any other question. I can see no difficulty at all in carrying out the sub-section in that
respect, and I do not think that it wants any addition. We have practically to consider this
from the point of view of a question of policy. Is it worth while to leave to the states a
15 power of referring disputed questions that may concern one or more, but may not
concern all? What possible difficulty can there be? It may be said that this should be left to
the people, but the Parliament can decide. This Bill, before it can go home and can assume
the form of an Imperial statute, will have to be submitted to a referendum of the people of
each colony. It is only after that has been done that it can be made an Imperial [start page
20 222] statute, and why should we not give this power of reference to the states if it is a
power that would work well? For my own part, I do not think the sub-section requires even
verbal amendment. It will work quite well as it is so far as machinery is concerned. In
regard to the principle, I think it is a very advisable power to confer, and I hope the sub-
section will be agreed to.

25 Mr. ISAACS (Victoria).-My honorable friend (Sir John Downer) has put in better
language than I could have employed many of the views I was going to present to the
Convention. The object of the sub-section I take to be this. The foregoing sub-sections deal
with matters upon which authority is to be given to the Federal Parliament to legislate with
regard to all the colonies. They are admittedly matters of common concern. Then it was
30 thought that there might be other matters that might turn out to be matters of
common concern, but that are not yet regarded as such or have not yet arisen in any
way. In the course of the existence of the Commonwealth questions may arise that we
do not foresee, and without any amendment of the Constitution the states may if they
choose refer them to the federal power. Or it may be that any two states, unable each of
35 them separately to legislate beyond their own boundaries, may ask that this power to
legislate may be given to them without the necessity to go to the federal authority. It is
perfectly plain that two separate states, even if they legislate in exactly the same
terms, cannot carry the effect of their laws beyond their own boundaries. There may
be a difficulty, political or otherwise, as to leaving it in the power of any one state to refer
40 to the Federal Parliament matters of purely local concern. If there be any objection on that
ground, I suggest that it can be got rid of by saying that this power shall be limited to
matters which may be referred by two or more states to the Federal Parliament. That, I
think, would obviate any of the difficulties which Mr. Symon has foreshadowed, and
would carry out what we really want. No state, so far as I can imagine, requires to refer to
45 the Federal Parliament the passing of any law that is to affect itself alone. But if it agrees
with another state that some law; not to be of universal application throughout the
Commonwealth, but to affect it and that other state alone, should be passed, power should
be given in some such clause as this to ask the Federal Parliament to enact that what both
states desire shall be of common application to them.
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Mr. SYMON.-Could you put that in sub-section (36)?

Mr. ISAACS.-I do not wish to anticipate what I have to say upon sub-section (36). I
think that that sub-section requires amendment, and that it is too large for more reasons
than one. But in my opinion the object of sub-section (35) would be better obtained by
5 striking out the power of one state to refer its own purely local concerns to the
Legislature of the Federation, and by limiting this power to cases where two or more
states desire to be bound by the federal authority.

Mr. BARTON.-Does the honorable and learned member say that sub-section (36) is too
large? I would like to mention that we left out some restricting words because we thought
10 that the provision was restricted by the whole scope of the clause.
Mr. ISAACS.-Well, I do not wish to confuse the two sub-sections. I think that Mr.
Symon's objections will be met if we use the words matters referred to the Commonwealth
by the Parliaments of any two or more states." A state Parliament may say-"We will not
deal with this matter; we will refer it to the Federal Parliament." Some honorable members
15 may think that a shirking of responsibility. I do not attach any weight to that contention,
but I do not think anything is substantially gained by keeping in the provision.
Mr. BARTON.-If a state Parliament wants to shirk its responsibility it can fall back
upon the referendum.
[start page 223]

20 Mr. ISAACS.-With regard to the other point that a state may repeal a law, I do not agree
with that argument. If a state refers a matter to the Federal Parliament, after the
Federal Parliament has exercised its power to deal with that matter the state ceases to
be able to interfere in regard to it. Moreover, when the Commonwealth has passed a
law at the request of any Parliament or Parliaments, and the Parliament of a third
25 state adopts it, it adopts a Commonwealth law, and it requires the consent of the
Commonwealth to get rid of that law. In my opinion, there is no power of repeal with
the states, and I feel no doubt that I have read among the decisions of the United
States, one which is to the effect, although I cannot just now lay my hands upon it,
that when a state has, with the consent of Congress, made certain enactments the
30 power of Congress is required to repeal those enactments.

Mr. REID.-Otherwise the provision would be perfectly idle. A state would refer a matter
to the Commonwealth, and, not being pleased with the precise manner in which that matter
was dealt with, it would immediately repeal the law.
Mr. ISAACS.-Yes; the state might just as well pass the law for itself.

35 Mr. OCONNOR.-A law once passed under this provision becomes a federal law.

Mr. ISAACS.-Yes, and nothing less than the federal authority can get rid of it.

Mr. BARTON (New South Wales). With regard to the particular sub-section which we
have now in hand, I have not been brought to see that any dangerous power is given in it,
or that there is any reason for an alteration. Let us take first the suggestion of the honorable
40 and learned member (Mr. Deakin). The Federal Parliament can only deal with such matters
as a state or states refer to it. A state may refer to the Federal Legislature a certain subject
without referring, or expressly excepting from the reference, any financial dealing with that
subject. In such a case the Commonwealth could only legislate upon the subject so far as its
financial aspects were not concerned. If the whole subject were referred, not excepting
45 finance, the Commonwealth could legislate to the whole extent of the reference. I think that

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the words used in the sub-section are ample for either case. The difference with regard to
sub-section(3)is this: It is plain that that sub-section refers only to the raising of money by
any mode of taxation for general Commonwealth purposes. Like all the rest of these sub-
sections, with the exception of one or two which contains special provisions, it concerns
5 matters relating to the peace, order, and good government of the Commonwealth," and the
word Commonwealth" means prima facie the whole Commonwealth. In this sub-section,
however, there are special words which prevent the law applying to the whole
Commonwealth, and these are the words quoted by the honorable and learned member (Mr.
Deakin):-
10 But so that the law shall extend only to the state or states by whose Parliament or
Parliaments the matter was referred, and to such other states as may afterwards adopt the
law.

It seems to me that if there is any raising of money intended by the states to be delegated
to the Commonwealth-and they can only delegate their legislative authority to a certain
15 extent, provided for by the Constitution-that will be expressed in the reference, or it can be
excluded from any reference. In the one case or the other the Commonwealth can only
proceed as far as the extent of the reference. Then there was the objection of the
honorable and learned member (Dr. Quick), that this provision affords an easy
method of amending the state Constitution without the use of the referendum. But at
20 the present time the state Constitutions do not provide for the use of the referendum. The
government of the states is by a majority of the representatives of the people, and it must
[start page 224] be constitutionally assumed that when a majority of the two Houses of
Parliament make a law the people speak through that law. If the people choose to speak
through a law made in this way, there is no evasion of responsibility when an appeal was
25 made to a superior authority for the settlement of a difficulty incapable of settlement by the
relations of two bodies at issue. This is not a restriction but an enlargement of the
legislative powers of the states, which I think is in the spirit of democracy, and one that we
should grant.

Mr. HOLDER (South Australia).-I want to ask the leader of the Convention a question,
30 his answer to which will influence my vote on the subject before us. The sub-section upon
which we are dealing and the following sub-section are the only ones which provide for an
extension of the powers of the Commonwealth. I have been looking up the clauses in
Chapter VIII., and I do not see that under them any extension of the powers of the
Commonwealth can be dealt with. I want to know whether I am right in supposing that
35 under these clauses no extension of the powers or scope of the Commonwealth would be
possible, because I think that under that chapter, if any alteration of the Constitution of the
Commonwealth is desired, the states, to obtain it, must first-have a law passed by the
Commonwealth Parliament? Now, suppose it is proposed to enlarge the power of the
Commonwealth, by placing under its control the administration of Crown lands. First of
40 all, the Federal Parliament would have to pass a law upon this subject, and that law might
be held to be ultra vires. There would be no power to submit anything to the electors
without Parliament first of all passing a Bill, which, however, would be from the outset
outside its power. I should like to know from the leader of the Convention whether my
view of this matter is correct?

45 Mr. BARTON (New South Wales).-What I understand my honorable friend (Mr.


Holder) to ask is this: Suppose it were desired that extra-legislative power than now exists
should be granted to the Commonwealth-as, for instance, to take under its control questions
relating to Crown lands, and so on-whether an alteration in the Constitution in that
direction would be ultra vires? Now, the Bill provides, in Chapter VIII., that the provisions
50 of the Constitution shall not be altered except in the following manner;" which, to my
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mind, means that if the processes specified are adopted the provisions can be altered in any
way. I take the provision to mean that authority is given to the Commonwealth under the
processes here specified to alter this Constitution in any manner, so far as it deals with the
affairs of Federated Australia, and not with affairs outside the dominion of Australia.
5 Consequently, if it were proposed to add a legislative power of the kind suggested by Mr.
Holder, I take it that as Chapter VIII. provides first for the passage of the proposed
law by an absolute majority, and then for a referendum, the law would have no effect
unless the majorities of the several states agreed to it. So that not only the
Commonwealth but the states would have to agree to the passage of the law. Then any
10 objection to that law becoming a new part of the Constitution of the Commonwealth would
vanish; because, I think, so much authority is conceded by Chapter VIII.

Mr. KINGSTON (South Australia).-I think that the difficulty is that Chapter VIII. does
not give power for an amendment of the Constitution, except by implication, but simply
opposes limitations in the mode of the exercise of the power of amendment. I would
15 suggest to the leader of the Convention that we might add a clause permitting the alteration
of this Constitution, subject to the provisions of Chapter VIII. That would include
amongst the powers of the Parliament a power which is very necessary, and which it is no
doubt intended to give by the Bill, but which is not at present provided for as clearly as
might be.

20 [start page 225]

Mr. GLYNN (South Australia).-In connexion with the point raised by Dr. Quick that this
provision might lead to an amendment of the Constitution otherwise than under clause 121,
I would like to suggest that the reference would be as to a specific point. It might be to
settle a particular matter of legislation, but not a general power. But we are still in this
25 dilemma: That the state might, by referring the matter to the state Parliament,
deprive itself of the right of repeal, and thus take away the general power of
legislation from the state Parliament. As I understand, a state Parliament cannot at
present abrogate its own powers. It might pass a particular Act or it might repeal an
Act, but here the Parliament of the state is giving away some power without the
30 consent of the people of the state. We are giving power to the state Parliament to give
away their sovereign powers without the consent of their people.

Mr. DEAKIN.-To commit political suicide.

Mr. GLYNN.-That is really what it amounts to. It certainly requires serious


consideration.

35 The subsection was agreed to.

Sub-section (36)-

The exercise within the Commonwealth, at the request or with the concurrence of the
Parliaments of all the states concerned, of any legislative powers which can at the
establishment of this Constitution be exercised only by the Parliament of the United
40 Kingdom or by the Federal Council of Australasia.

Mr. BARTON (New South Wales.)-I might mention as to this sub-section that there is a
difference between its language and the language of the corresponding sub-section in the
Bill of 1891. The difference is this:-In the Bill of 1891, after the words legislative powers"
there came the words with respect to the affairs of the territory of the Commonwealth, or
45 any part of it." It was considered unnecessary to retain those words, because the whole
scope of the legislative authority is that the legislation should be for the peace and good
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government of the Commonwealth itself. Inasmuch as the Commonwealth cannot make
any laws except for the peace, order, or good government of the Commonwealth itself,
we thought that it could not make laws except with respect to the affairs of the
territory of the Commonwealth or any part of it.
5 Mr. KINGSTON.-Will this give power to legislate with reference to a part only?
Mr. BARTON.-Only to the extent of the reference made. It must be a matter referred
with the consent of the Parliament, so that it would only apply to the extent of the reference
made.
END QUOTE
10 .
Re; No. 92, 1986 Commonwealth Powers (Family Law–Children) Act 1986

It relates to “a state Parliament” and “referendum”, as such a referendum is needed to accept a


State to have accepted it reference of Power.
15 Also;
Hansard 27-1-1898 Constitution Convention Debates
QUOTE Mr. BARTON (New South Wales).-
I take it that as Chapter VIII. provides first for the passage of the proposed law
by an absolute majority, and then for a referendum, the law would have no
20 effect unless the majorities of the several states agreed to it. So that not only the
Commonwealth but the states would have to agree to the passage of the law.
END QUOTE
.
Albeit, a State can adapt a Commonwealth law that is validly enacted within The
25 Commonwealth of Australia Constitution Act 1900 (UK), the reference of power however is
limited, where it is to create legislative powers that doesn’t exist previously “So that not only
the Commonwealth but the states would have to agree to the passage of the law.”. As such,
it is not an issue for the Commonwealth to legislated on any matter referred to it unless by way
of referendum this was accepted. The Victorian purported reference of powers Commonwealth
30 Powers (Family Law- Children) Act 1993 No.92 of 1986 the Mutual Recognition (Victoria) Act
1993 were never approved by way of referendum and are NOT AT ALL part of the
Constitutional powers of the Commonwealth albeit so claimed in prints of The Commonwealth
of Australia ConstitutionAct 1900 (UK).

35 On 7 and subsequently on 21 October 1986 the Legislative Council passed the Commonwealth
Powers (Family Law - Children) Act 1986 No 92 which was Gazetted on 16 December 1986
and came into force on 28 October 1987. Version 010 being:
QUOTE
s. 4
40 The Governor in Council may, at any time, by proclamation published in the
Government Gazette, fix a day as the day on which the reference under this Act shall
terminate.
END QUOTE
.
45 QUOTE Mr. DEAKIN.-
Another difficulty of the sub-section is the question whether, even when a state has
referred a matter to the federal authority, and federal legislation takes place on it, it
has any-and if any, what-power of amending or repealing the law by which it referred
the question? I should be inclined to think it had no such power, but the question has
50 been raised, and should be settled. I should say that, having appealed to Caesar, it
must be bound by the judgment of Caesar, and that it would not be possible for it
afterwards to revoke its reference.
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END QUOTE
.
QUOTE
Version No. 010
5 Commonwealth Powers (Family Law--Children) Act 1986
Act No. 92/1986
Version incorporating amendments as at 14 July 1997
This Version incorporates amendments made to the Commonwealth Powers
(Family Law--Children) Act 1986 by Acts and subordinate instruments.
10 END QUOTE
The Victorian Parliament has PURPORTEDLY amended this legislation of the Commonwealth
Powers (Family Law - Children) Act 1986 No 92 totally unaware what the true reference of
legislated powers possibly could mean! It purports to refer legislative powers and withdraw it as
it please! It was however never accepted by any referendum on the first place!
15
GLEESON J as a judge in the corium in of the Full Court of the HIGH COURT OF
AUSTRALIA in HCA 27 of 1999 under point 31 had this to say:

“..I held that State Parliaments had no power to vest State Judicial power in
20 federal courts created by the Parliament of the commonwealth and that the
parliament of the Commonwealth had no power to consent to State Parliaments
vesting State Judicial power in the federal courts.”

I view, that likewise the States have no constitutional powers to vest the Commonwealth with
25 legislative powers or the commonwealth to consent to accept legislative powers within Section
51(xxxvii) of the Commonwealth constitution unless the State constitution provides for such
reference of legislative powers and also such reference of legislative powers has been approved
in accordance of the provisions of Section 128 of the Commonwealth Constitution by way of
referendum, as well as that both the States (and so those voting in the referendum) and the
30 Commonwealth have been aware that this reference of legislative powers is one of a permanent
nature, after which the relevant State referring the legislative powers for ever has lost future
legislative powers either to rescind, amend or otherwise alter any legislation the Commonwealth
may provide upon a successful referendum.

35 The Victorian Constitution under s16 provides that “The Parliament shall have power to make
laws in and for Victoria in all cases whatsoever.” As such, this clearly exclude any “reference”
of legislative powers from the State of Victoria to the Commonwealth! After all, to refer
legislative powers means the State no longer has it, and that breaches the provisions of s16!
That albeit the Victorian Constitution refers to the Australian Citizenship Act 1948, no specific
40 legislation appears to be in place as to formally adopt this Commonwealth legislation.

Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
QUOTE
45 Mr. WISE.-If the Federal Parliament chose to legislate upon, say, the education
question-and the Constitution gives it no power to legislate in regard to that question-
the Ministers for the time being in each state might say-"We are favorable to this law,
because we shall get £100,000 a year, or so much a year, from the Federal Government as a
subsidy for our schools," and thus they might wink at a violation of the Constitution, while
50 no one could complain. If this is to be allowed, why should we have these elaborate
provisions for the amendment of the Constitution? Why should we not say that the
Constitution may be amended in any way that the Ministries of the several colonies
may unanimously agree? Why have this provision for a referendum? Why consult the
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people at all? Why not leave this matter to the Ministers of the day? But the proposal
has a more serious aspect, and for that reason only I will ask permission to occupy a
few minutes in discussing it.
END QUOTE
5 .
That on 7 and subsequently on 21 October 1986 the Legislative Council passed the
Commonwealth Powers (Family Law - Children) Act 1986 No 92 which was Gazetted on 16
December 1986 and came into force on 28 October 1987. Version 010 being:
QUOTE
10 Commonwealth Powers (Family Law---Children) Act 1986
Version No. 010
Commonwealth Powers (Family Law--Children) Act 1986
Act No. 92/1986
Version incorporating amendments as at 14 July 1997
15 TABLE OF PROVISIONS
Section Page
THIS PAGE IS TO BE MASKED
Version No. 010
Commonwealth Powers (Family Law--Children) Act 1986
20 Act No. 92/1986
Version incorporating amendments as at 14 July 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to refer to the Parliament of the Commonwealth certain
25 powers relating to Family Law.
2. Commencement
This Act comes into operation on a day to be proclaimed.
3. Reference of certain matters relating to children
(1) The following matters, to the extent to which they are not otherwise included in
30 the legislative powers of the Parliament of the Commonwealth, are referred to the
Parliament of the Commonwealth for a period commencing on the day on which this
Act comes into operation and ending on the day fixed, pursuant to section 4, as the
day on which the reference under this section will terminate, but no longer namely--
(a) the maintenance of children and the payment of expenses in relation to children or
35 child bearing;
(b) the custody and guardianship of, and access to, children.
(2) The matters referred by sub-section (1) do not include the matter of the
taking, or the making of provision for or in relation to authorizing the taking, of
action that would prevent or interfere with--
40 (a) a Minister of the Crown, an officer of the State, an officer of an adoption agency
approved under a law of the State, or any other person or body having or acquiring
the custody, guardianship, care or control of children under a provision of an Act
specified in the Schedule; or
(b) the payment of maintenance in respect of children who are in such custody,
45 guardianship, care or control; or
(c) the jurisdiction of the Supreme Court to make orders in respect of children
who are in such custody, guardianship, care or control; or
(d) the jurisdiction of a court of the State, under a provision of an Act specified in the
Schedule, to make orders, or take any other action, in respect of--
50 s. 3
(i) the custody, guardianship, care or control of children; or
(ii) access to children or the supervision of children.
(3) In the preceding provisions of this section--
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(a) the references to children shall be construed as references to persons under the age
of 18 years; and
(b) the references to the maintenance of, and the payment of expenses in relation to,
children shall be construed as including references to the maintenance of, and the
5 payment of expenses in relation to, persons who have attained that age and have
special needs in respect of maintenance or expenses by reason of being engaged in a
course of education or training or by reason of a physical or mental handicap; and
(c) the references to an Act specified in the Schedule shall be read as references to
that Act as amended and in force from time to time, and as including a reference to
10 any Act or Acts replacing that Act and as amended and in force from time to time.
4. Termination of reference
s. 4
The Governor in Council may, at any time, by proclamation published in the
Government Gazette, fix a day as the day on which the reference under this Act shall
15 terminate.
__________________
Sch.
amended by Nos 16/1987
s. 4(3)(Sch. 1 item 6), 56/1989
20 s. 286(Sch. 2 item 3).
SCHEDULE
Sch.
Section 3
Children and Young Persons Act 1989
25 Community Services Act 1970
NOTES
1. General Information
Notes
Minister's second reading speech--
30 Legislative Assembly: 17 September 1986
Legislative Council: 7 October 1986
The long title for the Bill for this Act was "A Bill to refer to the Parliament of the
Commonwealth certain matters relating to Family Law.".
The Commonwealth Powers (Family Law--Children) Act 1986 was assented to on
35 16 December 1986 and came into operation on 28 October 1987: Government Gazette
28 October 1987 p. 2925.
2. Table of Amendments
Notes
This Version incorporates amendments made to the Commonwealth Powers
40 (Family Law--Children) Act 1986 by Acts and subordinate instruments.
-------------------------------------------------------------
Community Services Act 1987, No. 16/1987
Assent Date: 12.5.87 Commencement Date: S. 4(3)(Sch. 1 item 6) on 22.2.89:
Government Gazette 22.2.89 p. 386 Current State: This information relates only to
45 the provision/s amending the Commonwealth Powers (Family Law--Children) Act
1986 Children and Young Persons Act 1989, No. 56/1989
Assent Date: 14.6.89 Commencement Date: S. 286 on 31.1.91: Special Gazette (No.
9) 31.1.91 p. 2; Sch. 2 item 3 on 30.9.92: Government Gazette 26.8.92 p. 2470
Current State: This information relates only to the provision/s amending the
50 Commonwealth Powers (Family Law--Children) Act 1986 ----------------------------
---------------------------------
3. Explanatory Details
Notes
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No entries at date of publication.
END QUOTE
.
The State of Victoria (as did other States) legislated for the Commonwealth Powers (Family
5 Law---Children) Act 1986. This purportedly giving legislative powers within subsection
51(xxxvii) of the Commonwealth of Australia Constitution to the Commonwealth. Not only
could subsection 51(xxxvii) not be used for this, but also unless there is a referendum to approve
of such reference of legislative powers it would remain ULTRA VIRES. Further, any matter
validly referred to within the provisions of subsection (xxxvii) would become “federal law”, and
10 be beyond State legislation from then on, once the Commonwealth has legislated upon it. The
Commonwealth Powers (Family Law---Children) Act 1986 purports to be valid until the
Governor is to make a proclamation otherwise, etc. Clearly, this underlines that the State of
Victoria never had any understanding as to what subsection 51(xxxvii) stood for. Once a
reference of power has been referred to the Commonwealth in a valid manner, then once the
15 Commonwealth legislate upon this, the State lost any legislative powers upon this matter.
Further, the Commonwealth could not act upon any validly referred matters (within subsection
51(xxxvii) ) where this required expenditure, as the Commonwealth is not permitted to fund such
matters out of Consolidated Revenue. As such, any reference of powers that were to incur cost to
be dealt with, would have to include an additional provisions for the Commonwealth to levy a
20 special charge against the State for funding this. Again the Framers of the Constitution made
clear that subsection 51(iii) as to taxation) could not be used for this. Subsection 51(iii) is to fund
Commonwealth matters for the whole of the Commonwealth, and not for particular State related
matters that were referred to by a particular State.
QUOTE
25 4. Termination of reference s. 4 The Governor in Council may, at any time, by
proclamation published in the Government Gazette, fix a day as the day on which the
reference under this Act shall terminate.
END QUOTE
The Framers of the Constitution made clear, that once the Commonwealth had acted upon any
30 legislation, then the state had no further legislative powers to deal with this. Hence, any
purported termination of reference could not apply.

In fact, the Framers of the Constitution referred that the purpose of subsection 51(xxxvii) was
one to enable the Commonwealth to be the arbitrator in matters in dispute between the States,
35 albeit not involving all States. Hence, the Commonwealth Powers (Family Law---Children) Act
1986 is not such a “matter’ that is in dispute between 2 or more but not all States.
We then have the concoction of the Federal Courts (State Jurisdiction) Act 1999, which
purports to legally validate unconstitutional federal court Orders (Being it from the Family Court
of Australia and/or Federal Court of Australia.) Again, we have a clear misconception about the
40 function and positions of those Courts.
Likewise, the Commonwealth Powers (Industrial Relations) Act 1996 was beyond legislative
powers for the State of Victoria to refer to the Commonwealth of Australia as it was not a
“matter’ in dispute between two or more but not all States.
.
45 As much as all the colonies had to have a colonial referendum to allow for the transfer of
colonial powers to the Commonwealth of Australia then likewise any reference of legislative
powers by a State that effectually reduces the State constitutional powers is an amendment
to the State constitution then it requires a State referendum to approve of this.
.
50 Remember?
Hansard 1-3-1898 Constitution Convention Debates
QUOTE

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Mr. WISE.-If the Federal Parliament chose to legislate upon, say, the education
question-and the Constitution gives it no power to legislate in regard to that question-the
Ministers for the time being in each state might say-"We are favorable to this law, because
we shall get £100,000 a year, or so much a year, from the Federal Government as a subsidy
5 for our schools," and thus they might wink at a violation of the Constitution, while no
one could complain. If this is to be allowed, why should we have these elaborate
provisions for the amendment of the Constitution? Why should we not say that the
Constitution may be amended in any way that the Ministries of the several colonies
may unanimously agree? Why have this provision for a referendum? Why consult the
10 people at all? Why not leave this matter to the Ministers of the day? But the proposal
has a more serious aspect, and for that reason only I will ask permission to occupy a
few minutes in discussing it.
END QUOTE
.
15 Again; “Why should we not say that the Constitution may be amended in any way that the
Ministries of the several colonies may unanimously agree? Why have this provision for a
referendum? Why consult the people at all? Why not leave this matter to the Ministers of
the day?”. And this is what is the current manipulation of powers to use CoAG (Council of
Australian Governments) to circumvent or at least to try to circumvent constitutional limitations.
20 A clear example is the s.101 Inter-State Commission regarding trade and commerce that as I
understand is railroaded so a political party in power can pork barrel instead any local
community regardless it is unconstitutional. Still, while the Commonwealth may use this kind of
system it will be a matter of time before as like the purported Cross Vesting Act which was
found to be unconstitutional likewise other purported legislation such as the Commonwealth
25 Powers legislations are deemed unconstitutional.
The problem is however that in the meantime the very politicians who are employed to act as
agents for the people are betraying the people!
.
Hansard 17-3-1898 Constitution Convention Debates
30 QUOTE Mr. BARTON.-
Providing, as this Constitution does, for a free people to elect a free Parliament-giving
that people through their Parliament the power of the purse-laying at their mercy
from day to day the existence of any Ministry which dares by corruption, or drifts
through ignorance into, the commission of any act which is unfavorable to the people
35 having this security, it must in its very essence be a free Constitution. Whatever any
one may say to the contrary that is secured in the very way in which the freedom of
the British Constitution is secured. It is secured by vesting in the people, through their
representatives, the power of the purse, and I venture [start page 2477] to say there is
no other way of securing absolute freedom to a people than that, unless you make a
40 different kind of Executive than that which we contemplate, and then overload your
Constitution with legislative provisions to protect the citizen from interference. Under
this Constitution he is saved from every kind of interference. Under this Constitution
he has his voice not only in the, daily government of the country, but in the daily
determination of the question of whom is the Government to consist. There is the
45 guarantee of freedom in this Constitution. There is the guarantee which none of us
have sought to remove, but every one has sought to strengthen. How we or our work
can be accused of not providing for the popular liberty is something which I hope the
critics will now venture to explain, and I think I have made their work difficult for
them. Having provided in that way for a free Constitution, we have provided for an
50 Executive which is charged with the duty of maintaining the provisions of that
Constitution; and, therefore, it can only act as the agents of the people.
END QUOTE
.
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HANSARD 27-1-1898 Constitution Convention Debates
[start page 225]

Mr. GLYNN (South Australia).-In connexion with the point raised by Dr. Quick that this
provision might lead to an amendment of the Constitution otherwise than under clause 121,
5 I would like to suggest that the reference would be as to a specific point. It might be to
settle a particular matter of legislation, but not a general power. But we are still in this
dilemma: That the state might, by referring the matter to the state Parliament,
deprive itself of the right of repeal, and thus take away the general power of
legislation from the state Parliament. As I understand, a state Parliament cannot at
10 present abrogate its own powers. It might pass a particular Act or it might repeal an
Act, but here the Parliament of the state is giving away some power without the
consent of the people of the state. We are giving power to the state Parliament to give
away their sovereign powers without the consent of their people.
.
15 17 U.S. 518, 4 L.Ed. 629, 4 Wheat. 518, (Cite as: 17 U.S. 518), TRUSTEES OF
DARTMOUTH COLLEGE v. WOODWARD.
QUOTE
I hope enough has been said, to show, that the trustees possessed vested liberties,
privileges and immunities, under this charter; and that such liberties, privileges and
20 immunities, being once lawfully obtained and vested, are as inviolable as any vested
rights of property whatever. Rights to do certain acts, such, for instance, as the
visitation and superintendence of a college, and the appointment of its officers, may
surely be vested rights, to all legal intents, as completely as the right to posses
property. A late learned judge of this court has said, when I say, that a right is vested
25 in a citizen, I mean, that he has the power to do certain actions, or to possess certain
things, according to the law of the land. 3 Dall. 394.

*577 If such be the true nature of the plaintiffs' interests under this charter, what are
the articles in the New Hampshire bill of rights which these acts infringe? They
infringe the second article; which says, that the citizens of the state have a right to
30 hold and possess property. The plaintiffs had a legal property in this charter; and
they had acquired property under it. The acts deprive them of both; they impair and
take away the charter; and they appropriate the property to new uses, against their
consent. The plaintiffs cannot now hold the property acquired by themselves, and
which this article says, they have a right to hold. They infringe the twentieth article.
35 By that article it is declared, that in questions of property, there is a right to trial; the
plaintiffs are divested, without trial or judgment. They infringe the twenty-third
article. It is therein declared, that no retrospective laws shall be passed; the article
bears directly on the case; these acts must be deemed retrospective, within the settled
construction of that term. What a retrospective law is, has been decided, on the
40 construction of this very article, in the circuit court for the first circuit. The learned
judge of that circuit, says, 'every statute which takes away or impairs vested rights,
acquired under existing laws, must be deemed retrospective.' Society v. Wheeler, 2
Gallis. 103. That all such laws are retrospective, was decided also in the case of Dash
v. Van Kleeck, 7 Johns. 477, where a most learned *578 judge quotes this article from
45 the constitution of New Hampshire, with manifest approbation, as a plain and clear
expression of those fundamental and unalterable principles of justice, which must lie
at the foundation of every free and just system of laws. Can any man deny, that the
plaintiffs had rights, under the charter, which were legally vested, and that by these
acts, those rights are impaired? [FN7] These *579 acts infringe also, the thirty-
50 seventh article of the constitution of New Hampshire; which says, that the powers of
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government shall be kept separate. By these acts, the legislature assumes to exercise a
judicial power; it declares a forfeiture, and resumes franchises, once granted, without trial
or hearing. If the constitution be not altogether waste paper, it has restrained the
power of the legislature in these particulars. If it has any meaning, it is, that the
5 legislature shall pass no act, directly and manifestly impairing private property, and
private privileges. It shall not judge, by act; it shall not decide, by act; it shall not
deprive, by act. But it shall leave all these things to be tried and adjudged by the law
of the land.

FN7 'It is a principle in the English law, as ancient as the law itself,' says
10 Chief Justice KENT, in the case last cited, 'that a statute, even of its
omnipotent parliament, is not to have a retrospective effect. Nova constitutio
futuris formam imponere debet, et non praeteritis. (Bracton, lib. 4, fol. 228; 2 Inst.
292.) The maxim in Bracton was probably taken from the civil law, for we
find in that system the same principle, that the law-giver cannot alter his
15 mind, to the prejudice of a vested right. Nemo potest mutare consilium suum in
alterius injuriam. (Dig. 50, 17, 75.) This maxim of Papinian is general in its
terms; but Dr. Taylor (Elements of the Civil Law 168) applies it directly as a
restriction upon the law-giver; and a declaration in the code leaves no doubt as to
the sense of the civil law. Leges et constitutiones futuris certum est dare formam
20 negotiis, non ad facta praeterita revocari nisi nominatim, et de praeterito
tempore, et adhue pendentibus negotiis cautum sit. (Cod. 1, 14, 7.) This passage,
according to the best interpretation of the civilians, relates not merely to
future suits, but to future, as contradistinguished from past, contracts and
vested rights. (Perezii, Praelec. hit.) It is, indeed, admitted, that the prince
25 may enact a retrospective law, provided it be done expressly; for the will of
the prince, under the despotism of the Roman emperors, was paramount to
every obligation. Great latitude was anciently allowed to legislative expositions
of statutes; for the separation of the judicial, from the legislative, power, was not
then distinctly known or prescribed. The prince was in the habit of interpreting his
30 own laws for particular occasions. This was called the interlocutio principis; and
this, according to Huber's definition, was, quando principes inter partes
loquuntur, et jus dicunt. (Praelec. Juris. Rom., vol. 2, 545.) No correct civilian,
and especially, no proud admirer of the ancient republic (if any such then
existed), could have reflected on this interference with private rights, and
35 pending suits without disgust and indignation; and we are rather surprised to
find, that under the violent and irregular genius of the Roman government,
the principle before us should have been acknowledged and obeyed to the
extent in which we find it. The fact shows, that it must be founded in the
clearest justice. Our case is happily very different from that of the subjects of
40 Justinian. With us, the power of the law-giver is limited and defined; the judicial
is regarded as a distinct, independent power; private rights have been better
understood, and more exalted in public estimation, as well as secured by
provisions dictated by the spirit of freedom, and unknown to the civil law. Our
constitutions do not admit the power assumed by the Roman prince; and the
45 principle we are considering, is now to be regarded as sacred.'
The fifteenth article has been referred *580 to before. It declares, that no one shall be
'deprived of his property, immunities or privileges, but by the judgment of his peers,
or the law of the land.' Notwithstanding the light in which the learned judges in New
Hampshire viewed the rights of the plaintiffs under the charter, and which has been before
50 adverted to, it is found to be admitted, in their opinion, that those rights are privileges,
within the meaning of this fifteenth article of the bill of rights. Having quoted that article,
they say, 'that the right to manage the affairs of this college is a privilege, within the
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meaning of this clause of the bill of rights, is not to be doubted.' In my humble opinion, this
surrenders the point. To resist the effect of this admission, however, the learned judges
add, 'but how a privilege can be protected from the operation of the law of the land,
by a clause in the constitution, declaring that it shall not be taken away, but by the
5 law of the land, is not very easily understood.' This answer goes on the ground, that
the acts in question are laws of the land, within the meaning of the constitution. If they
be so, the argument drawn from this article is fully answered. If they be not so, it
being admitted that the plaintiffs' rights are 'privileges,' within the meaning of the
article, the argument is not answered, and the article is infringed by the acts. Are then
10 these acts of the legislature, which affect only particular persons and their particular
privileges, laws of the land? Let this question be answered by the text of Blackstone: 'And
first, it (i. e., law) is a rule; not a transient sudden order from a superior, to or concerning a
particular *581 person; but something permanent, uniform and universal. Therefore, a
particular act of the legislature, to confiscate the goods of Titius, or to attaint him of
15 high treason, does not enter into the idea of a municipal law; for the operation of this
act is spent upon Titius only, and has no relation to the community in general; it is
rather a sentence than a law.' 1 Bl. Com. 44. Lord Coke is equally decisive and emphatic.
Citing and commenting on the celebrated 29th chap. of magna charta, he says, 'no
man shall be disseised, &c., unless it be by the lawful judgment, that is, verdict of
20 equals, or by the law of the land, that is (to speak it once for all), by the due course
and process of law.' 2 Inst. 46. Have the plaintiffs lost their franchises by 'due course and
process of law?' On the contrary, are not these acts 'particular acts of the legislature,
which have no relation to the community in general, and which are rather sentences
than laws?' By the law of the land, is most clearly intended, the general law; a law,
25 which hears before it condemns; which proceeds upon inquiry, and renders judgment
only after trial. The meaning is, that every citizen shall hold his life, liberty, property
and immunities, under the protection of the general rules which govern society.
Everything which may pass under the form of an enactment, is not, therefore, to be
considered the law of the land. If this were so, acts of attainder, bills of pains and
30 penalties, acts of confiscation, acts reversing judgments, and acts directly transferring
one man's *582 estate to another, legislative judgments, decrees and forfeitures, in all
possible forms, would be the law of the land. Such a strange construction would
render constitutional provisions, of the highest importance, completely inoperative
and void. It would tend directly to establish the union of all powers in the legislature.
35 There would be no general permanent law for courts to administer, or for men to live
under. The administration of justice would be an empty form, an idle ceremony.
Judges would sit to execute legislative judgments and decrees; not to declare the law,
or to administer the justice of the country. 'Is that the law of the land,' said Mr.
Burke, 'upon which, if a man go to Westminster Hall, and ask counsel by what title or
40 tenure he holds his privilege or estate, according to the law of the land, he should be
told, that the law of the land is not yet known; that no decision or decree has been
made in his case; that when a decree shall be passed, he will then know what the law
of the land is? Will this he said to be the law of the land, by any lawyer who has a rag
of a gown left upon his back, or a wig with one tie upon his head?'
45 END QUOTE
.
With the Australian Greens, as I understand it, wanting to abolish the States one then have to be
concerned indeed that if they are in power they may very well just sign-over by reference of
legislative powers all State legislative powers and by this effectively terminate the existence of a
50 State. It cannot be held that this then is the will of the electors because without a specific State
referendum it never can be deemed to be sanctioned by the State electors.
.
QUOTE
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http://www.news.com.au/couriermail/comments/0,23836,25679979-952,00.html

Most want to ditch states


By Steven Wardill

5 June 23, 2009 11:00pm

QUEENSLANDERS are convinced they are over-governed and there is one set of
politicians of a particular persuasion in their crosshairs - state MPs.
A Galaxy Poll, conducted exclusively for The Courier-Mail, revealed a majority of
Queenslanders believed Australia's three-tier system of government was too much.
10
Most people believe the level of government that has got to go are the states despite their
responsibility to deliver key services such as health, education, roads and law and order.
 Read Full Story

Your say: Should the states be abolished?


15 Vote now: Is Australia over-governed?
Vote now: Which tier of government should go?
Vote: Should we have a referendum on ditching states?
Former Brisbane lord mayor Jim Soorley yesterday said Australia should use the tough
economic times to get rid of the states and build "regional governments".
20 "The reality is we can no longer afford state governments," he said. "Get rid of them."
Mr Soorley said states were "historical relics" and cost Australia billions of dollars a year in
duplication and waste.
"Now is the time for Australia to wake up and get rid of the states," he said.
"They are totally dysfunctional. What do they do?"
25 The Galaxy Poll found two out of three people believed they were over-governed and the
opinion was evenly held between Labor and conservative voters.
States were the most popular level of government volunteered by Queenslanders for
abolition followed by local councils.
According to Galaxy, 56 per cent of people believe Premier Anna Bligh's regime should be
30 blotted out in a bid to reduce bureaucracy while 29 per cent preferred getting rid of their
local council.
Only 8 per cent of people believed the Federal Government should go.
Getting rid of the states was the most popular option among conservative voters with 63 per
cent backing this scenario compared with 23 per cent who took aim at their local council.
35 Labor voters were more evenly split with 42 per cent preferring the abolition of the states
while 41 per cent suggested the demise of their council.
However, state Liberal National MP Aidan McLindon has proposed getting rid of local
councils and re-establishing an Upper House in Queensland.
Mr McLindon told Parliament that Queensland's current crop of 73 mayors could become
40 the inaugural members.
"Get rid of 480 councillors, but hold on to your 73 mayors and we can do a switcheroo and
they can become the Upper House," Mr McLindon said.
END QUOTE
.
45 The nonsense with this kind of poll is that people are led to believe that there are three levels of
government even so there are only two as municipal and shire councils are constitutionally not a
level of government at all. As such, people were in my view misled as to the correctness of the
poll. The problem that exist however is that too much power has been passed on to the municipal
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and shire councils and they have started to terrorise ratepayers in all kind of manner such as
litigating at ratepayers expense even if there is nothing to litigate about but this document will
not go into those details now as they have been extensive canvassed in published books in the
INSPECTOR-RIKATI® series on certain constitutional and other legal issues.
5 .
With property laws we have to consider also that if husband-wife relationships no longer are the
issue then will we next have a pillow through legal representative (perhaps appointed by the
courts to represent the pillow) sue the husband for maintenance? Will a court appoint a lawyer
for the “kid” (with the mother goat having died) to sue the husband of child support, future
10 education allowance, etc? It might sound silly but we may just in time get this kind of nonsense
becoming reality.
Why should homosexuals be entitled to rights of marriages and not those who are concubines or
living in commune Perhaps we might soon find a divorce where a wife claims the goat as the
other wife and sue her for “alienation of affections”?
15 As shown in the research quoted below a man was upset because his (female) dog partner had
died and even so he still was married he missed the sex life with the dog. Did he claim Social
Security from Centrelink for his (dog) partner as a dependent and indeed so also from the
Australian Taxation Office for tax deductions. After all Centrelink is recognising De Facto
relationships between a man and a woman even so the man already might be married! Also
20 between two people of the same sex! Is it not nonsense for Centrelink to allow this to go on
while in breach of the Family Law Act 1975 where a marriage is between one man and one
woman?
.
In my view, when you allow the misuse of marriage laws for anything but a relationship by
25 marriage between one man and one woman then you are asking for problems as if it is good
enough for homosexuals then it should be good enough for commune’s, bestiality relationships
and bed-linen relationships, etc.
.
As the report (quoted below) also indicates there are women who desire sexual satisfaction from
30 riding bare a horse. Are we next going to accept this as a sexual relationship constituting as
marriage? Then the horse may claim property settlement or someone will appoint lawyers for the
horse to contest any property when the rider decides to get another horse and the horse then can
claim having obviously contributed to the income of the rider by having been the one doing all
the work during a riding contest, etc. No doubt ample of lawyers will be ready to take up such
35 nonsense of cases.
.
QUOTE
http://familyrelationships.gov.au/www/agd/familyrelonline.nsf/status/973B1AA2E88C90B
4CA25751A0006943D?OpenDocument#d1
40
Property division when de facto relationships break down - new Commonwealth law for
separating de facto couples

New Commonwealth laws for the division of property for people in de facto relationships
45 that break down commenced on 1 March 2009.
The new laws bring separating de facto couples, on the division of property and the
payment of spouse maintenance, within the federal family law regime under the Family
Law Act 1975.
The new laws enable de facto couples to access, as married couples can, the Family Court
50 of Australia and the Federal Magistrates Court (the Family Law Courts) for property and
spousal maintenance matters. Cases between de facto couples concerning their children
have been within the federal family law regime since 1988.

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 What do the new laws do?

 What relationships are covered?

 In which States and Territories do the new laws apply?

 My relationship broke down before 1 March 2009. Do the new laws apply?
5  What if I don't want to be covered by these laws?

 When and how can I apply?

What do the new laws do?


The new laws provide for de facto couples, when they separate, to obtain property
settlements on the principles that apply under the Family Law Act 1975 to married couples.
10 This is a change from the laws that applied before 1 March 2009. Those laws also differed
depending on the particular State or Territory law that applied.
The new laws enable the Family Law Courts to order a division of any property that the
couple own, either separately or together with each other. Superannuation that each partner
has can also be split (married couples have been able to split superannuation since 2002).
15 Spouse maintenance can also be ordered (not previously possible in Queensland or, until
very recently, in Victoria).
The Family Law Courts can make these orders if satisfied of one of the following:
 the period (or the total of the periods) of the de facto relationship is at least 2 years

 there is a child of the de facto relationship


20  one of the partners made substantial financial or non-financial contributions to their
property or as a homemaker or parent and serious injustice to that partner would result if
the order was not made, or

 the de facto relationship has been registered in a State or Territory with laws for the
registration of relationships.

25 What relationships are covered?


A de facto relationship is a relationship that two people who are not married or related by
family have as a couple living together on a ‘genuine domestic basis’.
It can exist between 2 people of the opposite sex, or between 2 people of the same sex.
All the circumstances of the relationship will determine whether a couple have a de facto
30 relationship. These include:
 the duration of their relationship

 the nature and extent of their common residence

 whether a sexual relationship exists

 the degree of financial dependence or interdependence, and any arrangements for


35 financial support, between them
 the ownership, use and acquisition of their property

 their degree of mutual commitment to a shared life

 whether the relationship has been registered, in a State or Territory with laws for the
registration of relationships
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 the care and support of children, and

 the reputation and public aspects of their relationship.

In which States and Territories do the new laws apply?


The new laws apply to couples whose de facto relationship has a geographical connection
5 with New South Wales, Victoria, Queensland, Tasmania, the Australian Capital Territory,
the Northern Territory or Norfolk Island.
Where orders are sought in the Family Law Courts, the new laws will apply if the couple
were ordinarily resident in one of those States or Territories when their de facto
relationship broke down.
10 Alternatively, the new laws will also apply where court orders are sought if:
 the couple were ordinarily resident in one or more of those States or Territories during
at least one third of their de facto relationship, or

 the party applying for the order made substantial financial or non-financial
contributions to property or as a homemaker or parent in one or more of those States
15 or Territories
provided that one of the parties is ordinarily resident in one of the States or Territories
when the application to the court is made.

My relationship broke down before 1 March 2009. Do the new laws


apply?
20 The new laws apply to de facto relationships that break down on or after 1 March 2009.
State or Territory laws continue to apply to couples whose relationship broke down before
1 March 2009, although they may choose that the new laws apply to them.
The choice must be in writing and signed by both of them after each has obtained
independent legal advice and received a signed statement from their lawyer that the advice
25 was given.
Couples who have obtained final court orders about their property or for payment of spouse
maintenance under a State or Territory law can not choose to apply the new laws. Neither
can couples who have made a written agreement binding courts on those matters under
State or Territory law, except where the agreement has ceased to have effect without
30 property being distributed or maintenance paid.

What if I don’t want to be covered by these laws?


It is possible for a couple to make it clear that they do not want the new laws to apply to
their relationship. Couples can make an agreement about how they will distribute their
property and maintain each other if their relationship was to break down. These are called
35 binding financial agreements and can only be entered into after both parties have obtained
independent legal advice.
Binding financial agreements can be made before entering into a relationship or during a
relationship.
Written agreements binding courts that couples made about their property or spouse
40 maintenance under State or Territory law before 1 March 2009 continue to apply.

When and how can I apply?


Parties must apply to one of the Family Law Courts within 2 years of the end of their de
facto relationship. In limited circumstances, one of those courts may grant leave to make an
application after the end of that period.
45 For more information about making an application for a court order under the new laws:

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 go to www.familylawcourts.gov.au, or

 call 1300 352 000


END QUOTE
.
5 Again:
QUOTE
http://au.news.yahoo.com/a/-/latest/5767879/govt-wont-budge-on-civil-unions/

Govt won't budge on civil unions


AAP August 1, 2009, 12:53 pm
10 Labor looks set to remove the explicit definition of marriage being between a man and
a woman from its national platform but the Rudd government won't move to legalise same-
sex civil unions or gay marriage.
END QUOTE
And
15 QUOTE
The new laws provide for de facto couples, when they separate, to obtain property
settlements on the principles that apply under the Family Law Act 1975 to married
couples.
END QUOTE
20 .
A LAW DICTIONARY ADAPTED TO THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
AMERICA AND OF THE SEVERAL STATES OF THE AMERICAN UNION With References to the Civil and
Other Systems of Foreign Law by John Bouvier.
SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED. VOL. I.
25 PHILADELPHIA CHILDS & PETERSON, 124 ARCH STREET 1856
QUOTE
BETROTHMENT. A contract between a man and a woman, by which they agree that
at a future, time they will marry together.
2. The requisites of this contract are 1. That it be reciprocal. 2.
30 That the parties be able to contract.
3. The contract must be mutual; the Promise of the one must be the
consideration for the promise of the other. It must be obligatory on both
parties at the same instant, so that each may have an action upon it, or it
will bind neither. 1 Salk. 24, Carth. 467; 5 Mod. 411; 1 Freem. 95; 3 Keb.
35 148; Co. Lit. 79 a, b.
4. The parties must be able to contract. if either be married at the
time of betrothment, the contract is void; but the married party cannot take
advantage of his own wrong, and set up a marriage or previous engagement,
as an answer to the action for the breach of the contract, because this
40 disability proceeds from the defendant's own act. Raym. 387 3 Just. 89; I
Sid. 112 1 Bl. Com. 438.

5. The performance of this engagement or completion of the marriage,


must be performed within a reasonable time. Either party may, therefore,
45 call upon the other to fulfill the engagement, and in case of refusal or
neglect to do so, within a reasonable time after request made, may treat the
betrothment as at an end, and bring action for the breach of the contract. 2
C. & P. 631.
6. For a breach of the betrothment, without a just cause, an action on
50 the case may be maintained for the recovery of damages. See Affiance;
Promise of Marriage.
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END QUOTE
.
We have seen that people make all kind of claims being it upon religious, customary, cultural or
5 other basis and Governments are often dumb enough to go along for the sake of political
benefits, such as gaining votes. The truth is that politicians are so to say betraying the electors
and worse the constitution and the position they hold because of the constitution.
.
An example is Muslim Sharia law allegedly requires a burka to be used by women outside their
10 residence and if visitors attend to their residence then they have the burka used also inside their
residence, ONLY ASS FAR AS I DISCOVERED THIS PRACTISE COMMENCED IN Iran
after the 1979 revolution and in turkey is is prohibited and as such is not at all a sharia law but
merely a law pending what the government regulate.
.
15 Jensen v. Quaring, 472 U.S. 478 (aff'd by equally divided Court) (1985) “Struck down
requirement that applicant submit to having photograph taken for affixing on driver's license as
unconstitutionally burdening free exercise.” Free Exercise Exemptions-Miscellaneous
.
The truth is that even in the old Persia, despite of Islamic religion women were prominently
20 pictured and not at all covered up. In the United States the religious issue also affects the States
whereas under Australian constitutional provisions s.116 only applies to the commonwealth of
Australia in federal matters but not for the Commonwealth of Australia in regard of Territorian
matters.
We have people wanting to have their kind of cultural conduct, religious or not, and we need
25 then to look at some examples how absurd it all can be.
Homosexual demand same sex marriage recognition even so they reject the institution of a
marriage as one man and one woman and cannot between themselves conceive a child.
In some countries living in a “commune” where all members of that community are living
together sharing everything equally. Some were known to be free loving and other had specific
30 purposes. In the free loving commune paternity of a child could relate to any of the male
members. The Commonwealth of australian having been build upon western values should not
then subject itself to whatever any other country may permit because “The Australian Way of
Life” is different then elsewhere and should be so retained.
.
35 Then as we can see from below;
.
http://www.dailytimes.com.pk/default.asp?page=story_23-12-2004_pg9_3
QUOTE
Following a Tharu community custom that holds that an old man who grows teeth
40 again, must take a dog as a bride, Phulram Chaudhary tied the knot with a dog in
Durgauli village in south-western Kailali district.
END QUOTE
.
Then consider the following also:
45 .
http://web.orange.co.uk/p/news/uk_world?menu=news.quirkies
Man marries himself
QUOTE
A Chinese man has married himself to express his "dissatisfaction ... News.
50 Quirkies. Quirky gaffes. Strange crime. Sex life. Animal tales. Sporting
quirkies..
END QUOTE
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.
http://en.wikipedia.org/wiki/Zoosexuality_and_the_law
QUOTE

Religious laws
5 main articles: Religious law
In certain religions, sex with animals was part of the legal framework of a theocratic
state, and as such the matter also falls under religious law. This is particularly the case for
Abrahamic religions such as Judaism, Christianity and Islam, although many other religions
and traditions such as Hindu, Buddhism and even Satanism have religious views and rules
10 on the matter which did not form part of a national legislative regime.
END QUOTE
.
QUOTE
http://en.wikipedia.org/wiki/Human-goat_sexual_intercourse

15 History
In Ancient Egypt, at the temple in Mendes, the goat was viewed as the incarnation of
the god of procreation. As a ritual of worship, the male priests would use female goats
for sex, and the female priests would do likewise with male goats.
END QUOTE
20 .
http://en.wikipedia.org/wiki/Sudanese_goat_marriage_inciden
QUOTE
In 2006, in the Sudanese goat marriage incident, a Sudanese man named Charles Tombe
was forced to "marry" a goat with which he was caught having sex in the Hai Malakal
25 suburb of Juba, Sudan.[1] The owner of the goat subdued the perpetrator and asked village
elders to consider the matter. One elder noted that he and the other elders found the
perpetrator, tied up by the owner, at the door of the goat shed. [2] The goat's owner reported
that, "They said I should not take him to the police, but rather let him pay a dowry for my
goat because he used it as his wife."
30 END QUOTE
And
QUOTE
On 3 May 2007 it was reported that the goat had died, having choked on a plastic bag. [7]
The goat was survived by a four-month old male kid.[2]
35 END QUOTE
.
As such the four month old kid of the goat being born within a marriage would be deemed under
the Family Law Act 1975 to be a “child of the marriage” where it was by both accepted a child
of the marriage, irrespective the kid might not have been conceived by the husbands sperm.
40 .
De Facto between De Facto husband and De Facto wife as humans or else?
.
Bestiality has been accepted over centuries as being a religious conduct and as such when we
accept that homosexuality is acceptable then why not the same with bestiality, communal sex,
45 etc? Not that I seek to promote any but for purpose of this document need to go into further
details as to show how the argument for homosexuals wanting to be accepted as a marriage kind
of relationship then if we do this then others in their kind of special relationship for religious or
other cultural grounds likewise can argue that their kind of matrimonial relationship such as
bestiality should be recognised as a marriage under Australian law.
50 .
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The paedophilia, etc, can be put aside as an offence because after all in some countries it is
a legal practice, as shown below. The question is if politicians for the sake of votes are
willing to destroy the western fabrics of society or if they make clear that a marriage is
between one man and one woman and we will not go down the path to recognise any kind
5 of relationship such as those referred to below as being acceptable relationships for lawful
recognised matrimonial relationships
.
When a person seeks employment and is offered to accept either part time employment with
higher wages but no long service leave, etc, or permanent employment with lesser wages but
10 with long service leave entitlements, etc, then it would be nonsense for the part timer later
demanding also to be entitled to long service leave and other benefits ordinary provided to a
permanent employee because the person “choose” to enter in a contract at the time most suitable
to this person.
Likewise homosexual, and those in all kind of other sexual relationships with animals or
15 whatever have chosen their kind of relationship and not that between a man and a woman
and as such cannot then claim the benefit of that of a marriage.
.
QUOTE
http://au.news.yahoo.com/a/-/newshome/6081057

20 Mistresses entitled to family fortune


AAP September 21, 2009, 5:48 am
Mistresses and love-children will soon be entitled to a share of the family fortune unless
there is a will in place specifically ruling them out.
Controversial new intestacy laws, to take effect in NSW early next year, introduce the
25 concept of "multiple spouses" to increase provision for de facto relationships, The Daily
Telegraph says.
This will have most impact where a married couple has separated but not divorced and the
dead spouse was having a relationship with a new partner. The new laws will also benefit
same-sex partnerships, where the deceased may have been involved with more than one
30 person, and cultural or religious groups that allow multiple wives.
The laws complement legislation enacted earlier this year that gave more rights to de facto
couples and same-sex partners in the event of a relationship breakdown.
"The term 'domestic partner' has been created to accommodate the new laws and includes a
person in a de facto relationship with the deceased for two years or more, or, if less than
35 two years, one that has resulted in the birth of a child," NSW Trustee and Guardian
principal legal officer Ruth Pollard said.
Whether or not a person is a de facto spouse depends on such factors as the length of the
relationship and public acceptance in the community - in the eyes of friends, for instance.
END QUOTE
40 .
Further below some more quotations but let it be clear that what may appear to be some
appeasement of homosexuals may soon turn out to be legislative provisions to permit any
bestiality relationship as a marriage to make claims.
We should hold that as much as we are constantly told we cannot interfere with the legal
45 processes and the laws of another country then likewise should we not have that the laws of
another country can be used to dominate australian legal provisions, yet this is ongoing taking
place and the burka issues is a clear example of this.
.
If we are going to accept a marriage of a one (1) year old child with an adult (by arrangement) is
50 nevertheless a marriage valid in the Commonwealth of Australia then paedophiles merely need to
travel to Yemen and marry a small child and by paying a dowry own the private parts of the child
and so can circumvent any laws that prohibit paedophilia because the person merely is engaging
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in sexual activities with his wife, regardless how young she might be. Hence, to avoid this kind
of immoral standards to develop within the Commonwealth of Australia we must hold sacred the
institution of marriage to between one man and one woman to the exclusion of all others and
anyone who desires to have the honour to be considered married and obtain those rights
5 associated with marriage should then consider they either get married to a person of the opposite
gender, being of age of consent to do so or they forgo the benefits of a marriage.
Politicians should accept they must not abuse and misuse their powers for the sake of trying to
get votes for an election as their position demands that they act honourable and not betray
children as such or the rest of the general community.
10 .
QUOTE
Muslim Sharia law... very scary

Saturday, 30 January, 2010 3:38 PM

From:
15 To:
She is a real person folks so......................For USA read UK as well.

Be sure to Google Nonie Darwish.....some very interesting reading. She is former Muslim
who converted to Christianity...these revelations are from one who knows....

READ AND WEEP FOR THE WORLD!


20
Nonie Darwish is real and widely published. This is sobering and disturbing material.
Hard to figure how to deal with it. Reminds me of the disastrous takeover of Afghanistan
by Taliban with newly imposed sharia law.

Joys of Muslim Women


25 by Nonie Darwish

In the Muslim faith a Muslim man can marry a child as young as 1 year old and have
sexual intimacy with this child. Consummating the marriage by 9. The dowry is given to
the family in exchange for the woman (who becomes his slave) and for the purchase of the
private parts of the woman, to use her as a toy.
30 Even though a woman is abused she can not obtain a divorce. To prove rape, the woman
must have (4) male witnesses. Often after a woman has been raped, she is returned to
her family and the family must return the dowry. The family has the right to execute
her (an honor killing) to restore the honor of the family.

Husbands can beat their wives 'at will' and he does not have to say why he has beaten her.
35
The husband is permitted to have (4 wives) and a temporary wife for an hour (prostitute) at
his discretion..

The Shariah Muslim law controls the private as well as the public life of the woman.

40 In the West World ( America & UK ) Muslim men are starting to demand Shariah Law so
the wife can not obtain a divorce and he can have full and complete control of her. It is
amazing and alarming how many of our sisters and daughters attending American
Universities are now marrying Muslim men and submitting themselves and their children
unsuspectingly to the Shariah law.
45
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By passing this on, enlightened American & UK women may avoid becoming a slave under
Shariah Law. Ripping the West in Two.

Author and lecturer Nonie Darwish says the goal of radical Islamists is to impose Shariah
5 law on the world, ripping Western law and liberty in two. She recently authored the book,
Cruel and Usual Punishment: The Terrifying Global Implications of Islamic Law..

Darwish was born in Cairo and spent her childhood in Egypt and Gaza before immigrating
to America in 1978, when she was eight years old. Her father died while leading covert
10 attacks on Israel . He was a high-ranking Egyptian military officer stationed with his
family in Gaza ...

When he died, he was considered a "shahid," a martyr for jihad. His posthumous status
earned Nonie and her family an elevated position in Muslim society. But Darwish
15 developed a skeptical eye at an early age. She questioned her own Muslim culture and
upbringing. She converted to Christianity after hearing a Christian preacher on television.

In her latest book, Darwish warns about creeping sharia law - what it is, what it means, and
how it is manifested in Islamic countries.
20
For the West, she says radical Islamists are working to impose sharia on the world. If that
happens, Western civilization will be destroyed. Westerners generally assume all religions
encourage a respect for the dignity of each individual. Islamic law (Sharia) teaches that
non-Muslims should be subjugated or killed in this world.
25
Peace and prosperity for one's children is not as important as assuring that Islamic law rules
everywhere in the Middle East and eventually in the world. While Westerners tend to think
that all religions encourage some form of the golden rule, Sharia teaches two systems of
ethics - one for Muslims and another for non-Muslims. Building on tribal practices of the
30 seventh century, Sharia encourages the side of humanity that wants to take from and
subjugate others.

While Westerners tend to think in terms of religious people developing a personal


understanding of and relationship with God, Sharia advocates executing people who ask
35 difficult questions that could be interpreted as criticism.

It's hard to imagine, that in this day and age, Islamic scholars agree that those who criticize
Islam or choose to stop being Muslim should be executed. Sadly, while talk of an Islamic
reformation is common and even assumed by many in the West, such murmurings in the
40 Middle East are silenced through intimidation.
While Westerners are accustomed to an increase in religious tolerance over time, Darwish
explains how petro dollars are being used to grow an extremely intolerant form of political
Islam in her native Egypt and elsewhere.

45 In twenty years there will be enough Muslim voters in the U.S. to elect the President by
themselves! Rest assured they will do so... You can look at how they have taken over
several towns in the USA .. Dearborn Mich. is one... and there are others...

I think everyone in the U.S. should be required to read this, but with the ACLU, there is no
50 way this will be widely publicized, unless each of us sends it on!

It is too bad that so many are disillusioned with life and Christianity to accept Muslims as
peaceful.. some may be but they have an army that is willing to shed blood in the name of
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Islam.. the peaceful support the warriors with their finances and own kind of patriotism to
their religion..

While America/UK is getting rid of Christianity from all public sites and erasing God from
5 the lives of children the Muslims are planning a great jihad on America ..

This is your chance to make a difference...! Pass it on to your email list or at least those you
think will listen.

END QUOTE
10 .
QUOTE
Human-goat sexual intercourse - Wikipedia, the free encyclopedia

 History
15  Popular culture
 See also
 References

Human-goat sexual intercourse is one of the more common types of


20 bestiality. Of male zoophiles, 28% admitted sexual attraction to goats,
ranking fourth. In female zoophiles sexual..
http://en.wikipedia.org/wiki/Human-goat_sexual_intercourse - Cached
QUOTE
.
25 END QUOTE
http://en.wikipedia.org/wiki/Human-goat_sexual_intercourse

Human-goat sexual intercourse is one of the more common types of bestiality. Of male
zoophiles, 28% admitted sexual attraction to goats, ranking fourth. In female zoophiles
30 sexual attraction to goats is very rare or non-existent. Actual levels of sexual use of goats
were lower than this however.[1] The act is usually performed by a male human upon a goat
of either sex. Male goats do not commonly take the initiative to copulate with a human
female although some cases have been reported. [2]

Contents

35  1 History

 2 Popular culture

 3 See also

 4 References

History
40 In Ancient Egypt, at the temple in Mendes, the goat was viewed as the incarnation of the
god of procreation. As a ritual of worship, the male priests would use female goats for sex,
and the female priests would do likewise with male goats.[1] Similar activity was also
witnessed in Ancient Greece.[2] In the Middle Ages, the goat was associated with the Devil
as one of his preferred forms, often in connection with sexual deviance. Women under trial
45 as witches were forced to confess that they had sexual contact with the Devil in the form of
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an animal. In this regard however the goat was of the minority of forms the devil was cited
to have taken.[2]
There is a famous statue of the mythological satyr Pan using a goat for sex, which was
found in Pompeii. As with the rest of the erotic art in Pompeii, it shocked the Victorian
5 sensibilities of the time.[3]
In 1188, Gerald of Wales published Topographia Hibernica, an illustrated manuscript. [4] In
addition to depicting a king mating with a mare then drinking its blood, the manuscript
depicts a woman using a goat for sex. [4] The manuscript is one of history's earliest
propaganda tracts.[4]
10 In 2006 a Sudanese man was caught using his neighbor's goat for sex. As punishment the
village elders forced the man to marry 'Rose the goat' because "he used it as his wife".[5]

Popular culture
In the 2002 play The Goat: or, Who Is Sylvia? written by American playwright Edward
Albee, the character Martin, a famous architect, falls in love with a goat named Sylvia.[6]
15 Martin's use of the goat becomes known to his best friend.[6] The best friend tells Martin's
suburban wife, Stevie, and their 17-year-old son, who become devastated.[6][7]
In the 2004 comedy/horror film Club Dread, the Juan character admits to using a goat for
sex.[8]
In 2007, American artist Paul McCarthy displayed Cultural Gothic, a technologically
20 complex installation of wigged, mannequin-like figures.[9] Cultural Gothic shows a father
helping his son use a goat for sex, with a strangely distanced and robotic look. [9] The work
is "a deliberately ugly reflection of the base, dehumanizing and machismo instincts in
popular culture." Cultural Gothic served to indict of those instincts.[9]

See also
25  The Goat: or, Who Is Sylvia? - A play about a man who falls in love with a goat.

 Sudanese goat marriage incident

References
1. ^ a b Andrea M. Beetz. "Human sexual contact with animals".
2. ^ a b c Havelock Ellis (2004). "Studies in the Psychology of Sex, volume 5". ISBN
30 1554458315. Page 33. (Google book)

3. ^ Atiyah, Jeremy. (July 2, 2000) The Independent Where love and anchovies are in
the air. For an image, see not child safe image.

4. ^ a b c Irish Times (March 15, 2003) This land is our land. Section: Weekend. Page
55.

35 5. ^ Sudan man forced to 'marry' goat

6. ^ a b c Brown, Tony. (March 31, 2002) The Plain Dealer Broadway blasts off. Fresh
faces and old hands propel sales to a record. Section: Sunday Arts; Page J1.

7. ^ North Shore Times (April 14, 2006) Glib play with few straight laugh lines.
Section: 1; Page 37.

40 8. ^ Waltz. Amanda. (March 1, 2004) UWIRE "Club Dread" may be, in fact, dreaded.

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9. ^ a b c Turner, Elisa. (April 1, 2007) The Miami Herald L.A. Art Exposed. Rubell
exhibit explores West Coast scene. Section: M; page M3.
END QUOTE
.
5 QUOTE
http://www.fifine.org/whitefangsTexte/72-Englisch.html
Human sexual contact with animals

New insights from current Research


Quelle:
10 http://www.rki.de/GESUND/ARCHIV/BEETZ.HTM

Original von:
Andrea Beetz

5th Congress of the


15 EUROPEAN FEDERATION OF SEXOLOGY
Berlin, June 29 - July 2, 2000
"For a Millennium of Sexual Health"
Andrea M. Beetz
University of Erlangen, Germany
20 HUMAN SEXUAL CONTACT WITH ANIMALS
New insights from current Research

Sexual Contact with Animals throughout History


Throughout history we can find pictures, paintings and reports about humans having
25 sexual interactions with animals.
One of the earliest rock paintings, that shows a depiction of a man having intercourse
with a large quadruped (probably a deer), dates from the bronze age (the 2nd
millenium B.C.) (Dekkers, 1994). Ancient rock paintings in Siberia show the intercourse
of men with moose (Taylor, 1996). Another rock drawing from 5000 B.C. shows a fox/dog
30 copulating with a woman (Neret, 1994).
From a revision of the Sumerian and Akkadian law by Hammurabi in Babylonia (1955-
1913 B.C.) we know, that sex with animals must have been practiced there, since it is
explicitly forbidden by death penalty in one of the nearly 300 legal provisions.
Sometimes only the intercourse with certain kinds of animals - e.g. impure animals - was
35 forbidden, as in the society of the Hittites (13th Century B. C.). Thus, it was forbidden to
have sex with a dog or a cow, but not with a horse or a mule (Gregersen, 1983; Dekkers,
1994).
In the Old Testament all kinds of sexual contact with animals is prohibited. The references
read as follows:
40 "Whoever lies with a beast, shall be put to death" (Exodus 22:19)
"You shall not have sexual intercourse with any beast to make yourself unclean with it, nor
shall a woman submit herself to intercourse with a beast: that is violation of nature"
(Leviticus 18:28-24).
"A man who has sexual intercourse with an beast shall be put to death and you shall kill the
45 beast. If a woman approaches any animal to have intercourse with it you shall kill the
woman and the beast" (Leviticus 20: 15-16).
These biblical text-passages were the justification for punishing people with the death
penalty until up into the 18 th century, as can be seen from court reports.
Many paintings and carvings of humans engaging in sexual interactions with animals have
50 been found in various ancient religious temples (Davis, 1954). In Egypt, women copulated
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with male goats and men with female goats in the temple at Mendes to worship the goat as
the incarnation of the procreative deity. Widely known are reports from ancient Greek
mythology: especially Zeus - morphed into different kinds of animals - engaged in sex with
different women. The best known episode and the probably most painted one is that one,
5 where he copulates with Leda as a swan. On other occasions he took the shape of a bull to
rape Demeter and to have intercourse with Europa. As a stallion he had sex with Dia
(Ixion`s wife). In ancient Greece sexual acts with animals also were shown on stage. And in
Ancient Rome it is reported to have been common for the shepherds to have sex with their
sheep and there were brothels specializing in sex with different kinds of animals.
10 If we look long enough for information we can find reports and tales of sexual interaction
of humans with nearly all kinds of halfway anatomically suitable animals - dogs, horses,
goats, sheep, bears, large cats, foxes, donkeys, moose, deer, pigs, monkeys and apes, even
crocodiles. Also sex with animals, that do usually not survive the intercourse, as most
poultry and rodents, has been practiced.
15 Definitions of Terms
Sexual interaction of humans with animals is often referred to with different terms, such as
sodomy, bestiality, zoophilia and zooerasty. The usual definitions of these terms are shortly
described here (though different authors often give different definitions).
The rather outdated term sodomy is defined as "any sexual intercourse held to be abnormal,
20 especially bestiality or anal intercourse between men" (Neufeldt & Guralnik, 1989). Often
the term sodomy is used to describe any kind of "unnatural" sexual acts and "crimes against
nature" (Stayton, 1994).
Bestiality is mostly used to describe any sexual acts and relations between a human being
and an animal.
25 According to Rosenfeld (1967) and Rosenberger (1968) the term zooerasty is only
appropriate, if the intercourse with an animal is an established preference. Krafft-Ebing
(1935) uses that term for those with a pathological personality. But Masters (1966, 1962)
calls anyone, who has sexual relations with animals a "zooerast" and states, that the animal
sex is a kind of masturbation for those persons who have no emotional involvement with
30 the animal.
The term zoophilia is frequently used with the same meaning as bestiality. Masters (1966)
uses it to describe the predominant or exclusive desire for sexual relations with animals.
The term "zoophilia" is also known from the DSM-III (APA, 1980). In the current version
IV, it is included in the category "paraphilia not otherwise specified". The diagnostic
35 criteria of the DSM-III are: "the act or fantasy of engaging in sexual activity is a repeatedly
preferred or exclusive method of achieving sexual excitement".
According to the multiaxial system of the DSM-IV (APA, 1994) though, the person, in
addition to the usual criteria, also has to show clinically significant distress or impairment
in social, occupational or other important areas of functioning.
40 Though we know from recent research that the majority of people engaging in sex with
animals do not suffer in a clinically significant extent, and their social and occupational life
etc. is not necessarily impaired, I will call those people "zoophiles", or short "zoos",
because that is what they call themselves. From contacts made over the internet, chats and
email-lists I have learned, that the zoophile community - and there exists a zoo-community
45 in the internet - discriminates between "zoophiles" and "bestialists". Also in the internet
you can find many different definitions for these terms, but the bottom line mainly is: a
zoophile has an emotional attachment to the animal, or at least he/she cares about the
feelings, will and consent of the animal and is careful not to inflict any pain or distress to
the animal or even hurt it.
50 Bestialists are referred to as engaging in animal sex mainly for their own gratification,
sometimes not caring really much about the animals, or also as just having sex with the
animal because no human partner is available.

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Research on Human Sexual Contact with Animals
In the last century, there have been different opinions about the prevalence of human-
animal-sexual-interaction. According to general opinion, one is talking about a very limited
to a very insignificant part of the population, mainly mentally retarded, morally depraved
5 persons, farm boys and those who cannot get sex from a human partner.
Some more careful discussions of the subject can be found in the works of Freud (1963),
Hirschfeld (1948) and Krafft-Ebing (1935). But research on bestiality is rare and consists
mainly of single-case-studies and court reports. Certainly these studies provide us with
some important information about zoophilic persons, but we can assume that the ones who
10 get caught or volonteer for therapy are probably a special subgroup. According to Miletski,
who recently did a study with a large sample of 93 zoophiles (1999) there had been only
three important studies up to then, providing some information on prevalence and
frequency of human sexual interaction with animals. They had a closer look at the subject
and worked with larger samples. Unfortunately, at least some of the information must now
15 be assumed to be outdated. These 3 studies were done by Kinsey et al. (1948 & 1953),
Gebhard et al. (1965) and Hunt (1974).
Kinsey, Pomeroy and Martin`s (1948 and 1953) studies on sexual behavior in the US
provide a great deal of information on sexual contact with animals. In their studies we find
the first data on the prevalence of bestiality - among men they found it to be 8%. But they
20 find that in most cases the sexual contact occurs only a few times. They also state that the
animal contacts are mainly confined to farm boys, because those have access to animals.
According to their estimate about 40-50 % of all farm boys engage in sex with animals.
A third of the men had had their first sexual animal contact by the age of nine and about 6
% of their sample had their experiences during early adolescence. Among single men over
25 20 only 1% still had sex with animals - but for unmarried men in rural areas the figure was
still 4% at the age of 25. Not only farm animals were chosen for animal contacts, but also
cats and dogs.
In their study of 1953 on the sexuality of American women, Kinsey, Pomeroy, Martin and
Gebhard found, that animal contacts occur much less often among females than among
30 males. Only 1.5% of the females reported sexual contact with animals before adolescence,
mostly the household-pet. 20% of those who reported animal contact reached orgasm
through these experiences. Only 1.2 % reported repeated genital contact. 3.6% reported to
have had sexual contact with the animal after the onset of adolescence, and 1.8 % had these
experiences only until the age of 21. But there had also been some women who had their
35 animal experiences at a later age - mostly a one-time experience. Most of the females who
had sex with animals were single and were better educated than other participants of the
study. In 75% of the animal contacts the animal involved was a dog. The sexual activities
included general body contact, touching the animal`s genitalia, masturbation of the animal,
and being orally manipulated by the animal. Also intercourse with the animal was reported.
40 In their study of 1965 Gebhard, Gagnon, Pomeroy and Christenson compared different
types of sex offenders on several issues, and one of them was sex with animals. They
obtained data from over 1000 white males convicted of sex offenses, and two control
groups (misdemeanors/felonies, and traffic violations). For the purposes of their study, they
limited the definition of sexual experience with animals to penile penetration and
45 experiences after the onset of puberty. Neither the control group (traffic violations) nor the
sex offenders, who committed crimes against adults of the other sex both showed a
significantly higher prevalence of animal contacts than the average population (8.3%).
However, the heterosexual aggressors against minors had a significant higher amount of
animal experiences (33.3%) and the homosexual offenders against children under the age of
50 12 and adults both had an incidence rate of 24 %.
It is also important to notice that the majority of the individuals in the study had more
actual animal contacts than fantasies about it. From this finding, the researchers concluded

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that the lack of psychological involvement makes these experiences comparable to self-
masturbation.
Hunt (1974) analyzed and interpreted the data of 982 males and 1044 females from a
general sex survey (also including questions on bestiality). In comparison with the Kinsey
5 data, his findings indicate that there was a significant decline of the percentages of people,
who have sex with animals. The overall incidence for males was only 4.9 % compared to
Kinsey`s 8 %. For females, the number of post-puberty sexual contact with animals was 1.9
% in comparison to Kinsey`s 3.6 %. His explanation was that the proportion of the U.S.
population living on farms had shrunk. Hunt also finds that sexual animal contacts are
10 mostly due to teenage experimentation - and that most had only sexual contact with an
animal a few times. About half of the animals involved with men had been dogs, and the
common kind of sexual contact among women was licking of the genitalia by the animal
and masturbating the animal (no intercourse was reported).

15 Miletski`s Study on Zoophilia (1999)


Today, we are in possession of important new information on people who have sexual
relationships with their animals. This information comes from a recently published
monumental study in this field by Miletski in 1999 at the Institute for Advanced Study of
Human Sexuality in San Francisco.
20 Miletski used the internet to find zoophiles, and she also found them through
advertisements in a magazine often read by zoophiles (the Wild Animal Review). Here we
have the first sample entirely consisting of people who report sexual contact with animals.
Miletski designed a 350-item questionnaire and sent it to the people who replied to her
advertisements. She received data from 82 men and 11 women. She also sought personal
25 contact to some of these people via telephone and met some of them in person. Her study
provides us with a a great deal of new - sometimes surprising - information which differs
significantly from what we had learned from previous studies. Only some of her results can
be presented here.
Most of the responding men (48%) and women (45 %) were college graduates or above.
30 16% of the males work in computer-related fields, 11% are artists, about 9% are students
and about 7% work in animal-related fields. 27% of the females are students, 9% work in
animal-related fields and 18 % in the medical field.
26% of the men and 27% of the women have never been married or lived in a sexual
relationship with another person for a month or more. 32 % of the males and one woman
35 are currently married. But almost half of the men and the majority of women are currently
single.
One woman and 20 % of the males currently live on a farm and 67% of the males and 73%
of the females live with a pet (mostly canines, felines and equines).
Half of the men and 55 % of the women have been in psychotherapy. The most often
40 reported reason was depression, two men (out of 82) had a bipolar disorder, 3 had a
nervous breakdown, two had personality disorders and 2 men were diagnosed with
paraphilic disorders (exhibitionism, voyeurism). 22% of the men tried to commit suicide;
the reasons were isolation, loneliness, depression etc. in 7 cases, interpersonal problems
with lovers in 3 cases, and only 2 of the 82 men reported the reason was "being a zoophile.
45 About half of the men in psychotherapy told their therapist about their zoophilic activity,
and about half of those experienced negative reactions (the therapist thought he was
kidding and laughed, did not know what a zoophile was, intended to report him to the
authorities, tried to force him to stop).
The primary sexual fantasies of the men and women are
50  having sex with animals (76 % of males, 45% of females)

 watching other humans have sex with animals (35% of males, 40% of females)

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 having sex with a woman (28% of males, 0 % of females)

 having sex with a man (8% of males, 27% of females)

 having sex with children ( 7% of males, 0% of females)


83% of the men have experienced human heterosexual intercourse, and 90% of the women.
5 10% of the men have sexual experiences with children, and one of the women had such
experiences.
The reasons for having sex with animals vary broadly:
For the men the following reasons were "true /mostly true":
 I am sexually attracted to the animal 91%
10  I want to express love and affection to the animal 74%

 The animals are accepting and easy to please 67%

 The animal wants it 66%

 I want to relieve sexual tension 40%

 I want to experience something different 25%


15  I have no human partners available 12%

 I am too shy to have sex with humans 7%


For the women the following reasons were "true/mostly true":
 I am sexually attracted to the animal 100%

 I want to express love and affection for the animal 67%


20  The animal wants it 67%

 The animals are accepting and easy to please 56%

 I want to relieve sexual tension 11%


The animals the men are most attracted to are the following:
 Canines 87%

25  Equines 81%

 Bovines 32%

 Goats 28%

 Sheep 27%

 Felines 15%
30  Pigs 14%
The animals the women are most attracted to:
 Canines 100%

 Equines 73%
 Felines 27%

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Only 8% of the men and none of the women wanted to stop having sex with animals. Two
of the men already did stop (one of them says "because it is perverted and was just
adolescent experimentation") and the other four mainly wanted to stop, because if anybody
(especially the partner) found out, it would have bad consequences for their relationship or
5 personal life.
When asked about rating oneself on a sociability scale, the majority of participants rated
themselves as friendly and outgoing individuals. Except for three men, all reported to have
close human friends, and the majority had either daily or weekly contact with those friends.
The majority of men (67%) and women (82%) placed themselvs on a satisfaction scale
10 anywhere from "extremely happy" to at least "generally satisfied/pleased".
Miletski`s basic research question was "Is there a sexual orientation towards non-human
animals?"
She adapted the definition for "sexual orientation" from Francoeur (1991): According to
Francoeur there must be
15  an affectional orientation

 a sexual fantasy orientation

 an erotic orientation (with whom or what we prefer to have sex)


Miletski found out that there seems to be such a sexual orientation towards animals but also
points out that sexual orientations can be fluid and changing with time and circumstances.
20 Currently ongoing Study on Zoophilia
At the moment, I am conducting a study on zoophilia for my dissertation in psychology at
the University of Erlangen, Germany.
The contact to my respondents was nearly exclusively established over the internet. I talked
to zoophiles in zoophilia chat rooms, have been on zoophilia-email-lists for about one year
25 and also placed advertisements on message boards and web-sites. The data are obtained
both via questionnaires, that are sent out as e-mail attachments, and via interviews.
I am using 6 questionnaires, one about zoophilia and 4 standardized questionnaires (CPI,
IIP, FRBS and a "psychopathy" questionnaire that includes the Zuckerman Sensation
Seeking Scales) as well as TAT-pictures, to be rated for motivation (according to the
30 system of Winters).
The data presented here were obtained from 32 interviews with male zoophiles (from
Germany, the USA, Italy, UK, Netherlands).
22 of the interviews I conducted face-to-face, 2 via telephone, and 8 via ICQ- or IRC
exclusive chat.
35 The average age of the participants was 30 years, with a range from 18 to 46 years of age.
19% had attended school up to the 9 th/10th grade , 53% attended high school/some college
and 28% are currently studying or have a university degree.
31% now work in computer-related fields (that is probably due to the fact, that the sample
is drawn via the internet) and only 13% have worked or currently work in jobs in that they
40 are dealing with animals.
53% live in urban areas and 47% in a rural area.
The preferred kinds of animals are dogs (66%), horses (41%), large cats (lions, tigers etc.)
(13%) and one respondent would prefer a dolphin. In other words, these are the animals
they would like to have sexual contact with (though it is obvious to most of those who are
45 interested in large cats and dolphins, that is probably wishful thinking.)
Actual sexual contact occurred with the following kinds of animals:
 Dogs (78%); the sexual contact includes masturbation of male and female dogs,
mutual oral sex, vaginal-penile intercourse with female dogs, anal penetration by a
male dog and general body contact .

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 Horses (53%); sexual contact includes masturbation of male and female horses, oral
sex performed on the horse (both sexes), penile-vaginal intercourse with female
horses and general body contact.
 Cats (13%): two participants masturbated normal housecats, one participant
5 masturbated male and female tigers and one participant masturbated a lion.

 Farm Animals (19%): the species were donkeys (intercourse with female and
masturbation of male), cows (vaginal intercourse), camels, llamas, goats, pigs, sheep,
rabbit (oral sex on a male).
One of the participants earned money by performing sexually with animals for private live-
10 shows, so he has experiences with nearly all of the above listed kinds of animals.
The animal favored in masturbation fantasies are:
 Dogs (81%)

 Horses (63%)

 Cats (22%)
15  Dolphins (7%)

 Bull (one person)

 Werewolf/Human morphed half into a large cat (7%)


59% of the participants currently own at least one animal (or the animal lives with the
family). 84% of these own a dog, 21% a cat, and 7% a horse.
20 84% had animals in their childhood/adolescence (mostly dogs, cats and rodents).
94% of the participants have sexual experiences with human partners, only two have no
such experiences at all (one of them is quite young, and today, about 6 month after the
interview took place, he has petting experiences with a male partner).
13% of the men had experiences only with men, 37% only with women and 50% with both
25 men and women.
69% report that they have never tried "unusual" sex practices (as S/M, play with urine
and/or feces, sex with children, exhibitionism). Out of the 31% with some kind of unusual
practices 2 men tried practices with urine/feces of animals, 2 others had sexual encounters
with their sister/cousin, one likes masochistic sex, one prefers to get his body licked all
30 over by animals and humans and 2 men have a large variety of sex toys, that they
sometimes construct themselves. 15 % sometimes use stuffed animals as masturbation help
or at least tried that once. One likes to apply deer scent to himself when having sex with his
female partner and another one sometimes takes mud baths that sexually excite him.
9% of the men are married, 6% are divorced. Only 31% currently have an intimate
35 relationship, but 63% had a steady intimate relationship at least once in their life. 16% of
the respondents have children.
53% report that they did not have good social contacts in childhood and adolescence. 19%
say that they had some friends, but not many, and 28% said, that they had good social
contacts in childhood/adolescence. The ones that had no good relationships report that they
40 were often picked on, teased, ridiculed and had difficulties making friends.
Only two of the participants report that they still have no friends and very few social
contacts, 28% are "doing OK." with their current social contacts, though they would like to
have more friends, and 66% are happy with their social contacts now. In short, the majority
of the respondents are satisfied.
45 None of the participants ever got a disease (zoonosis) from an animal. Most of them take
good care of the medical conditions of their pets, but when they engage in sex with animals
that they do not own, they cannot be sure about possible diseases. Also, if the animals have
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sexual contact with different humans, the possibility of transferring a disease cannot be
ruled out, and most zoophiles pay attention to that fact.
How did they start fantasizing about sex with animals or having sexual relations with
animals? There are several different ways how their zoophile interests developed:
5 Some have always been interested in their preferred animal and only later developed sexual
fantasies about them, some read in books/magazines about zoophilia (e.g. the Sex Atlas),
some found it very exciting to watch animal matings on TV (especially on the Discovery
Channel in the US) and fantasized about that. Others started to touch the genitals of their
pet-dog out of curiosity, in some cases the dog came up and licked the person`s genitals.
10 Others did not remember when their fantasies started, but the behavior often started with
nonsexual cuddling with the animal and then became sexual. So we see that there are a lot
of ways that can lead up to the first sexual experience with an animal.
31% reported psychological problems in their childhood, but as adults only 16% report
psychiatrically relevant conditions such as depression, nervous breakdown, drug addiction,
15 or depression because the animal partner died.
56% of the participants never have been in therapy. About 44% have been to counseling or
to psychotherapy.
Since zoophilia/bestiality is illegal in a number of countries (e.g. USA, UK), most of the
zoophiles are worried about being "outed" to the "wrong" persons. Even though in
20 Germany zoophilia is not illegal anymore since 1969, most zoophiles still are very cautious,
since the social stigma could destroy their private lives, they could perhaps loose their jobs
etc. In
Great Britain, zoophilia can still be punished with life imprisonment, though that is
probably no longer a realistic threat.
25 There is one more important thing to be pointed out here: Many of the zoophiles have a
very close emotional attachment to their animal partners. They report that they love their
animal partner as others love their human partner and are devastated when their animal
partner dies. They care about the sexual pleasure of the animal as well as their own.
Certainly, those who engage in sex with other people`s animals (such as fence-hoppers)
30 often do not form such a close relationship, but most of the zoophiles take care not to inflict
any pain or injury to the animal. Beside those zoophiles there are, of course, also others
engaging in sex with animals, who do so for the extraordinary experience and some of them
do not care that much about the animal`s consent or health. Some even hurt or kill the
animal.
35 The zoophilic persons volunteering for studies like Miletski`s or mine certainly are a
special sample and not representative for the general population, but they can show us, that
someone who has sex with animals on a regular basis is, in the majority of cases, not a
morally depraved, antisocial and mentally ill person, as earlier case studies had often
suggested.
40 References:
 American Psychiatric Association (1980). Diagnostic and Statistical Manual of
Mental Disorders. (3rd Ed.). Washington, D.C.

 American Psychiatric Association (1994). Diagnostic and Statistical Manual of


Mental Disorders. (4th Ed.). Washington, D.C.

45  Davis, P. (1954). Sex Perversion and the Law, Volume One. (5th Ed.). New York:
Mental Health Press.

 Dekkers, M. (1994). Dearest Pet: On Bestiality. (2nd Ed.). New York: Verso.

 Francoeur, R. T. (1991). Becoming a Sexual Person. (2nd Ed.) New York: Macmillan
Publishing Company.

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 Freud, S. (1963). Three contributions to the theory of sex. The Sexual Revolution:
Volume I - Pioneer Writings on Sex. Kirch, A. (Ed.). New York, NY: Dell Publishing
Co., Inc.
 Gebhard, P.H., Gagnon, J.H., Pomeroy, W.B. & Christenson, C. V. (1965). Sex
5 Offenders: An Analysis of Types.New York: Harper &Row, Publishers and Paul B.
Hoeber, Inc., Medical Books.

 Gregersen, E. (1983). Sexual Pracitces: The Story of Human Sexuality. New York:
Franklin Watts.

 Hirschfeld, M. (1948). Sexual Anomalies.New York: Emerson Books, Inc.


10  Hunt, M. (1974). Sexual Behavior in the 1970s.Chicago, IL: Playboy Press.

 Kinsey, A. C., Pomeroy, W. B., Martin, C.E., Gebhard, P.H. (1953). Sexual Behavior
in the Human Female. Philadelphia, PA: W.B. Saunders Company.

 Kinsey, A. C., Pomeroy, W. B., Martin, C.E., (1948). Sexual Behavior in the Human
Male. Philadelphia, PA: W.B. Saunders Company.
15  Krafft-Ebing, R.V. (1935). Psychopathia Sexualis. (Rev. Ed.9 Brooklyn, NY :
Physicians and Surgeons Book Company.

 Masters, R.E.L. (1966). Sex-Driven People. Los Angeles, CA: Sherbourne Press, Inc.

 Masters, R.E.L. (1962). Forbidden Sexual behavior and Morality.New York, NY:
Lancer Books, Inc.

20  Miletski, H. (1999). Bestiality-Zoophilia. An Exploratory Study.Doctoral Dissertation.


San Francisco, CA: The Institute for the Advanced Study of Human Sexuality.

 Neret, G. (1994). Erotica Universalis.Köln, Germany: Benedikt.

 Neufeldt, V. & Guralnik, D. B. (Eds.) (1989). Webster`s New World Dicitionary:


Third College Edition. New York, NY: Webster`S New World Dictionaries.

25  Rosenberger, J.R. (1968). Bestiality. Los Angeles, CA: Medco Books.

 Rosenfeld, J.R. (1967). The Animal Lovers. Atlanta, GA: Pendulum Books.

 Stayton, W. R. (1994). Sodomy. Human Sexuality: An Encyclopedia.Bullough, V.L.


&
 Bullough, B. (Eds.). New York: Garland Publishing, Inc.

30  Taylor, T. (1996). The Prehistory of Sex. New York: Bantam Books.


END QUOTE
.
QUOTE
http://en.wikipedia.org/wiki/Zoosexuality_and_the_law
35 Zoosexuality and the law looks at the laws governing human-animal sexual interaction
(also sometimes known as bestiality or zoophilia) around the world.

Because it is easy to determine when there is a law against, but (for reasons discussed)
often less easy to reliably identify when it is legally acceptable, this article focuses

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upon laws against zoosexual activity and does not attempt to address where it may be
legal. Only in a few confirmed cases, where it is clearly permitted, will these be stated.

Contents
 1 Background to the legal framework

5 o 1.1 Zoosexuality
o 1.2 Historical and cultural context

o 1.3 Clinical and scientific context

o 1.4 Legal context

 2 Difficulty in assessing laws on zoosexuality

10 o 2.1 Vagueness of terms


o 2.2 Difficulty in establishing legality

 3 Overview of legislation

o 3.1 Common reasons given for laws

 4 Laws against zoosexuality

15 o 4.1 National laws


o 4.2 Pornography laws

o 4.3 Religious laws

o 4.4 Historical and other laws

 5 Impact of laws

20  6 Notable cases
 7 See also

 8 References

Background to the legal framework

Zoosexuality
25 Main article: Zoophilia
Zoosexuality is the spectrum of human-animal sexual interaction. Other than for breeding
or veterinary purposes, in many countries humans are frowned upon if they interact with a
non-human animal in this manner. Historically, sex with animals has been seen negatively
in the West, generally either as a religious offense against God, or as a suspect or abusive
30 act unsuited to the civilized world. Both of these are generally held societal views which
persist to the present time.
A pivotal researcher in the field, Hani Miletski describes[1] how: "Throughout the literature
review, it is very obvious that authors perceive sexual relations with animals in very
different ways. Definitions of various behaviors and attitudes are often conflicting, leaving
35 the reader confused. Terms such as 'sodomy,' 'zoorasty,' 'zoosexuality,' as well as 'bestiality'
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and 'zoophilia' are often used, each having a different meaning depending on the author."
Vern Bullough, a renowned professor emeritus who reviewed her work, states:[2] "It seems
clear from Miletski's summary of the existing literature that very little is actually known
about bestiality and there is not anything approaching a consensus as to why animal-human
5 sexual contacts occur... many of the existing reports and studies should be classified more
as pseudo-science than serious research."

Historical and cultural context


Main article: Historical and cultural perspectives on zoophilia
This section does not cite any references or sources.
10 Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged
and removed. (October 2006).

Historically, European and western views on zoosexuality can often be traced back to
religious influences and more specifically to the Judeo-Christian-Islamic traditions under
15 which it was viewed as an abomination and breach of God's will. During the Middle Ages
this led to people being burned for zoosexual activity, viewed on a par with homosexuality
under the term "sodomy", as one of the most horrific acts possible from a religious point of
view. Animals suspected were also put on trial and faced being killed if found guilty (See:
Animal trial).
20 In other cultures, it was at times accepted, or tolerated, and at other times taboo or
punished, and this varied very widely.
However an examination of Hittite and Near Eastern Laws (Akkadian/Sumerian) shows the
bestiality was punished in these ancient cultures as well. For instance a Hittite law reads "If
anyone has sexual relations with a pig or dog, he shall die. He shall bring him to the palace
25 gate (i.e., the royal court). The king may have them (i.e., the human and the animal) killed
or he may spare them, but the human shall not approach the king. If an ox leaps on a man
(in sexual excitement) the ox shall die; the man shall not die. They shall substitute one
sheep for the man and put it to death. If a pig leaps on a man (in sexual excitement), it is
not an offense." Additionally "If a man has sexual relations with either a horse or a mule, it
30 is not an offense, but he shall not approach the king, nor shall he become a priest." For
further information Martha Roth's 'Law Collections from Mesopotamia and Asia Minor' is
an essential text. Because many cultures in Africa and the Americas did not leave written
records the evidence for zoosexual activity arrives to us through the observations of
westerners. This can be problematic for creating an overall idea of practice vs. law in these
35 cultures, just as observation among the practice of Bedouins in the 19th century may lead to
incorrect conclusions regarding Islamic law since the former did not widely practice the
later despite being considered Muslims. Thus written records are the best indication for
what other cultures, such as India or China, have felt about human sexual activities with
animals through the ages. Further research needs to be done in these areas but aversions to
40 bestiality are not found only in the West, but also have been documented throughout the
world, just as the widespread practice has been documented as existing side by side with
laws condemning the activity.
In more recent centuries the subject was studied as a medical aberration, some form of
throwback or degeneracy within medicine, and finally within the 20th century, came to be
45 recognized as a sexual orientation in many cases.
Zoosexuality and Jewish law
The important citations for Bestiality in the Hebrew Bible can be found in the following
laws: ‘Whoever lies with a Beast shall be put to death’ Exodus 22:19 ‘Do not have carnal
relations with any beast and defile yourself thereby; and let no woman lend herself to a
50 beast to mate with it; it is perversion.’ - Leviticus 18:23 ‘If a man has carnal relations with
a beast, he shall be put to death; and you shall kill the beast.’ – Leviticus 20:15 ‘If a woman
approaches any beast to mate with it, you shall kill the woman and the beast; they shall be
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put to death - their bloodguilt is upon them.’ – Leviticus 20:16 ‘accursed is one who lies
with any animal.’ And the entire people shall say ‘amen’. – Deuteronomy 27:21
The Mishnah elaborates: Sanhedrin 7:4 “These are they that are to be stoned: he that has a
connection with a beast, and the woman that suffers connection with a beast”
5 These important passages provide a basis for some understanding of the interpretation of
Bestiality that is found later in various legal codes throughout Europe and the United
States. Many of them will also appear in some form among legal codes in 17th century
Europe.

Clinical and scientific context


10 In discussing arguments for and against zoosexual activity, the "British Journal of Sexual
Medicine" commented over 30 years ago, "We are all supposed to condemn bestiality,
though only rarely are sound medical or psychological factors advanced." [3]
People's views appear to depend significantly upon the nature of their interest and nature of
exposure to the subject. People often regard it as an extreme form of animal abuse and/or
15 indicative of serious psychosexual issues.[4] Mental health professionals and personal
acquaintances of zoophiles who see their relationships over time tend to be less critical, and
sometimes supportive.[4] Ethologists who study and understand animal behaviour and body
language, have documented animal sexual advances to human beings and other species, and
tend to be matter-of-fact about animal sexuality and animal approaches to humans; their
20 research into animal behavior, emotion and sexuality is generally supportive of some of the
claims by zoophiles regarding animal cognition, behaviour, and sexual/relational/emotional
issues.
Attitudes outside science are discussed in greater length in the article on zoophilia.

Legal context
25 Laws on zoosexuality tend to be shaped by three main factors:
 Animal welfare concerns

 Personal moral views of shapers of opinion

 Cultural beliefs about the act


Issues confusing the matter are that such research as is available is not widely known, and
30 that cases which come to public light may not be representative of the whole spectrum of
this behavior.
Posner (1996) states, "there is some evidence that bestiality was particularly reviled
because of fear that it would produce monsters... At early common law, there was no
offense of cruelty to animals... The focus of [cruelty to animals] statutes is different from
35 that of the traditional sodomy statute; anticruelty statutes are concerned with both the
treatment of the animal and with the offense to community standards, while anti-bestiality
provisions embodied in the sodomy statutes are aimed only at offenses to community
standards." [5]
Animal welfare bodies usually, but not always, view zoosexuality or zoophilia as a matter
40 of animal abuse, or at the least, of concern. A notable exception is the Swedish Animal
Welfare Agency, which in 2005 addressed concerns over a surge in horse-ripping incidents
by reviewing the matter and concluded that although animal cruelty legislation needed
updating, a ban on zoosexual activity was not justified by research.

Difficulty in assessing laws on zoosexuality


45 There are two main reasons why it is hard to be certain whether zoosexual acts are legal in
a country or area. The terminology used in law may be vague, so it is not clear what is
covered, and whilst it is usually clear if a specific law prohibits zoosexual activity, it is not
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always so clear (for several reasons) whether the absence of an obvious law means the
opposite.

Vagueness of terms
Some countries list laws very clearly, such as the United Kingdom, which specifically
5 prohibits penetration of a human being by the penis of an animal, and penetration of an
animal by a human's penis.[6]
By contrast many countries are quite vague about the exact scope of law. Terms such as
"sex with animals", "sexual contact", [7] "sodomy", "crime against nature",[8] or
"bestiality"[9] are significantly lacking in legal precision, and as with many laws, what may
10 seem very straightforward from a distance is very vague close-up in a courtroom. This also
makes them indeterminate and leaves it unclear what exact activities such terms might
encompass.[10]

Difficulty in establishing legality


It is difficult to state with certainty which countries beyond these accept zoosexual actions
15 in law. This is for many reasons, the main ones of which are:
1) Assumption of cruelty
Even if zoosexuality is not explicitly prohibited, there are often many other laws which can
be used to effectively prosecute cases. For example, most countries have animal cruelty
laws, and a prosecutor will argue that all zoosexual activity is animal abuse. [11]
20 2) Creative law use
Some countries have a range of historic but vague laws on their statute books (for example
sodomy laws, "crime against nature" laws, or other laws based upon the historical religious
beliefs of the culture), and will prosecute under that. [12] Even when these type of laws do
not exist, it is often the case that a prosecution will be found on some ground or other,
25 however contrived. [13] Three examples:
 In one case, prosecutors charged the individual with "sex with a minor".

 In the case of Kenneth Pinyan, reports suggest that despite seizing and examining
carefully a large number of such videos from the property, no evidence of abuse was
found. Not only was there no abuse found, but the state had no law against zoosexual
30 activity at the time. Nonetheless, as one news source comments:
"It was only after Pinyan died, when law enforcement looked for one way to punish
his associates, that the legality of bestiality in Washington State became an issue ...
The prosecutor's office wanted to charge [his friend] with animal abuse, but the police
found no evidence of abused animals on the many videotapes they collected from his
35 home. As there was no law against humanely [having sex with] one horse, the
prosecutors could only charge [him] with trespassing." [14]
 In a 2005 Florida case, media reports state: "Florida has no law prohibiting sex with
animals, so [the defendant] is charged with ... disorderly conduct, specifically a
'breach of the peace by engaging in sexual activity with a dog'..." [15]
40 3) Non-codified cultural prohibitions
Often there are traditions or unwritten cultural beliefs, such as tribal law or custom, which
although not codified as legislation, carry an equal weight to any other law. These are
sometimes called customary law, and are one of the main four legal systems in the world.
4) Social taboos
45 Finally, whether or not legal, there are often social mores which frown strongly upon it. For
example, even in Sweden, where zoophilia has been legal since 1944, Beetz comments[16]
on the findings of Ullerstam:

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"It has to be noted in this context, that not having laws against a behavior and
acceptance of it by society are two completely different matters... no acceptance of
the persons engaging in this kind of sexual activity was adopted by the population.
[...] Furthermore, Ullerstam referred to alleged evidence that showed, that many
5 remarkable men had sexual experiences with animals and had to live a life in constant
fear because of that. Those men had been widely respected, but would have lost
everything if their activities would have become known; all their great contributions
would have been forgotten due to a 'primitive moral reaction'."
For these reasons, this article only asserts legality where it is both confirmed and openly
10 acknowledged custom and law that zoosexuality is legal, and where in fact it is openly
confirmed, acknowledged or able to be practiced.

Overview of legislation
Laws in the West are in flux at the moment. Some countries such as the UK have recently
(2002) relaxed their laws, whilst others (several US states) have recently introduced new
15 ones where none previously existed.
A key factor seems to be the motive behind the change: in the UK the motive was a
complete review of all sex offences, which concluded that a life sentence was
inappropriately harsh. By contrast in Arizona USA, the motive for legislation was a "spate
of recent cases" [12], and the Arizona legislator is quoted in that source as stating:
20 "Arizona appears to be in the minority of states that does not make sex with animals a
crime. That doesn't necessarily mean we're wrong. But why shouldn't we be in line
with everybody else if the rest of the nation thinks it's a problem?"

Common reasons given for laws


In cultures with a strong background in Abrahamic religions (Judaism, Christianity, and
25 Islam), personal or cultural beliefs about God's Biblical laws or God's plans for human
sexuality are a strong influencing factor.
Against this, in some countries (notably the United States), courts have ruled that views on
morality are not sufficient justification for law (Lawrence vs. Texas). In other cases (Muth
v. Frank) have ruled adversely to a broader reading of that case.
30
The neutrality of this article is disputed. Please see the discussion on the talk page.
Please do not remove this message until the dispute is resolved. (April 2009)

A second major reason is the strong desire of society to outlaw and punish animal cruelty
35 and animal abuse. Cultural and personal assumption, lack of informed knowledge, and
cases of zoosadism have left society as a whole wary or hostile towards any belief that
animals may engage in sex with humans on a mutual or non-abusive basis. A factor in this
is that prior research, often performed only on known incarcerated violent abuser
populations and mis-cited by parties with vested interests, and described by professor
40 emeritus Vern Bullough as "more as pseudo-science than serious research" [17] and author
assumption, was used for many decades as proof that zoosexual activity should be
classified as a rare but profound sexual pathology.
Studies suggest that zoosadism, or wanton abuse, torture, violent rape or cruelty to animals,
for example pet abuse or animal crushing, is a potentially strong indicator for abuse
45 towards humans. Despite investigation, a similar link has not been shown with sexual
activity in general or with zoophiles more specifically.
A major social factor in the proposed introduction of laws is the coming to light of specific
cases to public attention; this was the case in Washington, Missouri and Arizona USA, and
also behind recent attempts in 2004 to change the law in the Netherlands.[18] In such cases it

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often does not seem to matter whether there was abuse or not, [19] or how rare or commonly
such matters arise. Rather it seems to be a case of moral panic, or "not in my back yard."
Overall much of the concern can be summarized as coming from lack of knowledge,
combined with repugnance at the concept of human-animal sexuality, presented in a
5 societal context of religious or social abhorrance, and a desire to reduce abuse.

Laws against zoosexuality


Aggrawal has discussed extensively on laws against zoosexuality. [20] It is permitted in a
few countries, such as Sweden and Denmark, although ordinary animal treatment laws
apply. In other countries, such as Germany and Russia, zoosexuality is legal, but zoosexual
10 pornography is illegal (2008 in Germany).
Elsewhere in the developed world, it is a prudent assumption that it is illegal or at the least
against social custom.
There are also commonly laws against forcing another person to engage in zoosexual
activity, especially minors (usually considered equivalent to rape), and laws related to
15 exposing others (either non-consensually or minors) to the sight of a sexual act. In some
jurisdictions, laws against zoosexual conduct also include provisions for seizure of animals
where convicted.
Sexual handling of an animal for the purposes of veterinary practice, or animal husbandry
(breeding), is normally exempted where such laws exist. In public discussion for the
20 recently passed Oregon law, however, one animal shelter's spokesperson wanted the
husbandry exemption kept out, as he was concerned that someone might use these
"accepted farming practices" as a legal loophole to then have (legal) sexual contact with an
animal only for personal enjoyment. One of the legislators responded by asking if they
were trying to outlaw an act (of sexual contact), or a state of mind. The veterinary and
25 husbandry exemption was left out of Oregon's law in the final, enacted version.

National laws
Legality
Australia Laws are determined at the state and territory level. Illegal in most of them (the
definition of the act is derived from case law and varies for each province), except
30 for the Australian Capital Territory and Jervis Bay Territory which do not
explicitly outlaw it. [21]

Belgium Legal. However the spreading of zoosexual pornography is not according to a


court ruling in 2006 against a man who frequently had sex with dogs in a shelter
35 he had worked for. He was acquitted from the charge of animal abuse and was
only found guilty of violating public decency by spreading zoosexual
pornographic material he had made at the shelter, which he did mainly via his
website under the nickname Freki. The Belgian animal rights organisation Gaia,
which filed the complaint, appealed unsuccessfully against the court ruling. [22]
40
Cambodia Legal. As of 2005, police released a man suspected of zoosexual activity stating
that while unusual, falling in love with a dog is not illegal. [23]

Canada Illegal. Section 160 [24] forbidding "bestiality". In addition 'Compelling the
45 commission of bestiality' and 'Bestiality in presence of or by child'(under the age
of 16) are also separate crimes and all of these offenses are subject to
imprisonment up to 10 years.

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Denmark Legal. [25] A 2006 bid by the Danish People's Party to outlaw bestiality failed after
the a report by the Danish Animal Ethics Council determined that existing laws
were sufficient protection against abuse. [26]

5 Finland Legal [25]; formerly illegal but made legal in 1971 together with making
homosexuality legal. Trading zoosexual pornography is illegal.

France Illegal since 2004, upheld by the Court of Cassation.[27] It had been legal since
1791. Before 1791, bestiality was punished by death to the human and animal
10 perpetrators.

Germany Legal. Sex with animals is not specifically outlawed (but trading pornography
showing it is, cf. [28] ). In West Germany, the law making it a crime (§175b StGB,
which also outlawed homosexual acts) was removed in 1969. East Germany
15 before reunification had no law against zoosexual activity; zoosexual
pornography, however, was very restricted. Certain barriers are set by the Animal
Protection Law (Tierschutzgesetz).

Ghana Illegal. As of 2006 "Unnatural carnal knowledge" is not permitted under the
20 Ghana criminal code. This includes "homosexuality, lesbianism and bestiality" [29]

Hungary Legal, as long as no physical harm is made to the animal.

India Section 377 of the IPC (Indian Penal Code) makes it illegal for a person to have
25 sexual contact with an Animal. "Whoever voluntarily has carnal intercourse
against the order of nature with any man, woman or animal, shall be punished
with 1[imprisonment for life], or with imprisonment of either description for term
which may extend to ten years, and shall also be liable to fine." The punishment is
tougher than the punishment for rape, however only penetration is considered
30 under this section.

Mexico Legal. (Carl Franz, "The People's Guide to Mexico", 1988. pg. 398)[25]

Netherlands In 2010 in the process of being made illegal, art. 254 Wetboek van Strafrecht
35
New Zealand Illegal, under a variety of sections contained in the Crimes Act 1961. Section 143,
makes "bestiality" an offence, but as in Canada, the meaning of bestiality is
derived from case law. There are also associated offences of indecency with an
animal (section 144) and compelling an indecent act with an animal (section
40 142A). It is interesting to note that in the 1989 Crimes Bill considered abolishing
bestiality as a criminal offence, and for it to be treated as a mental health issue. In
Police v Sheary (1991) 7 CRNZ 107 (HC) Fisher J considered that "[t]he
community is generally now more tolerant and understanding of unusual sexual
practices that do not harm others." According to the recent New Zealand Book of
45 Lists (2007, p59), however, only one offender apiece are currently serving prison
sentences under Sections 142A and 144.

Norway Illegal. A law was made in Nowember 2008

Singapore Illegal. Penal Code Sexual penetration with living animal

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377B. —(1) Any person (A) who —

(a) penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or

(b) causes or permits A’s vagina, anus or mouth, as the case may be, to be
penetrated by the penis of an animal,

5 shall be guilty of an offence.

(2) A person who is guilty of an offence under subsection (1) shall be punished
with imprisonment for a term which may extend to 2 years, or with fine, or with
both.

(3) Any person (A) who —

10 (a) causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice
of an animal; or

(b) causes the vagina, anus or mouth, as the case may be, of another person (B) to
be penetrated with the penis of an animal,

shall be guilty of an offence if B did not consent to the penetration.

15 (4) A person who is guilty of an offence under subsection (3) shall be punished
with imprisonment for a term which may extend to 20 years, and shall also be
liable to fine or to caning. [13]

Sweden Legal. It was formerly illegal, but made legal in 1944 together with making
20 homosexuality legal. A 2005 report by the Swedish Animal Welfare Agency for
the Swedish government expressed strong concerns over the increase in reports of
horse-ripping incidents, although noting that "the rise in documented cases did not
necessarily mean that there was a de facto increase", and distinguished zoosexual
activity from incidents involving physical injury (zoosadism). The Animal
25 Welfare Agency gave as its opinion that current animal cruelty legislation needed
updating as it was not sufficiently protecting animals from abuse, but concluded
that on balance it was not appropriate to call for a ban. [30]

Switzerland Legal. As in Germany, pornography involving animals is illegal. [31]


30

United Kingdom Anal and vaginal penetration of or by an animal is illegal, and carries a
sentence of up to 2 years imprisonment. Historically an unspecified range of
acts were illegal, however the Sexual Offences Act 2003 [32] which followed a
major review of all sexual offences in UK law clarified this, removing the
35 ambiguous activities from the scope of the law, and changing the sentence
from life imprisonment (which had been criticized as over-harsh) to two years.

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Possession of pornography was criminalised in the Criminal Justice and
Immigration Act 2008. The law on pornography is broader than that of actual acts:
it also covers oral sex; it applies to dead animals as well as living; images are
illegal even if they are faked. Thus an image of a legal act may be illegal to
5 possess. The first prosecutions for bestiality pornography occurred in 2009. [33]

United States Laws are determined at the state level. Many U.S. states[34] explicitly outlaw sex
with animals (sometimes under the term of "sodomy" or "unnatural crime against
nature"). Others do not.

Many U.S. state laws against "sodomy" (generally in the context of heterosexual
10 sodomy, oral sex, anal sex and all homosexual conduct) were repealed or struck
down by the courts in Lawrence v. Texas, which ruled that perceived moral
disapproval on its own was an insufficient justification for banning a private
act.[35] On the other hand, the 2004 conviction of a man in Florida (State vs.
Mitchell) demonstrated that even in states with no specific laws against zoosexual
15 acts, animal cruelty statutes would instead be applied, and Muth v. Frank showed
that some courts might be "desperate to avoid the plain consequences" of
Lawrence and may make "narrow and strained" efforts to avoid seeing it as
relevant to other consensual private acts beyond the realm of homosexuality.[36]

Finally, the 1999 Philip Buble case showed that when a self-confessed zoophile is
20 assaulted and the assault is motivated by his zoophilia (i.e., hate crime), a jury can
convict the assailant and a judge give a stern sentence, despite the controversial
nature of the cause.

Zoosexuality is officially illegal in 30 states. Zoosexuality is a misdemeanor in the


following states [37]:

25 * California * Maine * Nebraska * Oregon

* Iowa * Minnesota * New York * Pennsylvania

* Maryland * Missouri * North Dakota * Utah * Wisconsin

Zoosexuality is a felony in the following states: [37]:

* Arizona * Idaho * Kansas * Mississippi * South Carolina

30 * Delaware * Illinois * Massachusetts * Oklahoma * South Dakota * Virginia

* Georgia * Indiana * Michigan * Rhode Island * Tennessee *


Washington

3 states had laws against zoosexuality that were declared unconstitutional by state
courts and subsequently removed: Arkansas, Montana and North Carolina[37].
35 Because of this, these are the only states where zoosexuality could be considered
legal.

The remaining 17 states do not have laws specifically prohibiting zoosexuality,


and in those states its legality is vague.
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Turkey Illegal, Animal Rights issue

Zambia Illegal. Penal code Cap 87 Section 115 forbids homosexuality and other
5 "Unnatural Offences" including "carnal knowledge of an animal".[38]

Pornography laws
Main articles with legal sections: Obscenity, Pornography, Legal status of internet
pornography
10 Animal pornography is governed in the United States by the same Miller test and obscenity
laws as any other form of pornography. In many countries such as Canada, Hungary and
the Netherlands, such material is legal, although in some countries where zoosexual acts are
legal, zoosexual pornography is not (Belgium, Germany, Russia).
Legality of any given pornographic material has three components: legality of production,
15 legality of sale and transportation, and legality of ownership.
In general, animal pornography is legal to produce anywhere that zoosexual activity and the
creation of pornography in general are both legal. Laws concerning sale, transmission and
ownership vary more widely.

Sale and Relevant law


Ownership
distribution / notes

In the same case cited


above[39] , the man
concerned was fined for
Unknown, possibly "violating public decency
Belgium Legal legislation" as a result of
legal
distributing pornography,
implying that distribution is
illegal, but was not fined
for ownership.

Canada Illegal Legal

Rikoslaki 17. luku, 18 §


Finland Illegal Legal
(9.7.2004/650) [40]

Germany Illegal Legal §184a StGB [41]

Hungary Illegal Legal

In 2010 in the process of being art. 254a Wetboek van


Netherlands In 2010 in the
made illegal Strafrecht
process of being

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made illegal

s. 3(1) Films, Videos, and


New
Illegal Illegal Publications Classification
Zealand
Act 1993

As with all pornography,


considered obscene if it does not
Usually legal (unless
meet the standards of the Miller prohibited by state
Test and therefore is not openly
law). Interstate
sold, mailed, distributed or
United transport or import
imported across state boundaries various
States of pornography even
or within states which prohibit it.
for personal use is
Under U.S. law, 'distribution' technically an
could include transmission across
offence.[43]
the internet. However may be
some doubt.[42]

Erotic art, such as animal pornography in cartoons and the like, which does not require the
recording of an actual sexual incident, are not usually considered sex with animals by the
law, and so their status depends upon more general laws such as legal limits upon obscenity
or pornography alone, and the thin line between erotic art and pornography. The contrasting
5 views between cultures are highlighted by the case of Omaha the Cat Dancer, a furry
comic book, which was simultaneously the subject of a 1990 raid by Toronto police for
pornographic depiction of bestiality (although the case was later thrown out of
court),[44][citation needed] and the subject of praise by the New Zealand Indecent Publications
Tribunal which considered that it was "not indecent", for its mature depiction of
10 relationships and sexuality.

Religious laws
main articles: Religious law
In certain religions, sex with animals was part of the legal framework of a theocratic state,
and as such the matter also falls under religious law. This is particularly the case for
15 Abrahamic religions such as Judaism, Christianity and Islam, although many other religions
and traditions such as Hindu, Buddhism and even Satanism have religious views and rules
on the matter which did not form part of a national legislative regime.

Historical and other laws


In some countries laws existed against single males living with female animals. For
20 example, an old Peruvian law prohibited single males from keeping a female alpaca in their
residence.

Impact of laws

The neutrality of this article is disputed. Please see the discussion on the talk page.
25 Please do not remove this message until the dispute is resolved. (September 2008)
This article may contain original research. Please improve it by verifying the claims
made and adding references. Statements consisting only of original research may be
removed. More details may be available on the talk page. (September 2008)

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Impact of zoosexuality laws has been in four main areas:
1. A culture of fear, ignorance or witch-hunting, in which the presence of a law becomes
evidence that a group are inherently deserving of a law. (A similar effect was noted in
respect of the UK's Section 28 law on homosexuality when passed).

5 2. The placing of such people outside the law has led to inhibitions on zoosexuals'
ability to report animal abuse (due to unwillingness to come to legal attention as a
witness or otherwise), or alternatively increases zoosexuals' vulnerability to blackmail
(a proportion are reported by vindictive human ex-partners and the like, or the threat
used to obtain advantage).
10 3. Reduced ability to determine what, if any, support, counselling or other assistance
may be appropriate, or to provide or seek the same openly. (A notable exception is in
Germany where zoosexuality is legal, and a telephone based charitable crisis support
service similar to Samaritans is available)

4. The personal impact of living with such fears - of loss of partners, or criminal charges
15 - and the need to maintain secrecy even from loved ones (due to lack of legal
protection), is a stressor to zoosexuals and their relationships.

5. Even perfectly healthy animals in non-abusive relationships can be at higher risk of


certain diseases (and lower risk of others) because they are kept unneutered for sexual
purposes. Owners may visit a vet less frequently than they would otherwise, fearing
20 awkward question, or discovery of their secret (leading to criminal prosecution to
themselves and the death of their pet) which could theoretically jeopardize the health
of their animal. To obtain an intact animal a zoophile may unwillingly and/or
unwittingly lend support to abusive animal practices like puppy mills.
Connected with this, fear of consequences is reported to prevent zoosexuals from seeking
25 clinical advice, for example, by raising zoosexuality or losses connected to it with doctors
or therapists.[45] This is similar to the manner in which homosexuals' issues are under
reported in countries where homosexuality is punishable.
Bioethicist Jacob Appel of New York University, an opponent of anti-bestiality laws, has
stated that such law keep zoophiles "in the shadows" and prevent an accurate assessment of
30 their numbers. [46]

Notable cases
There are many cases of zoosexuality and the law, so only the most notable are related
here.
 "Freddie the Dolphin" (1991, UK) - man accused of masturbating a well known tame
35 dolphin at sea. Charged with a "lewd act". Acquitted. Expert witnesses testified male
dolphins use their erections not just sexually, but socially as well, and no sexual
inference could be drawn. Judge summing up said of the £30,000 trial cost, "this has
been the most expensive lesson in dolphin sociology that he has ever heard of".
[14](dead link)

40  Kenneth Pinyan (2005, USA) - man died following anal penetration by stallion.
Police determined that no cruelty took place. Nonetheless, moral panic led to rapid
introduction of laws in the state involved and a search for grounds to charge his
companion with at least an offence of some kind. [19]

 Sudan, February 2006 - man caught having sex with a neighbour's goat, is ordered by
45 the council of elders to pay the neighbour a dowry of 15,000 Sudanese dinars ($50)
and marry the animal. [15]
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 Cambodia, 2005 - man caught having a "passionate embrace" in bed with dog, by
wife, confessed he loved the dog more and they separated. Cambodian police
commented: "As police, we could only solve the problem of his wife then wanting a
divorce. We cannot solve the problem of his relationship with his dog, because under
5 Cambodian law it is not strictly illegal... It is amazing, but this husband is not crazy. It
seems he is a passionate human being who looked at a dog, and the more he looked,
the more passionate he became." [16]

 Wisconsin, USA, 2007 Bryan James Hathaway was convicted for having sex with a
dead deer. The court case raised some interesting legal issues because the statute
10 prohibits sex with animals, but not carcasses. The defence raised the issue that if a
dead animal was an animal, at what point would it cease to be an animal. [17]

See also
 Homosexuality laws of the world

 Human-animal marriage

15  Legal status of internet pornography


 Sexual norm

 Social norm

 Sodomy law

 Zoophilia

20 References
1. ^ Miltetski, 1999, p.1
2. ^ Review of Miletski's book, published in Journal of Sex Research, May 2003.
(Online version)

3. ^ British Journal of Sexual Medicine (Jan/Feb 1974, p.43)

25 4. ^ a b The finding that attitudes to alternate sexualities correlate strongly with nature of
contact and beliefs, is stated in a variety of research into zoophilia and also mirrored
in societal attitudes towards homosexuality, which have been more thoroughly
researched over a longer time period. Thus Herek, who established the Attitudes
Toward Lesbians and Gay Men Scale in psychology, states "The ATLG and its
30 subscales are consistently correlated with other theoretically-relevant constructs.
Higher scores (more negative attitudes) correlate significantly with high religiosity,
lack of contact with gay men and lesbians, adherence to traditional sex-role attitudes,
belief in a traditional family ideology, and high levels of dogmatism (Herek, 1987a,
1987b, 1988, 1994; Herek & Glunt, 1993; Herek & Capitanio, 1995, 1996)" [1], and
35 that "the strongest predictor of positive attitudes toward homosexuals was that the
interviewee knew a gay man or lesbian. The correlation held across each
demographic subset represented in the survey--sex, education level, age--bar one:
political persuasion. [Conservative men and women]" [2]

5. ^ Posner, Richard, A Guide to America's Sex Laws, The University of Chicago Press,
40 1996. ISBN 0-226-67564-5. Page 207.

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6. ^ "Sexual Offences Act 2003", Office of Public Sector Information. Section 69.

7. ^ "Sexual contact" - Arizona

8. ^ "Crime against nature" - Michigan

9. ^ "Bestiality" - Canada
5 10. ^ Examples of some hypothetical borderline cases:

o Should lying naked in contact with an animal, as many people do whose pets
sleep next to them, be counted as "sexual contact"?

o For people who finding the sensation of fur to be erotic, does this automatically
render any contact with animals (eg scratching their heads) a felony?
10 o What should the law make of the many pet owners and breeders who masturbate
their animals, not for their own pleasure, but because they view that as the ethical,
responsible way for a person who owns an animal to handle animal sexuality, and
who would see it as a form of cruelty (similar to refusing to squeeze anal glands)
to refuse to acknowledge the discomfort to an animal of unrelieved libido [3]?
15 (And would the morality of the act depend on whether it is 'enjoyed' or not? If so,
what about horse breeders?)

o If a girl finds she gets sexually aroused by the feelings and sensuality of riding a
horse bareback (as is often noted to be the case), is she enjoying "sexual contact"
with an animal?

20 o Does oral sex alone, performed by or on an animal, constitute "bestiality"?


(Notably, a US court has ruled that in the case of past president Bill Clinton, he
did not commit perjury exactly because it was reasonable to have a belief that
"sexual relations" did not include oral sex; see Lewinsky scandal.)
o Is kissing sexual? Does society agree whether allowing a dog to engage in a more
25 than passing kiss with a human is "sexual contact" or a "crime against nature",
should the human not find it repugnant?
These and other examples may serve to indicate not what should or should not be
allowed, but rather, that the apparent clarity of an obvious term, is extremely unclear
in practice unless very carefully defined.
30 11. ^ The argument that "all sexual activity with animals is automatically abuse" was
made for example, in 1) the 2004 case of State vs. Mitchell (Florida), 2) the 2004
Pony case in Utrecht, Holland (cited below), and 3) the 2006 Washington state law
which asserts as its foundational premise that "animal cruelty in the first degree is
committed when a person knowingly engages in sexual conduct or sexual contact
35 with an animal." SB-6417 2006

12. ^ For example a man found to have committed a zoosexual rape of a sheep in
Michigan 2006 was not charged with animal cruelty, but with crimes against nature. It
is notable that a first offence of animal cruelty, which includes any "unnecessary
neglect, torture, or pain", carries only up to a 93 day sentence (MI 750.50 section 2(f)
40 and section 4), whereas a zoosexual act prosecuted as a crime against nature is
capable of a 20 year sentence.

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13. ^ From alt.sex.bestiality [4]: "Sometimes prosecutors are imaginative, and will
creatively apply irrelevant laws. For instance, statutory rape if the animal is less than
18 years old."
14. ^ "The Animal In You". The Stranger. February-March 2006.
5 http://www.thestranger.com/seattle/Content?oid=30811. Retrieved 2006-04-30.

15. ^ Man charged with having intercourse with his Guide Dog

16. ^ Ullerstam, 1966, p.119, cited by Beetz, 2002, Love Sex and Violence with Animals,
section 5.2.13
17. ^ A contemporary look at sex between humans and animals - Understanding
10 Bestiality & Zoophilia by Hani Miletski. Book review, Journal of Sex Research, May,
2003 by Vern L. Bullough [5]

18. ^ Washington on the back of the Kenneth Pinyan case, Missouri following the Jerry
Springer Show episode 'I married a Horse', Arizona following "A spate of incidents"
[6], and Holland following a case in Utrecht: "MPs were outraged at the start of
15 March when a man caught raping a pony in Utrecht could not be punished because he
had not broken any law... Veerman will now investigate the possibility of adding sex
with animals to the list of acts classified as animal cruelty, news agency ANP
reported." [7]

19. ^ a b Eg Washington where the police looked for abuse but failed to find any
20 evidence: Pinyan was the passive partner in an act of sexual penetration by a stallion
videotaped by a friend. This was the only incident of its kind in the state's history, and
it could be said the human, who died from internal injuries, was the victim of his own
act. Police concluded despite examination of many video tapes that there was no
evidence of animal abuse and that the only crime was the relatively minor one of
25 trespass. Nonetheless, almost instantly, legislation was proposed in a form of moral
panic, covering every aspect conceivable: the act, the videotaping of the act, the
knowing granting of permission for the act, the observing of the act. SB-6417 2006.
In a similar manner, no prosecution for cruelty was ultimately found to be viable
either, or indeed brought, in the televised case of the self-confessed Missouri zoophile
30 highlighted on 'Jerry Springer', nor in the self-confessed Philip Buble case. Cases
such as these have led commentators to observe that the connection between
zoosexuality and cruelty seems assumptive at best.

20. ^ Aggrawal, Anil (2009). Forensic and Medico-legal Aspects of Sexual Crimes and
Unusual Sexual Practices. Boca Raton: CRC Press. ISBN 1420043080.
35 http://crcpress.com/product/isbn/9781420043082.

21. ^ Ref: Halsbury's Laws of Australia #9 page 247662:

o Criminal offence: New South Wales (Crimes Act 1900 s79, not more than 14
years imprisonment), Northern Territory (Criminal Code s138, not more than 3
years imprisonment), Queensland (Criminal Code s211: "carnal knowledge of an
40 animal", not more than 5 years imprisonment), South Australia (Criminal Law
Consolidation Act 1935 s69, "buggery with an animal", not more than 10 years
imprisonment), Tasmania (Criminal Code s122(b), not more than 21 years
imprisonment), Victoria (Crimes Act 1958 s59, not more than 5 years
imprisonment), Western Australia (Criminal Code s181: "carnal knowledge of an
45 animal", not more than 7 years imprisonment).

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o Other: Australian Capital Territory and Jervis Bay Territory have "no equivalent
provisions".

22. ^ [8], no longer accessible

23. ^ News24 - Redirect


5 24. ^ Criminal Code

25. ^ a b c Sex law index and discussion

26. ^ Det Dyreetiske Råd: Udtalelse om menneskers seksuelle omgang med dyr, The
Animal Ethics Council: Statement on the sexual relations of humans with animals

27. ^ Détail d'une jurisprudence judiciaire


10 28. ^ §184a StGB

29. ^ Ghanaian gay conference banned

30. ^ Sweden highlights bestiality problem

31. ^ See FJ 2000 p. 2981.

32. ^ section 69
15 33. ^ http://www.theregister.co.uk/2009/06/16/extreme_pr0n_convictions/

34. ^ US State Laws where known:

o Misdemeanor: Arkansas (Ark. Stat. Ann. @5-14-122 (2005): "Bestiality" - Class


A Misdemeanor), California (Penal Code Section 286.5 "Crime Against Nature" -
misdemeanor), Connecticut (CT Penal Code 952.53a-73a "Sexual assault in the
20 fourth degree" - Class A Misdemeanor), Iowa (2005 Merged Code 717C.1
"Bestiality" Aggravated Misdemeanor - up to 2yrs and $500-$5000 fine), Kansas
(K.S.A. @21-3505 "Criminal Sodomy" Class B Nonperson Misdemeanor),
Minnesota (Minn. Stat. @609.294, (1993): Either fine of not more than $3,000 or
sentence of not more than 1 year), Missouri (Mo Rev. Stat. @566-111 "Unlawful
25 Sex with an Animal" - Class A Misdemeanor (1st offense) thereafter Class D
Felony), Nebraska (Neb. Statutes @28-1010 "Indecency with an animal" - Class
III misdemeanor - up to 6 months and/or up to $500 fine), New York (NY CLS
Penal @130.20 (1994): Class A misdemeanor), North Dakota (N.D. Cent. Code
@12.1-20-12 "Deviate Sexual Act" is a Class A Misdemeanor), Oregon (Oregon
30 Laws 2003 @167.333 "Sexual Assault of Animal" a class A misdemeanor), Utah
(Bestiality 76-9-301.8: Class B Misdemeanor), Wisconsin (Wis. State.
@944.17(2)(c) and (d)(1993) "Sexual Gratification" a class A misdemeanor).

o Felony: Arizona (Sec.2 Title 13 Ch.14, 13-1411, "bestiality" defined as "sexual


contact or oral sexual contact", class 6 felony unless minor involved in which case
35 class 3 felony), Delaware (11 Del. C. @777 (1993): Class D Criminal felony),
Florida (Title XLVI defines several felonies involving children, the elderly, and
institutionalized persons), Georgia (O.C.G.A. @16-6-6 (1994): 1-5 yr. jail
sentence), Idaho (Idaho Code @18-6605 (1994): "length of imprisonment in
excess of 5 years is in discretion of court."), Illinois (720 ILCS 5/12-35 (2003):
40 Sexual Conduct (or Contact) with an Animal - Class D Felony), Louisiana (RS
14:89 (2003) "Crime Against Nature" up to $2,000 fine and/or 5yrs with or
without hard labor), Maine (17-A M.R.S. @ 1031: under Cruelty to Animals -
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Class D Crime), Maryland (Unnatural/Perverted Sexual Acts Article 27, Section
553: Up to $1,000 fine, max of 10 years prison), Massachusetts (Mass. Ann. Laws
ch. 272 @34 (1994) "Crime against Nature" prison term of not more than 20
years), Michigan (MCL @750.185 (1992): Jail sentence not more than 15 years),
5 Mississippi (Miss. Code. Ann, @97-29-59: Sentence of not more than 10 years),
Montana (Mont. Code. Ann, @45-5-505 (1994): 10 year sentence and/or $50,000
fine), North Carolina (N.C. Gen. Stat. @14-177 (1994): Class I felony. 3-10 yrs),
Oklahoma (Okl. St. @21-886 (1994): "imprisonment not to exceed 10 years"),
Rhode Island (R.I. Gen. Laws @11-10-1 (1993): 7-20 years), South Carolina
10 (S.C. Code Ann. @16-15-120 (1993): 5 yrs jail and/or fine of at least $500),
South Dakota (SD Codified Laws 22-22-42 (1995): "Bestiality" - Class 6 Felony
1st offense, Class 5 subsequent offenses), Virginia (Va. Code. Ann. @18.2-361
(1994): Class 6 Felony), Washington D.C. (DC Code @22-3502 (1994) ("Sexual
Psychopath" chapter): Fine not more than $1000 and/or sentence of not more than
15 10 yrs), Washington (SB-6417, sexual contact defined as "animal cruelty", also
likewise an offence to permit, abet, observe or record. Felony class C seriousness
level III, seizure of animals).

o Other legislation in progress as of 2006: New Jersey.


o Believed illegal or 'other': Pennsylvania (18 Pa. C. S. @3101, 3123 and 3124
20 (1994)), Tennessee (Tenn. Code. Ann. @39-13-511 (1994) specifically mentioned
under Public Indecency if done in a public place)

35. ^ Sodomy laws in the U.S. Uniform Code of Military Justice, however, still stand,
with the criterion being "penetration, however slight."
36. ^ From main article Muth v. Frank - "The grounds for dismissal, that Lawrence had
25 dealt specifically with homosexual sodomy and not other consensual private sexual
activity between adults, were considered "narrow and strained" by at least one
newspaper, the Boston Globe [9]. As legal scholar Matthew Franck observed, the
writer of the opinion, Judge Daniel Manion, must have been "desperate to avoid the
plain consequences of the [Supreme] Court's recent precedents on sexual liberty." "

30 37. ^ a b c http://www.animallaw.info/articles/ovuszoophilia.htm

38. ^ ILGA Africa 2000 Report

39. ^ [10]

40. ^ 18 § (9.7.2004/650) Sukupuolisiveellisyyttä loukkaavan kuvan levittäminen

41. ^ § 184a StGB Verbreitung gewalt- oder tierpornographischer Schriften


35 42. ^ U.S. prohibitions on distribution of sexual or obscene materials are as of 2005 in
some doubt, having been ruled unconstitutional in United States v. Extreme
Associates (a judgement which was overturned on appeal, December 2005).

43. ^ United States v. Extreme Associates - protection laws not equated to a zone of
personal privacy outside the house, or freedom to transport obscenia.

40 44. ^ http://www.omahathecatdancer.com/omaha_history.htm

45. ^ For example this description by one person of difficulty seeking support after the
loss of a dog to congenital kidney disease despite being able to confide in his wife: "I
thought I was O.K., and then I burst into tears in the kitchen and couldn't stop crying.
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I didn't have any idea how much I loved [my dog] until she was gone... My work was
suffering and my relationship with my wife was suffering... After I found myself idly
wondering how I'd commit suicide (just as an intellectual exercise, you understand), I
realized that something had to be done.... Eventually my doctor referred me to a free
5 counselling service.... Eventually I told him of my sexual relationship with [my dog].
I have to confess that I was expecting him to denounce me and wheel out a straight-
jacket."
He continues, "But he surprised me by declaring happily that THAT was the reason I
was so feeling so damned rotten. I hadn't lost a dog, I had lost a lover! And I couldn't
10 express that pain to my friends because of the social taboo. Even my wife couldn't
fully comprehend the extent of the loss I had suffered. So I was being forced to carry
the pain of my loss all alone. That man saved my sanity, and possibly my life." [11]

46. ^ Appel, JM. Three Reasons Society Shouldn't Rush to Condemn Bestiality

Sexual ethics

Adultery · Incest (law) · Miscegenation (interracial relations) · Pregnancy


Human sexuality (Abortion) · Prostitution (law) · Sex education · Sexual orientation

Child sexuality · Child pornography (law) · Prostitution of children ·


Children
Child sex tourism · Child marriage

Adolescent sexuality (USA) · Teenage pregnancy (Teenage pregnancy


Adolescence and sexual health in the United Kingdom; Global incidence of teenage
pregnancy) · Virginity pledge

Sexual harassment · Rape (law) · Child sexual abuse (Laws regarding


Sexual abuse child sexual abuse) · Child-on-child sexual abuse

Reproductive rights · Age of consent reform · Criminal transmission of


Sex and the law
HIV · Statutory rape · Child grooming · Sodomy law · Zoophilia

Age of consent Africa · Asia · Oceania · Europe · North America · South America

List of topics in sexual ethics


END QUOTE
15 .

QUOTE
http://en.wikipedia.org/wiki/Human-goat_sexual_intercourse - Cached
http://en.wikipedia.org/wiki/Human-goat_sexual_intercourse
20
Human-goat sexual intercourse is one of the more common types of bestiality. Of male
zoophiles, 28% admitted sexual attraction to goats, ranking fourth. In female zoophiles
sexual attraction to goats is very rare or non-existent. Actual levels of sexual use of goats
were lower than this however.[1] The act is usually performed by a male human upon a goat
25 of either sex. Male goats do not commonly take the initiative to copulate with a human
female although some cases have been reported. [2]

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Contents
 1 History

 2 Popular culture

 3 See also

5  4 References

History
In Ancient Egypt, at the temple in Mendes, the goat was viewed as the incarnation of the
god of procreation. As a ritual of worship, the male priests would use female goats for sex,
and the female priests would do likewise with male goats.[1] Similar activity was also
10 witnessed in Ancient Greece.[2] In the Middle Ages, the goat was associated with the Devil
as one of his preferred forms, often in connection with sexual deviance. Women under trial
as witches were forced to confess that they had sexual contact with the Devil in the form of
an animal. In this regard however the goat was of the minority of forms the devil was cited
to have taken.[2]
15 There is a famous statue of the mythological satyr Pan using a goat for sex, which was
found in Pompeii. As with the rest of the erotic art in Pompeii, it shocked the Victorian
sensibilities of the time.[3]
In 1188, Gerald of Wales published Topographia Hibernica, an illustrated manuscript.[4] In
addition to depicting a king mating with a mare then drinking its blood, the manuscript
20 depicts a woman using a goat for sex. [4] The manuscript is one of history's earliest
propaganda tracts.[4]
In 2006 a Sudanese man was caught using his neighbor's goat for sex. As punishment the
village elders forced the man to marry 'Rose the goat' because "he used it as his wife".[5]

Popular culture
25 In the 2002 play The Goat: or, Who Is Sylvia? written by American playwright Edward
Albee, the character Martin, a famous architect, falls in love with a goat named Sylvia. [6]
Martin's use of the goat becomes known to his best friend.[6] The best friend tells Martin's
suburban wife, Stevie, and their 17-year-old son, who become devastated.[6][7]
In the 2004 comedy/horror film Club Dread, the Juan character admits to using a goat for
30 sex.[8]
In 2007, American artist Paul McCarthy displayed Cultural Gothic, a technologically
complex installation of wigged, mannequin-like figures.[9] Cultural Gothic shows a father
helping his son use a goat for sex, with a strangely distanced and robotic look. [9] The work
is "a deliberately ugly reflection of the base, dehumanizing and machismo instincts in
35 popular culture." Cultural Gothic served to indict of those instincts.[9]

See also
 The Goat: or, Who Is Sylvia? - A play about a man who falls in love with a goat.

 Sudanese goat marriage incident

References
40 10. ^ a b Andrea M. Beetz. "Human sexual contact with animals".

11. ^ a b c Havelock Ellis (2004). "Studies in the Psychology of Sex, volume 5". ISBN
1554458315. Page 33. (Google book)
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12. ^ Atiyah, Jeremy. (July 2, 2000) The Independent Where love and anchovies are in
the air. For an image, see not child safe image.

13. ^ a b c Irish Times (March 15, 2003) This land is our land. Section: Weekend. Page
55.

5 14. ^ Sudan man forced to 'marry' goat

15. ^ a b c Brown, Tony. (March 31, 2002) The Plain Dealer Broadway blasts off. Fresh
faces and old hands propel sales to a record. Section: Sunday Arts; Page J1.

16. ^ North Shore Times (April 14, 2006) Glib play with few straight laugh lines.
Section: 1; Page 37.

10 17. ^ Waltz. Amanda. (March 1, 2004) UWIRE "Club Dread" may be, in fact, dreaded.

18. ^ a b c Turner, Elisa. (April 1, 2007) The Miami Herald L.A. Art Exposed. Rubell
exhibit explores West Coast scene. Section: M; page M3.
END QUOTE
.
15 QUOTE
http://www.youtube.com/results?search_query=bestiality&search=tag
Horse Humper Bestiality Documentary
Viewers: I do not in any way condone this, nor take part in bestiality/zoophilia. That said,
enjoy the video.
20 3 years ago 225,951 views
xoffender45
Kirsty trying out bestiality
just yuk
1 year ago 26,134 views
25 Delharris11
Bestiality suspect arrested
no rating 1 year ago 6,932 views no rating KRQE
Bestiality Push Ups
This looks so bad, I didn't even realize how messed up it was till I watched it later...
30 hopefully you can get a good laugh out of it. The Onision ...
Most liked
11 months ago 25,484 views
Most liked
Onision
35 BESTIALITY RIGHTS & ZOOPHILIA RIGHTS "COMING SOON"!!!
(Watch the ...
WATCH THE ENTIRE FILM FOR FREE @ www.comingsoon.cz Don't miss this
opportunity! I don't think it'll last forever!!! Sneak preview of COMING SOON ...
2 years ago 349,061 views
40 fidlovac
bestiality info
I'm not a bestialist/zoophile/zoosexualist/furry/other. i have no interest in animals at all in
that way, i was merely interested in the topic and ...
1 year ago 6,602 views
45 nsmallwood12
Pat Robertson Compares Gay Sex to Bestiality
Watch more at www.theyoungturks.com.
11 months ago 51,707 views
TheYoungTurks
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Bestiality and Zoophilia - An introduction
An introduction to Bestiality and Zoophilia. www.mcgilldaily.com This video does not
contain any sexually explicit image. Nonetheless, as it ...
3 years ago 106,293 views
5 michaelretriever
THE WORLD'S FIRST BESTIALITY-RIGHTS ORGANIZATION: EFA
(www.equalityforall.net ...
Meet EFA - The world's first Bestialty-Rights Oragnization!!! You can watch the entire
film for free at www.comingsoon.cz More info about EFA at ...
10 1 year ago 7,278 views
iloveUUUUUUUUUUUUUU
Howard Stern - 1985-09-20 - Bestiality Dial-a-D...
The Howard Stern Show 1985-09-20 Bestiality Dial-a-Date Part 1: www.youtube.com Part
2: www.youtube.com Part 3: www.youtube.com Part 4: www ...
15 7 months ago 2,250 views
MasterTubeTheatre
Norm Macdonald on bestiality
Norm will make anything funny. Thanks to fakenews.net go there for more stuff.
7 months ago 7,309 views
20 ao9news
Howard Stern - 1985-09-20 - Bestiality Dial-a-D...
The Howard Stern Show 1985-09-20 Bestiality Dial-a-Date Part 1: www.youtube.com Part
2: www.youtube.com Part 3: www.youtube.com Part 4: www ...
7 months ago 1,394 views
25 MasterTubeTheatre
Juvenile Homosexual Bestiality
Mr.Tobe gets his salad tossed before getting his butt whooped by Sambuca the Killer Kat!
2 years ago 60,190 views
boredumb1981
30 Howard Stern - 1985-09-20 - Bestiality Dial-a-D...
The Howard Stern Show 1985-09-20 Bestiality Dial-a-Date Part 1: www.youtube.com Part
2: www.youtube.com Part 3: www.youtube.com Part 4: www ...
6 months ago 986 views
MasterTubeTheatre
35 Howard Stern - 1985-09-20 - Bestiality Dial-a-D...
The Howard Stern Show 1985-09-20 Bestiality Dial-a-Date Part 1: www.youtube.com Part
2: www.youtube.com Part 3: www.youtube.com Part 4: www ...
6 months ago 945 views
MasterTubeTheatre
40 Matty Orchard - Gay Marriage and Bestiality - Part 1
This is a stand up comedy routine I did for a University Law Review. There's a bit of
establishment at the start but it picks up so bear with me!
2 years ago 3,883 views
tubeuser123rage
45 Matty Orchard - Gay Marriage and Bestiality - Part 2
Matty Orchard - Gay Marriage and Bestiality - Part 2
2 years ago 2,699 views
tubeuser123rage
Howard Stern - 1985-09-20 - Bestiality Dial-a-D...
50 The Howard Stern Show 1985-09-20 Bestiality Dial-a-Date Part 1: www.youtube.com Part
2: www.youtube.com Part 3: www.youtube.com Part 4: www ...
6 months ago 857 views
MasterTubeTheatre

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Zoophiles (Bestiality)
I haven't really made my mind up about this topic so don't take anything I say in this video
too seriously. Songs: I wanna fuck a dog in the ass ...
10 months ago 5,208 views
5 ParanoidAsian
Second Rage - Bestiality love train
bestiality train has NO BREAKS! IT WOULD SEEM, SOMEONE THINKS THIS
VIDEO IS NOT SUITABLE FOR MINORS AND HAS REPORTED IT! That is correct. :J
2 months ago 501 views
10 Lotsofpins
1234567 Next
Some search results have been omitted that contain duplicates. If you like, you can repeat
the search with the omitted results included
END QUOTE
15 .
QUOTE
http://au.news.yahoo.com/a/-/newshome/6788732/groom-discovers-new-wife-has-a-beard/
Groom discovers new wife has a beard
AFP February 11, 2010, 8:31 am
20 An Arab ambassador called off his wedding after discovering his wife-to-be, who had worn
a face-covering veil whenever they met, was bearded and cross-eyed, the Gulf News
reports.
The envoy had only met the woman a few times, during which she had hidden her face
behind a niqab, or face-covering veil, the paper said on Wednesday.
25 After the marriage contract was signed, the ambassador attempted to kiss his bride-to-be,
upon which he discovered she had facial hair and was cross-eyed, it said.
The ambassador told an Islamic Sharia court in the United Arab Emirates that he was
tricked into the marriage as the woman's mother had shown his own mother pictures of her
sister instead of her, the report said.
30 He sued for the contract to be annulled and also demanded the woman pay him 500,000
dirhams ($156,330) for clothes, jewellery and other gifts he had bought for her.
The court annulled the contract but rejected the ambassador's demand for compensation.
The report did not identify the ambassador nor give any further details.
END QUOTE
35 .
QUOTE
Man Married Dog to Void Curse - Neatorama
Man Married Dog to Void Curse. By Alex in Animal on Nov 14, 2007 at 4:54
pm ... I heard about another indian man who married a barbie doll. ..
40 www.neatorama.com/2007/11/14/man-married-dog-to-void-curse - Cached
END QUOTE
.
QUOTE
http://www.neatorama.com/2007/11/14/man-married-dog-to-void-curse/
45 Man Married Dog to Void Curse
By Alex in Animal on Nov 14, 2007 at 4:54 pm
Now this is weird: an Indian man, who suffered from sickness after stoning
stray dogs to death 20 years ago, is atoning for his sins by … marrying a stray
dog!
50 P. Selvakumar, a 33-year-old farm labourer from the southern
state of Tamil Nadu, married the four-year-old stray bitch after it

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was bathed and processed to his village temple dressed in an
orange sari and garlanded with flowers. [...]

He was reported to have suffered a series of physical ailments after


stoning the dogs to death and hanging their bodies from a tree.

5 “After that my legs and hands got paralysed and I lost hearing in
one ear,” said Mr Selvakumar after the ceremony with his new
"bride", whose name is Selvi.

A reception attended by some 200 guests was held for the


newlyweds in the groom’s house during which Selvi grew restless
10 and ran away.

However she was subsequently recaptured and returned to her


husband who gave her milk and a bun to eat.
Just as I thought: a dog will do anything for milk and bun! Link
END QUOTE
15 .
QUOTE
http://web.orange.co.uk/p/news/uk_world?menu=news.quirkies
Man marries himself
Ananova - Man marries himself
20 A Chinese man has married himself to express his "dissatisfaction ... News.
Quirkies. Quirky gaffes. Strange crime. Sex life. Animal tales. Sporting
quirkies ..
www.ananova.com/news/story/sm_2177982.html?menu=news.quirkies -
Cached
25 END QUOTE
.
QUOTE
http://au.news.yahoo.com/a/-/mp/7053426/man-admits-sex-with-donkey-and-horse/
Man admits sex with donkey and horse
30 Yahoo!7 April 13, 2010, 8:12 am
A 66-year-old man in the UK has pleaded guilty to having sex with a horse
and a donkey.
Joseph Squires appeared at the Leicester Crown Court charged with a
serious sexual offence against a donkey in 1999 and a horse in 2004.
35 He is also accused of criminal damage to the animals.
Squires was due to stand trial but pleaded guilty to all four charges.
His lawyer Amar Mehta sought bail and told the court Squires was of
previous good character.
"The defendant does not have a stable address although he says his
40 daughter can provide an address," he said.
Squires was refused bail and remanded in custody before being sentenced
in May.
END QUOTE
.
45 QUOTE
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http://www.dailytimes.com.pk/default.asp?page=story_23-12-2004_pg9_3
Thursday, December 23, 2004
Cow marries bull, man marries dog...
From animal weddings to healing cows, drunken barristers to hapless crooks, some of the
5 more unusual stories from Asia seemed almost too unlikely to be true. But true they were.

Often buried under an avalanche of weightier news, these unlikely tales about the everyday
lives of ordinary people reveal a lot about human nature, and the glorious diversity of Asian
culture.
10
Thousands of people looked on as a cow was married to a bull in a full Hindu ceremony in
eastern India. The match was the brainchild of Lazmipati Rao, a resident of the Sambhalpur
district in Andhra Pradesh, who said the idea came to him as a dream.

15 A 75-year-old man in Nepal married a dog in a local custom to ensure good luck only to die
three days later. Following a Tharu community custom that holds that an old man who
grows teeth again, must take a dog as a bride, Phulram Chaudhary tied the knot with a
dog in Durgauli village in south-western Kailali district. “He believed that this would help
him avoid great misfortune later in life. However, he died a few days afterward,” the state-
20 run daily Gorkhapatra said.
END QUOTE
.
QUOTE
http://en.wikipedia.org/wiki/Sudanese_goat_marriage_incident
25 In 2006, in the Sudanese goat marriage incident, a Sudanese man named Charles Tombe
was forced to "marry" a goat with which he was caught having sex in the Hai Malakal
suburb of Juba, Sudan.[1] The owner of the goat subdued the perpetrator and asked village
elders to consider the matter. One elder noted that he and the other elders found the
perpetrator, tied up by the owner, at the door of the goat shed.[2] The goat's owner reported
30 that, "They said I should not take him to the police, but rather let him pay a dowry for my
goat because he used it as his wife." The perpetrator was thus ordered to "marry" the goat,
pay the cost of the goat and pay a dowry of 15,000 dinar (equating to US$75 in 2006, the
GDP per capita was US$1,522 for 2008), with half of the dowry up front.[3][4] The goat
apparently acquired the name "Rose" during the elders' deliberations as part of a joke.[2]
35 The story, first published on 24 February 2006 on the BBC website, attracted massive
attention and was republished on numerous newspapers, blogs and other websites. [1][5] Even
a year after publication, the story was consistently among the BBC's 10 most emailed
articles, with many visitors to the BBC news site passing the tale onto friends. The story
received over 100,000 hits on five successive days long after its original publication, and
40 was read by millions of people. The BBC, astonished at this popularity, wondered if there
was a campaign to keep the tale at the top of its rankings; however, an investigation by its
senior software engineer, Gareth Owen, determined that the demand was genuine. [6]

On 3 May 2007 it was reported that the goat had died, having choked on a plastic bag. [7]
The goat was survived by a four-month old male kid. [2] The BBC honoured the animal with
45 a mock obituary.[8] The death was also reported in many other news outlets, including The
Times,[9] the Daily Mail,[10] and Fox News.[11]

See also
 Human-animal marriage
1 4-4-2010 Page 129
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 Zoophilia

References
1. ^ a b 'Man marries goat' captivates millions, Daily Telegraph, 04/05/2007,
http://www.telegraph.co.uk/news/worldnews/1550479/%27Man-marries-goat%27-
5 captivates-millions.html
2. ^ a b c "Goat, married to man, dies after having first kid in South Sudan" by Mogga
Mark, Juba Post, 5 May 2007 (hosted by Sudan Tribune), accessed 2008-06-01

3. ^ "Sudanese man forced to marry goat", BBC News, 24 February 2006, accessed
2008-06-01

10 4. ^ "Man forced to marry goat in southern Sudan", Juba Post, 25 February 2006
(hosted by Sudan Tribune), accessed 2008-06-01

5. ^ Just Kidding, by Adam Curtis, BBC News, 18 September 2006, accessed 2008-06-
01

6. ^ The goat news story that just won't die by James Silver, The Guardian, 24 April
15 2007, accessed 2008-06-01
7. ^ Sudan's famous goat 'wife' dies, BBC News, 3 May 2007, accessed 2008-06-01

8. ^ R.I.P Sudan's married goat, BBC News, 4 May 2007, accessed 2008-06-01

9. ^ Rose the goat ‘wife’ chokes to death on a plastic bag, Times Online, 4 May 2007,
accessed 2008-06-01

20 10. ^ Man widowed after his goat 'wife' chokes to death, Fred Attewill, Daily Mail, 4
May 2007, accessed 2008-06-01

11. ^ 'Goat Man' of Sudan Becomes a 'Widower', Fox News, 3 May 2007, accessed 2008-
06-01
END QUOTE
25 .
QUOTE
http://www.sudantribune.com/spip.php?article21720
Goat, married to man, dies after having first kid in South Sudan
Saturday 5 May 2007
30 By Mogga Mark
May 4, 2007 (JUBA) — The goat married to a man at Hai Malakal, Juba, last year has now
died. It delivered a baby goat four months ago. The goat, "Rose", was used for sexual
intercourse and a man was caught red-handed. Elders forced the man to marry the goat.
According to eyewitness and goat owner, Mr Alifi, he found the goat defiler, Mr C.T.,
35 naked in his goat shed having intercourse with his goat. After consulting local elders in a
customary court case, the elders decreed that the goat offender must pay a dowry of 75
dollars. Since last year, the wedded goat has now produced a kid; but not a human one.
Mr Alifi further says that he did not give a name to the goat before, but during the local
court deliberations the elders jokingly referred to the goat as Rose. Rose was black and
40 white in colour and unfortunately died recently. Neighbours suspect Rose may have eaten a
plastic bag littered near Mr T.’s compound. She is survived by a newly born male goat,
now four months old and staying with Mr T.

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One of the elders present during the hearing says they were invited by Alifi to come and
solve the issue. "We found Mr T. was tied down by Alifi at the door of the goat shed," said
the elder; he said the marriage was to teach Mr T. a lesson.
(Juba Post)
5 For more please read:
Man forced to marry goat in southern Sudan
END QUOTE
.
QUOTE
10 http://www.youtube.com/watch?v=0lVT5PWHNxM
voiceofjudea — June 20, 2007 — this mock wedding was conducted to demonstrate the
madness and insanity sanctioned by the Israeli courts by allowing the homosexual
abomination parade in the holy city of Jerusalem.
END QUOTE
15 .

.
As a “marriage” is a civil contract” then we need to consider the following also and not hold that
because one of the parties wants to get out of the marriage then this can be done regardless of the
20 injury to the other party.

As the Framers of the constitution made clear:


.
Again;
25 HANSARD 22-9-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]:
Since the law only recognises marriages as civil contracts or partnerships, it would
seem intolerable that when the partners can prove the impossibility of their
30 maintaining friendly relations, they should be compelled by law to make a semblance
of doing so, and both lives be in effect wasted.
END QUOTE
.
“they should be compelled by law to make a semblance of doing so, and both lives be in
35 effect wasted” and as such the no fault divorce is not an issue as to the dissolving the marriage
but as to the harm as to any contract the injured party should be entitled to obtain appropriate
compensation and if the conduct of one party has been as such to cause/inflict direct and/or
indirect injury then the culprit should be dealt with accordingly.
.
40 We have that many couples are together in a business and then, for example, the wife decides to
hop out of the marriage so she and as such the no fault divorce is not an issue as to the dissolving
the marriage but as to the harm as to any contract the injured party should be entitled to obtain
appropriate compensation and if the conduct of one party has been as such to cause/inflict direct
and/or indirect injury then the culprit should be dealt with accordingly.
45 .
We have that many couples are together in a business and then, for example, the wife decides to
hop out of the marriage so she can leave the husband in the financial mesh she helped to create
and then claim property settlement, etc.
In my view, the courts should look at the issue as like any other business conduct and not
50 obliterate contractual liabilities on the basis of a no fault divorce. Not wanting to leave two
warring parties together is one thing but not to award damages to the injured party is another.
.
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The courts should look at property settlement as like any other contractual issue where two
people are having a business partner ship and both are held accountable for their respective
conduct. Many financial struggling business could survive was it not for the wife to opt out of the
marriage and then being awarded her share of the business and the husband then unable to raise
5 the cash may default on payments, etc. Likewise where the husband is ordered to payout the
wife’s allocated share in superannuation and by this looses the employers contribution and so the
husband can up with next to nothing while the wife, well generally her lawyers, are getting most
if not all of the superannuation and come age pension time the general public is then having to
support both because the very pension that was set aside for this time was eaten up by the
10 lawyers.
.
17 U.S. 518, 4 L.Ed. 629, 4 Wheat. 518, (Cite as: 17 U.S. 518), TRUSTEES OF
DARTMOUTH COLLEGE v. WOODWARD.
QUOTE
15 Contracts k6
95k6
A contract is either "executory" or "executed"; by an "executory contract" a party
binds himself to do or not to do a particular thing, and an "executed contract" is one
in which the object of the contract is performed.
20 Constitutional Law k145
92k145
Contracts k1
95k1
A "contract" is a transaction between two or more persons in which each party comes
25 under an obligation to the other, and each reciprocally acquires a right to whatever is
promised by the other.
Contracts k1
95k1
An "executory contract" is one in which a party binds himself to do or not to do a
30 particular thing.
Contracts k47
95k47
Mere executory contracts cannot be enforced at law unless there be a valuable
consideration to sustain them.
35 Contracts k51
95k51
Contracts k52
95k52
Contracts k71(1)
40 95k71(1)
It is not necessary that consideration for a contract should be a benefit to the grantor,
but it is sufficient if it imports damage or loss or forbearance of benefits or any act
done or to be done on the part of the grantee.
Contracts k275
45 95k275
A contract executed, as well as one that is executory, contains obligations binding on
the parties.
END QUOTE
.
50 KING v. JONES ; McEWEN v. HACKERT ; JONES v. JONES. (1972) 128 CLR 221
Barwick C.J.(1), McTiernan(2), Menzies(3), Walsh(4), Gibbs(5) and Stephen(6)JJ.
QUOTE Barwick C.J.(1)
10. There are some basic propositions of constitutional construction which
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are beyond controversy. The words of the Constitution are to be read in that
natural sense they bore in the circumstances of their enactment by the
Imperial Parliament in 1900. That meaning remains, beyond the reach of any
Australian Parliament, subject only to alteration by the means provided by s.
5 128 of the Constitution. The connotation of words employed in the Constitution
does not change though changing events and attitudes may in some circumstances
extend the denotation or reach of those words. These propositions are fully
documented in the reported decisions of this Court which has the task of
finally and authoritatively deciding both the connotation and the denotation
10 of the language of the Constitution. (at p229)
END QUOTE
.
Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the
National Australasian Convention)
15 QUOTE Mr. CARRUTHERS (New South Wales).-
It does not require a majority of the states to insist that the constitution shall be
obeyed, because a majority of the states cannot by resolution infringe the constitution.
END QUOTE
.
20 Hence, any purported COAG (Council of Australian Government) decisions such as regarding
anti terrorist laws neither can be held applicable to undermine the constitutional rights enshrined
in the Constitution.
.
Hansard 9-3-1898 Constitution Convention Debates (Official Record of the Debates of the
25 National Australasian Convention)
QUOTE
Mr. DEAKIN (Victoria).-The position of my honorable and learned friend (Mr. [start
page 2092] Higgins) may be perfectly correct. It may be that without any special provision
the practice of the High Court, when declaring an Act ultra vires, would be that such a
30 declaration applied only to the part which trespassed beyond the limits of the
Constitution. If that were so, it would be a general principle applicable to the interpretation
of the whole of the Constitution.
END QUOTE
.
35 WATSON v_ LEE (1979) 144 CLR 374;( JUDGE3 STEPHEN J.)
QUOTE

As Scott L.J. said in Blackpool Corporation v. Locker (1948) 1 KB 349, at p


361 , speaking there of sub-delegated legislation, "there is one quite general
question . . . of supreme importance to the continuance of the rule of law
40 under the British constitution, namely, the right of the public affected to
know what that law is". The maxim that ignorance of the law is no excuse forms the
"working hypothesis on which the rule of law rests in British democracy" but to
operate it requires that "the whole of our law, written or unwritten, is accessible to
the public - in the sense, of course, that at any rate its legal advisers have access to it at
45 any moment, as of right".
END QUOTE
.
HANSARD 17-3-1898 Constitution Convention Debates
QUOTE
50 Mr. DEAKIN.- In this Constitution, although much is written much remains
unwritten,
END QUOTE
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.
Hansard 2-3-1898 Constitution Convention Debates
QUOTE
Mr. SYMON.-Of course, the absolute control by a state of everything within its own
5 borders is retained by this Constitution, except in respect to such matters as are
expressly handed over to the Commonwealth.
END QUOTE
.
Hansard 8-3-1898 Constitution Convention Debates
10 QUOTE
Mr. GLYNN.-I think they would, because it is fixed in the Constitution. There is no
special court, but the general courts would undoubtedly protect the states. What Mr. Isaacs
seeks to do is to prevent the question of ultra vires arising after a law has been passed.
[start page 2004]

15 Mr. ISAACS.-No. If it is ultra vires of the Constitution it would, of course, be


invalid.
END QUOTE
.
As a CONSTITUTIONALIST I seek to bring out the true meaning and its application of the
20 constitution.
.
http://www.phrases.org.uk/meanings/an-englishmans-home-is-his-castle.html
QUOTE

An Englishman's home is his castle


25 QUOTE
Did Englishmen actually ever have a unique right to act as they please within the walls of

their own home? Well, yes and no. Yes, in the sense that it has been a legal precept in

England, since at least the 17th century, that no one may enter a home, which would

typically then have been in male ownership, unless by invitation. This was established as

30 common law by the lawyer and politician Sir Edward Coke (pronounced Cook), in The

Institutes of the Laws of England, 1628:

"For a man's house is his castle, et domus sua cuique est tutissimum

refugium [and each man's home is his safest refuge]."

This enshrined into law the popular belief at the time, which was expressed in print by

35 several authors in the late 16th century:

- Henri Estienne's The Stage of Popish Toyes: conteining both tragicall and

comicall partes, 1581, includes:

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[The English papists owe it to the Queen that] "youre house is youre Castell."

- Richard Mulcaster, the headmaster of Merchant Taylors' School in London,

echoed this in his treatise on education - Positions, which are necessarie for

the training up of children, 1581:

5 "He [the householder] is the appointer of his owne

circumstance, and his house is his castle."

Judged against the standards of his time, Mulcaster was an enlightened

educationalist. His charges were nevertheless terrified of him and he

condoned methods in the 'castle' of his school that would result these days in a

10 visit from Social Services. His own experience in castles wasn't that happy

either. He was imprisoned for theft in 1555 in the Tower of London and

probably tortured into a confession.

What was meant by 'castle' was defined in 1763 by the British Prime Minister with an

admirable selection of names to choose from - William Pitt, the first Earl of Chatham, also

15 known as Pitt the Elder:

"The poorest man may in his cottage bid defiance to all the forces of the

crown. It may be frail - its roof may shake - the wind may blow through

it - the storm may enter - the rain may enter - but the King of England

cannot enter."

20 It is clear from the above that the law was established to give householders the right to

prevent entry to their homes. Like the 'rule of thumb', which was popularly and mistakenly

believed to be the right of a man to beat his wife, the 'Englishman's home is his castle' rule

didn't establish a man's right to take actions inside the home that would be illegal outside it.

The principle was exported to the United States where, not unnaturally, the 'Englishman' was

25 removed from the phrase. In 1800, Joel Chandler Harris's biography of Henry W. Grady, the

journalist and writer on the US Constitution, included this line:

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"Exalt the citizen. As the State is the unit of government he is the unit of

the State. Teach him that his home is his castle, and his sovereignty rests

beneath his hat."

These days, with all the news of banking collapses and mortgage foreclosures, men and

5 women, English or American, might be glad to have somewhere to call home, even if they

have to obey the law when inside it.

END QUOTE
.
This brings us to property settlement in that somehow what is deemed to be a civil and at times
10 business contract between husband and wife the Family Court of Australia then uses the no fault
divorce as a way to decide property settlement. In my view this is the incorrect application of law
and underlines the need to ensure that the State courts settle these matters in principle.
.
Hansard 17-3-1898 Constitution Convention Debates
15 QUOTE Mr. BARTON.-
Having provided in that way for a free Constitution, we have provided for an
Executive which is charged with the duty of maintaining the provisions of that
Constitution; and, therefore, it can only act as the agents of the people.
END QUOTE
20 .
Forge v Australian Securities and Investments Commission [2006] HCA 44 (5 September
2006)
QUOTE
GLEESON CJ.
25 Numbered Paragraphs with corresponding numbers from Original.
1. 40. The argument for the applicants invoked the principle in Kable v Director of Public
Prosecutions (NSW) that, since the Constitution established an integrated court system,
and contemplates the exercise of federal jurisdiction by State Supreme Courts, State
legislation which purports to confer upon such a court a function which substantially
30 impairs its institutional integrity, and which is therefore incompatible with its role as a
repository of federal jurisdiction, is invalid.

2. 41. It follows from the terms of Ch III that State Supreme Courts must continue to
answer the description of "courts". For a body to answer the description of a court it must
35 satisfy minimum requirements of independence and impartiality. That is a stable principle,
founded on the text of the Constitution. It is the principle that governs the outcome of the
present case. If State legislation attempted to alter the character of a State Supreme
Court in such a manner that it no longer satisfied those minimum requirements, then
the legislation would be contrary to Ch III and invalid. For the reasons given above,
40 however, Ch III of the Constitution, and in particular s 72, did not before 1977, and does
not now, specify those minimum requirements, either for State Supreme Courts or for other
State courts that may be invested with federal jurisdiction.
END QUOTE
.
45 Again
HANSARD 10-03-1891 Constitution Convention Debates
QUOTE

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Dr. COCKBURN: All our experience hitherto has been under the condition of
parliamentary sovereignty. Parliament has been the supreme body. But when we
embark on federation we throw parliamentary sovereignty overboard. Parliament is
no longer supreme. Our parliaments at present are not only legislative, but
5 constituent bodies. They have not only the power of legislation, but the power of
amending their constitutions. That must disappear at once on the abolition of
parliamentary sovereignty. No parliament under a federation can be a constituent
body; it will cease to have the power of changing its constitution at its own will. Again,
instead of parliament being supreme, the parliaments of a federation are coordinate
10 bodies-the main power is split up, instead of being vested in one body. More than all
that, there is this difference: When parliamentary sovereignty is dispensed with,
instead of there being a high court of parliament, you bring into existence a powerful
judiciary which towers above all powers, legislative and executive, and which is the
sole arbiter and interpreter of the constitution.
15 END QUOTE
.
QUOTE http://www.isrcl.org/Papers/Frendo.htm
The contract argument – interpretation of contracts
When there is a contract between the person entrusting information and the recipient, such
20 as is the case with nominees, the same basic argumentation applies in that every contract
must have a lawful causa and if the contract in question is smeared with an unlawful causa,
disclosure surely cannot be held to be unlawful. The effect would be that the contract of
confidentiality would be null and void as lacking one of the essential elements of a valid
contract. The effect would be that the depository of the secret would not be bound any
25 longer by the duty of confidentiality.

The clean hands argument – judicial interpretation


As students we were always taught that you cannot go to court with dirty hands! If
30 you do not have clean hands the court will not assist you in any manner. We cannot
imagine a court entertaining a civil or criminal suit for breach of confidentiality when
the information divulged by the defendant or the accused related to the criminal
activity of the plaintiff.

35 Anyway one looks at it confidentiality is not there to hinder law enforcement and assist
persons in carrying out fraudulent schemes. It is not there to hinder the combating of crime.
Confidentiality is meant to secure a socio-legal benefit. If confidentiality ever comes to a
point that defeats its positive purpose, it is not to apply anymore. If one keeps this principle
in the forefront, as the government of Malta has done throughout these years, then the letter
40 of the law, even if sometimes not so explicit, is supported by a strong spirit and the courts
will be well guided in interpreting it.

Max Ganado/Stefan Frendo


Professor J.M. Ganado & Associates, Advocates
45 7th July 1999
END QUOTE
.
Whereas ordinary in contract law a court would have to consider each party’s contributions and
conduct harmful to a contract in Family Law matters this has somehow been disposed off. With
50 this an innocent party can be financial ruined and the guilty party can have all the benefits.
.
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
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QUOTE Mr. CLARK.-
for the protection of certain fundamental rights and liberties which every individual
citizen is entitled to claim that the federal government shall take under its protection and
secure to him.
5 END QUOTE
.
HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE Mr. ISAACS.-
10 The right of a citizen of this great country, protected by the implied guarantees of its
Constitution,
END QUOTE
.
There was this case about a man who discovered that he had been paying for years child support
15 payments for two of the three children not being his biological children. The former wife later
claimed that she suffered of a medical condition that caused her to have extra marital sexual
intercourse. What the Family Court of Australia seemed to ignore is that the issue was not her
extra sexual relationship but her conduct to knowingly defraud the former husband of child
support payments where she knew she had an extra marital relationship (and in fact since began
20 to life with this man) and that she had repeatedly committed perjury in claiming child support
without disclosing the paternity of the two children not being that of the former husband.
As such basically the Family Court of Australia condoned this kind of abuse and misuse of its
legal processes.
.
25 HANSARD 22-9-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]:
Since the law only recognises marriages as civil contracts or partnerships, it would
seem intolerable that when the partners can prove the impossibility of their
30 maintaining friendly relations, they should be compelled by law to make a semblance
of doing so, and both lives be in effect wasted.
END QUOTE
.
As marriages are deemed to be “civil contracts” and generally but not always does involve
35 children also then while one cannot hold two warring parties together still it is another thing that
one of the parties is faithful to the marriage and the other abuses/misuses his/her position to have
an extra matrimonial affair.
In Family Law, and rightfully so, women who full times are at home are deemed to be
homemakers by this in their capacity assist the husband to earn his income. Likewise men who
40 look after a child or children and their wife’s are the money earners also should have an equal
position. When a woman stays at home then ordinary she does the cooking, cleaning, ironing,
etc, and is there to ensure the husband can go to work in clean clothing, even she may be there to
entertain visitors in relation to her husbands work, etc. As such women are part of the husband’s
ability to earn an income.
45 .
Further more, the child rearing is a demanding job that demands the wife to be not just a mother
but also a friend and teacher, playmate, etc.
In my view, when the husband earns an income with a superannuation entitlement then this
should be recorded on both names, that of the husband and wife and if the wife earns an income
50 and the husband looks after the children then it should likewise be on both names.
.
Hansard 21-1-1898 Constitution Convention Debates
QUOTE
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Mr. HOWE.-Then my sub-section will take the place of subsection
(24). The amendment is to insert as a new sub-section.
Invalid and old-age pensions.
There are records of bankruptcy, of reckless, and in some instances
5 corrupt, management, when the hard earnings of the people and the savings
of a lifetime have been swept away-have melted away like snow before
the noonday sun. Through this reckless and corrupt management men who
thought they had provided for their old and declining age found themselves
stranded on the cheerless shores of charity, and many of them have had
10 to accept even amongst ourselves the pauper's lot. The pauper's lot in
Australia or in any other country is to the deserving poor one of the
saddest and darkest blots on our civilization. I know that we cannot
speak with too much respect or praise of our benefit societies.
END QUOTE
15 .
Hansard 21-1-1898 Constitution Convention Debates
QUOTE The Hon. J.H. HOWE:
The poor have to be kept by the state in any case, and I want the
commonwealth to say to those of its citizens who have attained a certain
20 age, or who have been maimed for life by some accident, that they shall
not want, and need not be a burden upon friends, who, [start page 1087]
perhaps, are not able to keep them, but that the commonwealth shall
provide the means from this fund to which they have contributed whereby
they can live.
25 END QUOTE
.
Superannuation was the brainchild of Mr Howe (for the Commonwealth of Australia), who
tireless pursued the other delegates to accept that the Commonwealth of Australia should provide
for Invalid and age pensions. In the end he succeeded to achieve this.
30 In divorce cases the problem is that the very pensions designed for old age are often used up by
lawyers during litigation and so undermines the very purpose of the age pensions. In my view the
courts should keep age pensions entitlements separate and should not in any way force any kind
of payout as this is against what the constitution stands for.
.
35 Why on earth should any employer be obligated to contribute 9% towards an employee’s
superannuation for old age pension when at any moment the courts in property settlement can
order the monies to be withdrawn, etc? It is a counter acting conduct by the courts.
In my view, the courts must be bound to recognise that constitutionally pensions are for age
retirement and that it cannot cause the monies to be used for other purposes.
40 As such lawyers also have to keep their hands of it. Therefore, I view the courts must respect the
constitutional intention of any pension payments made and can order a division of entitlement
but should never be permitted to cause the withdrawal of any monies.
.
As with any “civil contract” the Commonwealth of Australia also should recognise the issue of
45 “alienation of affection”.
The issue isn’t one of trying to make separation or divorce difficult but rather to seek to minimise
the opportunity of a marriage being undermined by the conduct of one of the partners with
another person.
.
50 The Commonwealth of Australia would be hypocritical by claiming a marriage is between one
man and one woman and then disregard any enforcement for this.
If a partner of the marriage breached the terms of the “civil contract” then that partner and
anyone else involved with it should be held legally accountable.
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.
It must be understood that it is upon the “civil contract” that generally children are coming into
the marriage and as such the children are also affected by one of their parents breaching the
terms of the “civil contract” of marriage.
5 .
As such, the message would be that if you are married you better stick to it as if you want to fool
around then first separate from the other partner. After all if a matrimonial partner goes around
with having extra matrimonial sexual relationships then he/she can endanger the health and
wellbeing of the other marriage partner, being by transmitting AIDS or whatever!
10 .
QUOTE
http://www.wlbt.com/Global/story.asp?S=10741868
Former congressman's wife sues alleged mistress
Posted: Jul 17, 2009 1:27 PM Updated: Jul 18, 2009 2:51 AM
15 By Kandiss Crone

JACKSON, MS (WLBT) - Former Congressman Chip Pickering's wife is suing his alleged
mistress.
Leisha Jane Pickering filed a lawsuit against Elizabeth Creekmore-Byrd in the Hinds
20 County Circuit Court Tuesday.
The suit alleges Creekmore-Byrd ruined the relationship between the former Congressman
and his wife.
Law professor Matt Steffey, who is not representing the parties involved, explains an
alienation of affection lawsuit.
25 "In this case, Mrs. Pickering is accusing Mr. Pickering's alleged girlfriend of doing two
things, that Mr. Pickering's affections are alienated that he's lost the affection of his wife,
and that seems readily proveable enough, and second that it was this third person, this
girlfriend is the legal cause of that, that she actually alienated Mr. Pickering's affections,"
Matt Steffey said.
30 Pickering retired from his position as third district congressman at the end of last year when
his term ended.
Leisha Pickering alleges Creekmore-Byrd interfered with her husband's political career.
In the lawsuit she states the unexpected announcement of Senator Trent Lott's resignation
caused Governor Haley Barbour to offer the Senate position to Pickering in December
35 2007.
She states Creekmore-Byrd insisted that if Pickering accepted the position in the Senate
that their relationship would not be able to continue."
Steffey says these type of lawsuits are not uncommon.
"They're not very difficult to prove actually. If you have solid evidence in an extramarital
40 affair then you can get a trial and you can push it forward. They're usually used in terms of
a threat that I'm gonna sue your girlfriend for alienation of affection. I'm gonna sue your
boyfriend and things settle down through divorce proceedings and that doesn't happen,"
Steffey said.
Steffey says the people affected most in situations like this are often the children.
45 The Pickering's are parents of five kids.
"These pleadings bring up the emotional well-being of the children and we have to ask
ourselves is suing what potentially could be the stepmother of these children going to help
them heal?" Steffey said.
The couple filed for divorce last year but it is not yet final.
50 Pickering's wife is seeking compensatory and punitive damages.
END QUOTE
.
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QUOTE
http://out.smashits.com/to/http://www.allvoices.com/contributed-news/5467369-wife-sues-
mistress

Wife Sues Mistress


5 By Nazakatsahib
Los Angeles : CA : USA | Mar 24, 2010
Wife sues mistress and wins in the case of Cynthia Shackelford and Anne Lundquist.
Meanwhile, will the Jesse James scandal involving his affair with Michelle “Bombshell”
McGee while married to Sandra Bullock cause another wife sues mistress scene?
10 In the wife sues mistress case, Radio Now 100.9 reports Cynthia Shackelford went after
university dean of students Anne Lundquist for going after her lawyer husband Allan.
Cynthia Shackelford said, “She set her sights on him. … She knew he was married. You
don’t go after married men and break up families.”
A jury awarded Cynthia Shackelford $4 million in punitive damages and $5 million in
15 compensatory damages for a total of a cool 9 million bucks. The wife sues mistress case
was based on the alienation of affection laws.
Cynthia Shackelford works in retail now to pay the bills since her husband financially
abandoned her after the divorce. Anne Lundquist claims she does not have a lot of money
and does not know where millions will come from.
20 Either way, Cynthia Shackelford feels the wife sues mistress case was worth it because it
sent a message. Will Sandra feel this way about the Jesse James scandal and will there be
another wife sues mistress case? Only time will tell…
END QUOTE
.
25 QUOTE
http://scarlett-journey.net/2010/03/24/cynthia-shackelford-won-9-million-over-anne-
lundquist/

Cynthia Shackelford won $9 Million over Anne Lundquist


30 March 24, 2010 by sandy · 11 Comments
Filed under: Crime, News

Cynthia Shackleford is suing her husband’s mistress, Anne Lundquist, for alienation of
affection. This is a real-life crime in North Carolina.
35 She says how the girl altered her husband and convinced him to stroll out on 33 years of
marriage. She stated she’ll have the ability to forgive her if she shells out 9 million dollars.
North Carolina is a single of seven states that enables the people to be sued for cheating
with a married man or lady.
END QUOTE
40 .
QUOTE
http://www.nowpublic.com/world/cynthia-shackelford-sues-anne-lundquist-wife-sues-
mistress-2595172.html
Cynthia Shackelford Sues Anne Lundquist: Wife Sues Mistress
45 by Amy Judd | March 23, 2010 at 04:40 pm
Cynthia Shackelford Received $9 Million From Anne Lundquist, Her Husband's
Mistress, for Ruining Their Marriage
Cynthia Shackelford from North Carolina, used a law that is centuries old, to sue her
husband's lover for 'alienation of affection' according to The Times, for breaking up their
50 marriage.
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Anne Lundquist has now been ordered to pay $9 million in total, $5 million in
compensatory damages and $4 million in punitive damages. Cynthia Shackelford had been
married to her husband for 33 years and told Good Morning America that she did this for
all women to have their eyes on someone's husband, that they should not come between any
5 couple.
“As long as a couple are living together as man and wife, same house, same bedroom, same
bed: lay off.” she said. “My children are devastated. I’m devastated.”
Source: timesonline.co.uk
Cynthia's husband, Allan Shackelford, 62, is a lawyer and started having an affair with
10 Anne Lundquist in November 2004 when he was giving legal advice at the North Carolina
college where she worked. Ms. Shackelford said that Ms. Lundquist deliberately seduced
her husband and she even hired a private investigator to follow the couple while they were
having an affair.

Cynthia split from her husband in 2005 and he was ordered to pay $5,000 a month in
15 alimony but she claims he has yet to pay.

Mr Shackelford says that he and his wife had a troubled marriage before he met Ms
Lundquist, 49, and had gone through three rounds of failed counselling. “Their
marriage did not break up because of Anne Lundquist,” he wrote in a post on the
Greensboro News-Record’s website.

20 Source: timesonline.co.uk

Aside from North Carolina, only six other states still have the 'alienation of affection'
statue.
END QUOTE
.
25 QUOTE
http://www.nowpublic.com/world/cynthia-shackelford-sues-anne-lundquist-wife-sues-
mistress-2595172.html
melissa br (not verified)
at 03:19 on March 24th, 2010
30 Some countries allow death to be punishment for adultery and the adulteress/er. The Torah
perscribes the death penalty for adultery. Iran enforces one of the most severe
punishments. Stoning and other cruel punishments taking place in the Islamic Republic of
Iran are not a matter of individual discretion; rather, they are defined by the law of the land,
and such sentences are issued based on these laws. The penalty for adultery under Article
35 83 of the penal code, called the Law of Hodoud is flogging (100 lashes of the whip) for
unmarried male and female offenders. Married offenders may be punished by stoning
regardless of their gender, but the method laid down for a man involves his burial up to his
waist, and for a woman up to her neck (article 102). The law provides that if a person who
is to be stoned manages to escape, he or she will be allowed to go free. Since it is easier for
40 a man to escape, this discrimination literally becomes a matter of life and death.
Interestingly, Article 6 (2) of the International Covenant on Civil and Political Rights,
which Iran has ratified, states: "Sentence of death may be imposed only for the most serious
crimes in accordance with the law in force at the time of the commission of the crime."
Offenses for which the Law of Hodoud provides the death penalty do not involve murder or
45 serious bodily harm, constituting the "most serious crimes". Article 104 of the Law of
Hodoud provides that the stones should not be so large that a person dies after being hit
with two of them, nor so small as to be defined as pebbles, but must cause severe injury.
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This makes it clear that the purpose of stoning is to inflict grievous pain on the victim, in a
process leading to his or her slow death. 3- All execution orders and verdicts of stoning
must be upheld by the supreme court in Tehran irrespective of where they were issued.
Therefore, the regime's justification is absurd. Stoning occurs in one of the security centers
5 in Tehran in the presence of high ranking officials of the regime's judiciary. The verdicts
are issued by Ali Razini, the head of Judicial Organization of the Military Forces. Razini
throws the first stone. Anecdotes of this brutal process reveal ever more of cruelty. The
regime's authorities usually force the victim's family members, including children, to watch
the stoning to death of their loved one, and in some instances, when the woman
10 miraculously managed to escape, contrary to the regime's own law, she was recaptured and
either stoned again or killed on the spot. On August 10, 1994, in the city of Arak, a woman
was sentenced to death by stoning. According to the ruling of the religious judge, her
husband and two children were forced to attend the execution. The woman urged her
husband to take the children away, but to no avail. A truck full of stones was brought in to
15 be used during the stoning. In the middle of the stoning, although her eyes had been gouged
out, the victim was able to escape from the ditch and started running away, but the regime's
guards recaptured her and shot her to death. The brutality is not limited to stoning. For
example, in late May 1990, in the city of Neyshabour (northeastern Iran), a woman charged
with adultery was thrown off a 10-story building. The execution was carried out in public,
20 and the victim died on impact. The regime's duplicity when it comes to publicizing the
news of such Byzantine atrocities, is very telling. Inside Iran, they are trumpeted with great
fanfare,Indeed, stoning is indispensable to the clerics efforts to intimidate and terrorize the
Iranian public. During Friday prayers, in May of 1998, in the provincial capital of
Kermanshah (the largest city in western Iran), Mullah Zarandi had the following to say
25 about the need to carry out stoning: “The security forces have to show more presence in the
society. In order to set an example for others, the judiciary should also bring some of those
eligible to one of the city squares and amputate their hands. They should also have a series
of stoning. I promise that the society will be rectified.”
melissa br (not verified)
30 at 03:40 on March 24th, 2010
The Holy Bible :And the man that committeth adultery with another man’s wife, even
he that committeth adultery with his neighbour’s wife, the adulterer and the
adulteress shall surely be put to death.” - Leviticus, 20/10 Interestingly, the Holy Bible
prescribes death penalty by stoning for a number of offenses sometimes trivial. ‘Rocks
35 were hurled at the victim, until he or she became a bloody pulp, and the mass of flesh
ceased to move.’ This horrible method of execution was carried out in Europe for several
years in the past. Death penalty by stoning for blasphemy And he that blasphemeth
the name of the Lord, he shall surely be put to death, and all the congregation shall
certainly stone him;……” - Leviticus, 24/16 Death penalty for straying near
40 Tabernacle And when the tabernacle setteth forward, the Levites shall take it down;
and when the tabernacle is to be pitched, the 1Avites shall set it up; and the stranger
that cometh nigh shall be put to death.” - Numbers, 1/51 Death penalty for not
observing holiday (sabbath) ‘Sabbath’ means a day of the week set aside for religious
worship and rest from work, usually Saturday among the Jews and Sunday among the
45 Christians. Holy Bible ordains the Christians to observe holiday (holy day), a day of rest
for God. He who falls to observe, will be put to death. Ye shall keep the sabbath
therefore; for it is holy unto you; every one that defileth it shall surely be put to death;
for whosoever doeth any work therein, that soul shall he cut off from among his
people.” - Exodus, 31/14 Six days shall work be done, but on the seventh day there
50 shall be to you an holy day, a sabbath of rest to the Lord; whosoever doeth work
therein shall be put to death.” - Exodus, 35/2 In ‘Exodus’, the reason given for observing
seventh day as a day of rest is, ‘because God made the heavens and the earth in six days,
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and rested on the seventh day.’ It is a human being, not God, who gets fatigued on account
of continuous work for six days, and needs rest on the seventh day. God Almighty is
Omnipotent. To say that He rested on the seventh day, as if He was fatigued and
exhausted, amounts to blasphemy. Thus the above vese in Exodus degrades God to the
5 position of frail human being. Death penalty for disobeying parents Here is the most
inhuman and the most brutal Biblical law which authorises parents, the father and the
mother, to bring their own son to the elders of the city to get him stoned to death, for trivial
fault of disobedience and stubbornness. Read the following four verses : If a man have a
stubborn and rebellious son, which will not obey the voice of his father, or the voice of
10 his mother, and that, when they have chastened him, will not hearken unto them: -
Deuteronomy, 21/18 Then shall his father and his mother lay hold on him, and bring
him out unto the elders of his city, and unto the gate of his place; - Deuteronomy, 21/19
And they shall say unto the elders of his city, This our son is stubborn and rebellious,
he will not obey our voice; he is a glutton, and a drunkard. - Deuteronomy, 21/20 And
15 all the men of his city shall stone him with stones, that he die; so shalt thou put evil
away from among you; and all Israel shall hear, and fear. - Deuteronomy, 21/21 Death
penalty for cursing parents And he that curseth his father, or his mother, shall surely be
put to death. - Exodus, 21/17 (vi) Death penalty for homosexuality 13. If a man also lie
with mankind, as he lieth with a woman, both of them have committed an
20 abomination; they shall surely be put to death; their blood shall be upon them. -
Leviticus, 20/13 Death penalty for sexual intercourse with a woman during her
menstruation period And if a man shall lie with a woman having her sickness, and
shall uncover her nakedness; he bath discovered her fountain, and she bath
uncovered the fountain of her blood; and both of them shall be cut off from among
25 their people. - Leviticus, 20/18 Death penalty for loss of virginity The Holy Bible
prescribes capital punishment by stoning for loss of virginity in the following two verses :
But if this thing be true, and the tokens of virginity be not found for the damsel;” -
Deuteronomy, 22120 Then they shall bring out the damsel to the door of her father’s
house, and the men of her city shall stone her with stones that she die; because she
30 hath wrought folly in Isreal, to play the whore in her father’s house; so shalt thou put
evil away from among you. - Deuteronomy, 22/21
END QUOTE
.
QUOTE
35 Alienation of affections - Wikipedia, the free encyclopedia
 History and scope
 Criticism
 References
 External links
40
HTTP://en.wikipedia.org/wiki/Alienation_of_affections - Cached
At common law, alienation of affections is a tort action brought by a deserted spouse
against a third party alleged to be responsible for the failure of the marriage. The defendant
in an alienation of affections suit is.
45 END QUOTE
.
QUOTE
http://en.wikipedia.org/wiki/Alienation_of_affections

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Alienation of affections

From Wikipedia, the free encyclopedia


At common law, alienation of affections is a tort action brought by a deserted spouse
against a third party alleged to be responsible for the failure of the marriage. The defendant
5 in an alienation of affections suit is typically an adulterous spouse's lover, although family
members, counselors and therapists or clergy members who have advised a spouse to seek
divorce have also been sued for alienation of affections.

Contents
 1 History and scope

10 o 1.1 North Carolina

o 1.2 Mississippi
 2 Criticism

 3 References

4 External links

15 History and scope


Alienation of affections was first codified as a tort by the New York state legislature in
1864, and similar legislation existed in many U.S. states in the late 19th and early 20th
centuries. Since 1935, this tort has been abolished in 42 states. Alienation is, however, still
recognized in Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota,
20 and Utah.[1][2]
An action for alienation of affection does not require proof of extramarital sex. An
alienation claim is difficult to establish because it comprises several elements and there are
several defenses. To succeed on an alienation claim, the plaintiff has to show that (1) the
marriage entailed love between the spouses in some degree; (2) the spousal love was
25 alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the
loss of affection. It is not necessary to show that the defendant set out to destroy the marital
relationship, but only that he or she intentionally engaged in acts which would foreseeably
impact on the marriage. Thus, defendant has a defense against an alienation claim where it
can be shown that defendant did not know that the object of his or her affections was in fact
30 married. It is not a defense that the non-innocent spouse consented to defendant’s conduct.
But it might be a defense that the defendant was not the active and aggressive seducer. If
defendant’s conduct was somehow inadvertent, the plaintiff would be unable to show
intentional or malicious action. But prior marital problems do not establish a defense unless
such unhappiness had reached a level of negating love between the spouses.

35 North Carolina
In North Carolina, alienation of affections suits are still regularly pursued, with an
estimated 200 lawsuits a year filed. Courts sometimes award large awards, with a few cases
in recent years involving awards of over one million dollars. In 2001, two high profile suits
drew attention to the cause of action: Christine Cooper of Greensboro won a $2,000,000
40 verdict against her husband's mistress and Thomas Oddo won a $1.4 million suit against his
wife's lover[3] ; more recently, in March 2010, Cynthia Shackelford won a $9 million suit
against her husband's alleged mistress.[4] Lawyers advertise their expertise in such lawsuits
as a regular legal specialty.[5][6] In North Carolina such lawsuits can be filed only for
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conduct prior to a separation; however, the tort of criminal conversation applies to post-
separation conduct as well. The North Carolina legislature has repeatedly had bills to
abolish the tort introduced, and declined to do so. [7] In 2009, the General Assembly
approved legislation which placed some additional limits on such lawsuits. [5][6][8] The bill
5 was signed into law by Governor Bev Perdue on August 3, 2009, and is codified under
Chapter 52 of the North Carolina General Statutes[9] :
Ҥ 52-13. Procedures in causes of action for alienation of affection and criminal
conversation.

(a) No act of the defendant shall give rise to a cause of action for alienation of affection
10 or criminal conversation that occurs after the plaintiff and the plaintiff's spouse
physically separate with the intent of either the plaintiff or plaintiff's spouse that the
physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be


commenced more than three years from the last act of the defendant giving rise to the
15 cause of action.

(c) A person may commence a cause of action for alienation of affection


or criminal conversation against a natural person only.[10]”

Mississippi
20 The Mississippi Supreme Court, in Fitch v. Valentine, upheld the constitutionality of the
state's alienation of affection law.[5][6]
In July, 2009, Leisha Pickering, the wife of former Mississippi Congressman Chip
Pickering, filed suite against his alleged mistress, Cellular South heiress Elizabeth
Creekmore Byrd, demanding compensation for alienation of affection. [3] The case, which is
25 the highest profile claim of this sort in a generation, was still pending as of October,
2009.[3]

Criticism
Although some trial lawyers support such statutes, many divorce attorneys believe such
laws should be repealed.[11] A leading North Carolina divorce specialist has written: "
30 Adultery is not uncommon, but an alienation-of-affection case just polarizes everyone and
devastates everything in its path including the children and both spouses....The world has
changed. Women are no longer viewed as property. Alienation-of-affection is something
that dates way, way back, and if there was ever a law that needed to be removed, this is it."
[11]

35 Liberal writer Jacob Appel has called these suits "vestiges of legal codes that also
prohibited divorce and criminalized premarital sex" and argued that they are likely
unconstitutional in the aftermath of the United States Supreme Court ruling in Lawrence v.
Texas.[3] He has derided these suits as using the "judicial system as a mechanism for
personal vengeance." [3] According to Appel, "The consensual conduct of adults in their
40 own bedrooms ought to be their own business, and maybe that of their spouses, not a matter
to be deliberated over by a jury of meddlesome peers."[3]

References
1. ^ Alienation of Affection Law
2. ^ Alienation of Affection Lawsuits at legalmatch.com
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3. ^ a bc de f
Hate the husband? Sue the Mistress!

4. ^ GOMSTYN, Alice (2010-03-22). "Wife Wins $9 Million From Husband's Alleged


Mistress". ABC News. http://abcnews.go.com/Business/TheLaw/wife-wins-million-
husbands-alleged-mistress/story?id=10151957. Retrieved 2010-03-23.

5 5. ^ a bc
Alienation of Affection in North Carolina
6. ^ a bc
Divorce Issues: Alienation, April 1, 2008.

7. ^ CBS report, June 18, 2003

8. ^ (broken link) at The Sun News of Myrtle Beach, South Carolina.


9. ^ “House Bill 1110 / Session Law 2009-400” Retrieved 23-3-2010

10 10. ^ N.C. Gen. Stat. § 52-13 (2010), (available at


http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H1110v7.pdf Retrieved 23-3-
2010)

11. ^ a b Divorce Lawyers Want Alienation-Of-Affection Law Dropped, Apr 23, 2004

15 External links
 Alienation of Affection: Grounds and Defenses

 Alienation of Affections Explanation and Example, 2009, CNN

 Alienation of Affections at WORLDLawDirect

 States of the U.S. that have abolished and that retain Alienation of affection laws

20  North Carolina Alienation of affection in divorce discussion


END QUOTE
.
QUOTE
http://www.rosen.com/2008/11/04/alienation-of-affection-and-criminal-conversation/
25 Alienation of Affection and Criminal Conversation
by admin on November 4, 2008
An outsider’s interference with marriage can cost the outsider big bucks in North
Carolina
Fairly high-dollar awards in such cases have existed here for a number of years, a fact not
30 generally known. As long ago as 1926, for instance, a jury in Macon County rendered a
verdict in the amount of $12,000 against the lover of plaintiff’s wife. A 1931 jury in
Forsyth County held against plaintiff wife’s father-in-law for $38,000. A Rowan County
jury awarded $30,000 against a husband’s girlfriend in 1969. In 1982, our Court of Appeals
affirmed a jury verdict in the amount of $25,000 in compensatory damages and another
35 $25,000 in punitive damages.
Moving into the 1990’s, North Carolina juries were even more generous. A 1990 Forsyth
County jury award of $300,000 in punitive damages for alienation was sustained on appeal,
even though the court struck the compensatory award for $200,000. In 1997 alone, a jury
handed down $1.2 million against a female paramour in Forsyth County and awarding
40 another jilted wife $1 million in Alamance County and a deceived husband $243,000 in
Wake County. In late 1999, a judge in Durham County valued compensatory damages in a
case brought by a husband against his wife’s lover at less than $3,000 in compensatory
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damages but the judge still awarded $40,000 in punitive damages on the criminal
conversation claim.
Even in this decade, the trend of generosity has continued. In August of 2000, a Burke
County judge awarded a devastated wife $86,250 for alienation of affection and $15,000
5 for criminal conversation, totaling $101,250. In May of 2001, in Richmond County, the
jury answered the issues of alienation of affection and criminal conversation in favor of the
scorned husband and awarded him compensatory damages of $50,000 plus punitive
damages of $50,000. Another distraught husband, in Mecklenburg County, received an
award of $1.4 million in May, 2001 comprised of $910,000 in compensatory damages and
10 $500,000 in punitive damages.The jury found the doctor who had had an affair with this
man’s wife liable for both alienation of affection and criminal conversation. After an appeal
the original award of compensatory damages was reversed, the punitive damages award,
however, was upheld. In 2007, a Cook County judge ordered a man to pay $4802 to a
husband who was grieving the loss of his wife after an affair.
15 Since our Supreme Court refused to abolish these causes of action in 1984 and since our
legislature has shown no strong interest in abolishing these causes of action, sizeable
damage awards remain a real possibility in North Carolina. More than 200 alienation
actions are filed in an average year.
Conduct after date of separation
20 The date of separation is an important date in alienation of affection and criminal
conversation cases. Our courts have decided that conduct that occurs before the date of
separation is relevant to these types of actions. This is because a claim of alienation of
affection must prove that, among other things, the defendant’s malicious conduct
contributed to or caused the loss of affection in the marriage. The parties to the marriage
25 must still be together in order to prove this claim. It is important to note, however, that
conduct which occurs after the date of separation may also be considered by a judge, if that
conduct corroborates the conduct that occurred before the date of separation. In criminal
conversation actions, by contrast, post-separation conduct is even more important. Conduct
which occurs after the date of separation can be considered by a court to not only
30 corroborate behavior that occurred before the date of separation, but is enough on its own
to maintain an action for criminal conversation.
North Carolina is in the minority
The existence of continuing cases of this sort in North Carolina appears to surprise lawyers
and residents in many other states because we are now in a very small minority of
35 jurisdictions — including Illinois, Mississippi, New Hampshire, New Mexico, South
Dakota and Utah — which still recognize both alienation of affection and criminal
conversation. Forty three states and the District of Columbia have abolished the cause of
action for alienation of affection. The states vary widely in the way they deal with this
issue: in some states, only one of the two causes of action continues to exist, and thus proof
40 of the claim and/or damages have been significantly curtailed in recent years. None of these
reforms has altered the stance favoring such claims in this State.
Criminal Conversation
Criminal conversation is the name for a civil lawsuit sounding in tort (a kind of injury to
the person) based on sexual intercourse between the defendant and the plaintiff’s spouse.
45 Criminal conversation is something like a “strict liability tort” because the only things the
plaintiff has to prove are (1) an act of intercourse and (2) the existence of a valid marriage
between the plaintiff and the adulterous spouse, and (3) the bringing of the lawsuit within
the applicable statute of limitations. For all practical purposes, there are no obvious
defenses to a timely claim for criminal conversation, provided the plaintiff can prove a
50 valid marriage and intercourse between the defendant and plaintiff’s spouse. It is not a
defense that: the defendant did not know the other person was married, that the person
consented to the sex, that the plaintiff was separated from his or her spouse, that the other
person actually seduced the defendant, that the marriage was an unhappy one, that the
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defendant’s sex with the spouse did not otherwise impact on the plaintiff’s marriage, that
plaintiff had mistreated the spouse, or that the plaintiff had also been unfaithful. It might be
a defense that the plaintiff “consented” to the illicit intercourse; but defendant would have
to show that this approval or encouragement had pre-dated the extramarital conduct.
5 Alienation of Affection
An action for alienation of affection, on the other hand, does not require proof of
extramarital sex. Despite this difference, an alienation claim tends to be more difficult to
establish because it is comprised of more elements and there are some additional defenses.
To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed
10 love between the spouses in some degree; (2) the spousal love was alienated and destroyed;
and (3) defendant’s malicious conduct contributed to or caused the loss of affection. It is
not necessary to show that the defendant set out to destroy the marital relationship, but only
that he or she intentionally engaged in acts which would foreseeably impact on the
marriage. Thus, defendant has a defense against an alienation claim — but not to a claim
15 for criminal conversation — where it can be shown that defendant did not know that the
object of his or her affections was in fact married. As with a criminal conversation action, it
is not a defense that the non-innocent spouse consented to defendant’s conduct. But it
might be a defense that the defendant was not the active and aggressive seducer. If
defendant’s conduct was somehow inadvertent, the plaintiff would be unable to show
20 intentional or malicious action. But prior marital problems do not establish a defense unless
such unhappiness had reached a level of negating love between the spouses.
Criticism of these laws
Critics of such laws call them obsolete methods for legislating morality (despite the fact
that most criminal laws could be said to legislate morality). Critics also say the laws do not
25 fulfill their purpose of protecting marital relationships, inequitably punish only one of two
guilty parties, and serve as an excuse for blackmail or forced settlements. The critics add
that such suits can also be misused by embittered spouses seeking vengeance against a third
party interferer and that injured spouses cannot possibly be compensated for a lost
marriage. On the other hand, defenders point to the virtual non-existence of criminal
30 prosecutions for adultery in current American culture, a need to uphold the sanctity of the
marriage vows through some kind of formal legal sanction for violation of marital
promises, and the potential deterrence of rampant extramarital affairs by means of the
threat of monetary damage suits. Defenders also point out that adultery has a very long
history of illegality; and that it is therefore appropriate for the civil laws of criminal
35 conversation and alienation of affections to perpetuate Western culture’s longstanding
disapproval, by law and by custom, of extramarital affairs.
Whether one thinks it is a good or a bad situation for North Carolina to continue to
recognize such claims by spouses claiming injury to their marriages may largely depend,
then, on one’s views of the need in the 1990s for protection of the marital relationship
40 through civil litigation against the non-spouse wrongdoer and for monetary remedies for
the alleged harms caused to that relationship. Indeed, some commentators have mentioned
that high jury verdicts and the renewed popular interest in lawsuits for alienation of
affections and criminal conversation may signal a growing societal disaffection with overly
permissive sexual standards and a desire for stricter enforcement of family values. Pro-
45 family writers believe it important that deceived spouses have litigation-oriented
opportunities for vindication and that society retain this acknowledgment, however
marginalized at present, of the supremacy of the institution of marriage against unwarranted
intrusion. Ultimately, of course, these are all subjective and philosophical viewpoints likely
to vary considerably from person to person.
50 END QUOTE
.
QUOTE
http://personalinjurylawyernc.com/PracticeAreas/Alienation-of-Affection.asp
1 4-4-2010 Page 149
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Alienation of Affection | Criminal Conversation

NC Lawyers serving Chapel Hill, Raleigh, and Durham


In the state of North Carolina, people who break up marriages and engage in sexual
5 intercourse with those who are already married risk being sued civilly. If their spouse has
cheated you or someone you know on, he or she may be entitled to compensation. North
Carolina is one of the minority states that allows victims of paramours to recover money
from the paramour, not the cheating husband or wife. There are two main causes of action
involving this: Alienation of Affection and Criminal Conversation. Each year, over 200
10 cases are still filed under these causes of action. Since the North Carolina Supreme Court
has not explicitly ruled these actions unconstitutional, many courts are still willing to allow
these causes of action to proceed and have allowed juries to award damages to the victims.
Alienation of Affection in North Carolina
Alienation of affection claims generally refers to conduct that occurred before the
15 separation. It is very important to note the date of separation in divorce cases. To have a
valid cause of action of alienation of affection, the plaintiff must prove that the marriage
involved love between husband and wife, that the spousal love was injured and
destroyed, and that the defendant’s conduct contributed to or caused the loss of
affection. Please note that extra-marital sex is not required. Flirting, going on dates,
20 kissing, and other intimate activities can be enough. The defendant also does not have to
specifically set out to destroy the marriage. He or she only has to intentionally engage in
acts that can foreseeably injure the marriage. Consent on part of the victim’s spouse is not a
defense to alienation of affection. Unhappiness in the marriage is also no defense. It does
not matter how unhappy of a marriage or how unreasonable the victim’s behavior. As long
25 as the victim and the spouse are still married at the time, the victim may have an action for
alienation of affection if the elements are met. Please note that the defendant does not have
to be a paramour either. In-laws or friends who consistently advise the victim’s spouse to
end the marriage or to leave the victim can also be held liable for damages under alienation
of affection. The statute of limitations for an alienation of affection claim is 3 years. The
30 clock starts ticking when the tortious act occurred, not when the victim finds out about the
conduct.
For example, Tommy and Gertrude have been married for 15 years. In the last 5 years, the
marriage has grown cold and the two do not talk or spend much time together anymore.
One night, Tommy is out with his friends and meets another woman. Unfortunately for the
35 two, Gertrude finds out about the relationship. She files suit against the other woman for
alienation of affection and is likely to succeed. First of all, even though her marital
relationship had grown cold, Tommy did admit to Kylie that he still loved his wife. Next,
the other woman knew that Tommy was married, yet she told him to get out of a
relationship that he was not happy in. In addition, she went out on dates with him, breaking
40 up the marital love between Tommy and Gertrude. This lost of love would not have
occurred but for the other woman's actions, and it was reasonably foreseeable that this
would occur.
Criminal Conversation in North Carolina
Another civil action that victims of extra-marital affairs may have against the paramours is
45 criminal conversation. For a criminal conversation suit to succeed, the victim must prove
that there was a valid marriage between him/her and the cheating spouse and that the
cheating spouse had sexual intercourse with the paramour. It is no defense that there was an
unhappy marriage or that the victim cheated on the cheating spouse him/herself. It is not
even a defense that the cheating spouse seduced the paramour. In fact, criminal
50 conversation can even be used to prove alienation of affection. It can be used to corroborate
the alienation of affection before the marriage separation. The only defense for criminal
conversation would be that the victim consented to the sexual intercourse between the
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cheating spouse and the paramour, which in that case, would not really be cheating. In
addition, the defendant would have to prove that no sexual intercourse occurred before that
incident.
Free personal injury legal consultations are available.
5 The attorneys and lawyers at Everett Law Firm, P.A. understand the issues
surrounding alienation of affection in North Carolina as well as criminal
conversation. Please feel free to email us or call our Chapel Hill law office,
conveniently located in Chapel Hill, to discuss your alienation of affection case. Our
toll free phone number is (800) 942-8048.
10 END QUOTE
.
QUOTE
http://marriage.about.com/od/legalities/g/alienationdef.htm

Alienation
15 of Affection
By Sheri & Bob
Stritof,
About.com
Guide
20
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About:
 alienation of
affection
25  marriage
laws
 cheating
 infidelity
 glossary

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35 How To
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40 Make Your
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45
Definition:
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An alienation of affection lawsuit is one in which a spouse can sue a third party if his or her
partner leaves the relationship for another person.
To win, an alienation of affection lawsuit needs to prove that:
 Love between the married spouses must have existed.
5  The marital love must have been alienated and destroyed.

 The third party's conduct has to be proved to be malicious interference with the marriage

relationship.

Most states in the United States have abolished this type of lawsuit as it is
10 considered to be archaic and an unacceptable form of revenge.
Historically, the alienation of affection law was based on the belief that a wife was the
property of her husband. Therefore, when a woman was emotionally or sexually involved
with another man, she was considered to have been stolen.
Those who want the alienation of affection laws to remain believe that alienation of
15 affection lawsuits protect traditional marriage.
Also Known As:
 Criminal Conversation

 Heart Balm Torts

 Revenge

20  Spousal Theft

Examples:
As of January 2008, the only states in the United States that allow alienation of affection
lawsuits are: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and
25 Utah.
END QUOTE
.
QUOTE
GENERAL ASSEMBLY OF NORTH CAROLINA
30 SESSION 2009
SESSION LAW 2009-400
HOUSE BILL 1110
*H1110 -v-7*
AN ACT TO CLARIFY PROCEDURES IN CIVIL ACTIONS FOR ALIENATION OF
35 AFFECTION AND CRIMINAL CONVERSATION.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 52 of the General Statutes is amended by adding the
following new section to read:
"§ 52-13. Procedures in causes of action for alienation of affection and criminal
40 conversation.
(a) No act of the defendant shall give rise to a cause of action for alienation of affection
or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically
separate with the intent of either the plaintiff or plaintiff's spouse that the physical
separation
45 remain permanent.
(b) An action for alienation of affection or criminal conversation shall not be
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commenced more than three years from the last act of the defendant giving rise to the cause
of
action.
(c) A person may commence a cause of action for alienation of affection or criminal
5 conversation against a natural person only."
SECTION 2. This act becomes effective October 1, 2009, and applies to actions
arising from acts occurring on or after that date.
In the General Assembly read three times and ratified this the 23 rd day of July, 2009.
s/ Walter H. Dalton
10 President of the Senate
s/ William L. Wainwright
Speaker Pro Tempore of the House of Representatives
s/ Beverly E. Perdue
Governor
15 Approved 2:30 p.m. this 3rd day of August, 2009
END QUOTE
.
The issue of “ALIENATION OF AFFECTION AND CRIMINAL CONVERSATION”
might perhaps soon include homosexual lovers, deserted animals, etc.
20 .
In my view it would be better served if this “ALIENATION OF AFFECTION AND
CRIMINAL CONVERSATION” was in fact part of Family Law Act 1975 where if a person
kills a husband or wife and/or the children then the person’s estate could be an issue to be sued
by those left behind.
25 Below we have some examples of cruelty to the extreme;
.
QUOTE
http://au.news.yahoo.com/a/-/newshome/6851152/australian-charged-with-murder-of-sons/
Australian charged with murder of sons
30 AAP February 25, 2010, 7:30 am
Australian mother Allyson McConnell has been charged with murdering her two young
sons after their bodies were found dead in the bathtub of their Canadian home earlier this
month.
McConnell, 31, from Gosford on the NSW Central Coast, was involved in a bitter custody
35 dispute with her Canadian husband, Curtis McConnell.
Feeling isolated living in the small town of Millet, Alberta, about 40 kilometres south-west
of Edmonton, McConnell threatened to take their sons, 10-month-old Jayden and his 2-
year-old brother Connor, to Australia to live.
The boys were found by their father in the bathtub on February 1.
40 Watch 7News tonight in your state at 6pm
Mr McConnell rushed home to check on his sons after police called to say his wife was in
hospital after apparently attempting to commit suicide by jumping off an overpass in south
Edmonton.
McConnell is being held in an undisclosed medical facility.
45 The Royal Canadian Mounted Police charged her on Tuesday with two counts of second
degree murder.
McConnell met her future husband in 2005 when she was working in Canada, they married
in Australia in 2007 and moved to Canada to live.
However, according to court documents in their child custody battle, McConnell told of her
50 desire to take her sons back to Australia.

1 4-4-2010 Page 153


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She claimed she had "a broad network of support in Australia" and would "be entitled to
significant government financial support should she return to Australia", the Canadian
Press reported.
McConnell is scheduled to appear in Wetaskiwin provincial court on March 16.
5 END QUOTE
.
QUOTE
http://au.news.yahoo.com/a/-/newshome/6830065/mum-found-guilty-of-gassing-her-
children/
10 Mum found guilty of gassing her children
By David Barbeler, AAP February 19, 2010, 10:55 pm
A woman has been found guilty of gassing her children to death in the family car so her ex-
husband couldn't have custody of them on Christmas Day.
The Queensland Supreme Court trial heard the mother, who cannot be identified, started
15 planning her children's deaths in October 2002 after being issued with a Family Court order
stating they would spend Christmas Day with their dad.
One month later, on November 22, the bodies of her eight-year-old son and 10-year-old
daughter were found in the garage of their home at Sandstone Point, near Bribie Island.
A third child - a 16-year-old son - survived.
20 Earlier in the trial, the Brisbane court was told there was no dispute that the 42-year-old
woman killed her two younger children and tried to kill her teenage son.
Her defence team argued issues of mental instability and the woman pleaded not guilty to
two counts of murder and not guilty to the attempted murder of her 16-year-old son.
However the Supreme Court jury on Friday night disagreed, returning a guilty verdict to all
25 three counts.
Justice Philip McMurdo will sentence the woman on Wednesday.
A guilty murder verdict carries with it mandatory life imprisonment.
Earlier in the trial, pathologist Dr Guy Lampe, who performed autopsies on the young boy
and girl, said the children's bodies showed classic signs of carbon monoxide poisoning.
30 Dr Lampe said the skin and organs of the children all displayed "cherry pink
discolouration", and that there were traces of sleeping pills in their system.
He said it could take as little as 20 minutes for a child to die from carbon monoxide
poisoning.
"If gases can't escape easily the level of carbon monoxide increases ultimately to be fatal to
35 those within the space," he said.
END QUOTE
.
The following is a quotation about a man having thrown his child over the railing of a bridge to
her death. Regardless if such an act is random or not what we have is that often a parent chooses
40 to kill one or more children rather then to respect the e right of the child to live. I understand
many parents see the child as that they own the child rather then that the child is their child but
not their property. Hence a better kind of education is needed in regard of this.
.
QUOTE
45 http://au.news.yahoo.com/a/-/newshome/6151200

Man 'threw young daughter over bridge'


By Melissa Iaria, AAP October 7, 2009, 7:20 pm
A man threw his four-year-old daughter to her death from Melbourne's West Gate Bridge
after telling his former wife she would never see her children again, a court has heard.
50 Arthur Phillip Freeman is charged with murdering Darcey Freeman on January 29 this year
as he drove her to what would have been her first day at school.
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Earlier the same day, he told his estranged wife Peta Barnes to say goodbye to her children,
the Melbourne Magistrates Court heard.
"You will never see them again," he allegedly told her on the phone.
Freeman, 36, was driving his three children across the West Gate Bridge when he stopped
5 his four-wheel drive in the emergency lane, lifted Darcey out of the car and threw her from
the bridge, crown prosecutor Gavin Silbert SC said.
She fell 58 metres and later died in hospital.
Mr Silbert said as Freeman drove away, his son Benjamin, then eight, asked him to stop the
car and go back to get Darcey because she could not swim.
10 Witness Barry Nelson said the child appeared to be like a rag doll and there was no
struggle.
"I basically saw the child tipped over the side of the bridge," he said.
"Very clear in my mind in seeing hair and limbs as the child left the hands of the person in
question."
15 Mr Nelson said he called out to Freeman about what he was doing.
But Freeman had a vacant expression and walked casually to his car and rejoined the
traffic, he said.
"He had a completely neutral face as if he was just going about his business every day," he
said.
20 "He appeared like nothing was wrong. That was the overriding impression."
Freeman, an unemployed computer programmer, then allegedly drove to the
Commonwealth Law Courts in the city where he tried to hand over his two-year-old son to
security guards.
The guards gave evidence he appeared distressed and was shaking and sobbing. He did not
25 respond to questions.
Ilana Katz, a psychologist at the Family Court, described him as catatonic.
"He had a very painful look on his face, tears were running down his eyes and saliva was
running from his mouth," she said.
"My initial response was this man needs psychiatric help and he needs it urgently."
30 Freeman was then told by another court worker that everything would be alright, to which
he replied, "No."
He was detained and declared unfit for a police interview.
The court heard Freeman and Ms Barnes had been married for nine years but divorced in
the middle of last year.
35 On the day of Darcey's death, Freeman was driving the children to school in Melbourne
after spending a night at his parents' property at Airey's Inlet near Geelong.
As Freeman left the property, he was seen driving fast and erratically and tailgating other
vehicles.
He phoned a friend in the UK crying and told her "everywhere he turned there were angry
40 women".
Ms Barnes was to meet the children at school and called Freeman to ask where Darcey was.
It was then that Freeman allegedly told her to farewell her children. She called police.
Freeman showed little emotion during his committal hearing.
Both sides of the family attended but his ex-wife was absent.
45 A supporter of the accused scuffled with photographers outside court.
The committal hearing continues on Thursday.
END QUOTE
.
QUOTE
50 http://forum.onlineopinion.com.au/thread.asp?discussion=2968&page=0
Missing Fathers evade Responsibiliy for their children
END QUOTE
.
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QUOTE
I am a male and oppose abortion unless there are extreme special circumstances such as the
mothers live being in jeopardy. When once I was advised that a woman had fallen pregnant
I told her I would see when it was born. Months later I was told she had lost the baby due
5 to an unrelated assault. Only a year thereafter I happen to discover she did give birth, as
while she had lost a baby she had been expecting twins. When I discovered she had a child
I made sure my details were shown on the birth certificate and when the child was one year
old (a girl) I gained custody of her. She is now an adult, married with children. But often
calls me letting me known she thinks very much about the time she was little and how she
10 tried to be to her children as I was to her.
.
If you do not want to have children then keep your leg closed or use preventive materials
but do not play with the lives of unborn children!
.
15 Once a young woman (19) used to have a key to my residence and look after it while I was
away also. SHE THEN ANNOUNCED SHE WAS PREGANT AND ASKED ME WHAT
TO DO. I GAVE HER MY VIEWS AND SHE DECIDED TO KEEP THE BABY. Living
in a small town at the time I copped it time and again from the residents how scandalous it
was I had gotten the girl pregnant where I was more then twice her age. The girl asked me
20 if she didn’t do better to get an abortion as she didn’t like people having a go at me but I
assured her I could handle it and it was none of their business as to who the father was of
the child. As I never had sexual intercourse with the girl, not even kissed her, we both
knew it was not my child but to shield her I ignored to explain this to the town folks as I
held it was not their business.
25 .
I do therefore know it can be very hard on an girl to be pregnant and not being married but
as one of my daughters now make clear when she was faced with a pregnancy and called
upon me what to do I explained my position and years later she thanked me for having been
there to advise her and she choose to have the baby.
30 .
I take the position that when a child is conceived it is not just the mother but also the
biological fathers right to be involved and any woman who disregard the biological fathers
rights ignored the rights of the child by this also.
.
35 The issue is not if your boyfriend agrees with an abortion as even if he were to do so
(consider child support) you still have that basically you are murdering the unborn child. If
your mother had done the same with you then you would never have lived now!
.
In particular where this is not the first time it seems to me your morals are now so low that
40 you do not even realise the concept of life and how precious it is. Many women are trying
everything to conceived a child. At least if you do not want a child then allow adoption by
others.
.
I do not practice religion and so it has nothing to do with religious beliefs but simply to do
45 with that if you engage in sexual intercourse in a way that you fall pregnant then accept the
consequences!
.
Lets try an example;
A person driving a vehicle mounts the kerb and hit you causing you to be cripple and the
50 driver then makes clear it was not his/her intention to injure you. It that meaning you will
accept that as a reasonable excuse and let it by this or you will demand the authorities
charge the person and you sue for damages? Well, the unborn child isn’t just going to get
crippled but in some cases being torn apart while taken out the body of the mother!
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.
As like the driver of a motor vehicle you are in charge when you are driving yourself in a
sexual encounter. If you fail to act responsible then you must face the consequences!
.
5 For the record, once I was called to the hospital because one of my daughters was given
less then 24 hours to live because she had suffered complications with an abortion. I
attended and she claimed she had the abortion because her boyfriend had told her that in his
religion they were not to have a child before marriage. I explained to my daughter she was
a fool and there is no such thing as no child before marriage rather no sex before marriage.
10 I explained that more then likely 6 months later she wouldn’t even care about him. More
then a decade later, and now being married, she is unable to conceive. She did make it
through the time, and she recons that when I lectured her in the hospital it actually got her
through as she found a new lease on life, but she regrets having had the abortion!
.
15 You may find that you may go for an abortion and if something goes wrong, as it did with
my daughter then no longer will you need to have abortions and you can be a sexpot as
much as you like because you have caused it upon yourself to remain childless. Then the
horrible consequences will filter through.
.
20 I would urge you to consider the above and make a very wise decision!
END QUOTE
.
Each time a child is murdered we as a society have failed!
.
25 We must not seek to embrace relationships that are not marriages as if they are because so to say
this can land us in a lot of hot water. We must defy the abuse and misuse of the institution of
marriage by de facto relationships as they are not a marriage.
The Family Court of Australia is not a court that can constitutionally, that is, deal with property
settlements of people not being married as clearly it is not relevant if States did or didn’t
30 purportedly transfer legislative powers to the Commonwealth of Australia because in the end if it
was never approved by electors then it is without legal force.
We must make the Family Law Act 1975 to be more “user friendly” for children and not merely
have judges stating “This is for the interest and wellbeing of the child” while in fact doing the
complete opposite.
35 With welfare it is my view they too often are interfering where they shouldn’t and disregarding
to attend appropriately to cases where they should because it appears to me workers simply do
not understand what their real role is and so they abuse and misuse their position and then
obviously those in need are missing out to be provided with the relevant assistance.
.
40 The lack of proper co-ordination and responsibilities and accountability for welfare agencies
such as the Department of Human Services means that they easily claim to be overworked rather
then to admit they are mismanaging matters for so long.
.
This document cannot possible set out all relevant issues but in my view goes a long way to
45 explain that everyone should keep their hands of the “institution of marriage” and it is not to be
defiled for the sake of those who rejected this institution of marriage!
.
Again:
The Commonwealth of Australia Constitution Act 1900 (UK) (the constitution)
50 QUOTE
(xxi) marriage;
(xxii) divorce and matrimonial causes; and in relation thereto,
parental rights, and the custody and guardianship of infants;
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END QUOTE
.
HANSARD 22-9-1897 Constitution Convention Debates (Official Record of the Debates of
the National Australasian Convention)
5 QUOTE The Hon. C.H. GRANT (Tasmania)[3.33]:
Since the law only recognises marriages as civil contracts or partnerships, it would
seem intolerable that when the partners can prove the impossibility of their
maintaining friendly relations, they should be compelled by law to make a semblance
of doing so, and both lives be in effect wasted.
10 END QUOTE
.
As a “marriage” is a binding civil contract then children born within the marriage must be
deemed to be partners within the civil contract and have equal interest in the civil contract as
either or both parents.
15 .
It means that any child born in a marriage has contractual rights and any parent who fails to
conduct his/her obligations can be and should be held accountable. If any child support is paid
that the custodian parent must be held accountable that it is used for the benefit of the child and
not be used for gambling, etc.
20 .
Too often monies paid by one parent may never be used for the benefit of the child because the
custodian parent misuses the monies. Also, with property settlement then any child should have a
right to the property and it to be held in trust for that child.
.
25 There have been cases where a mother gained a large child of the property settlement because of
the children and only then subsequently abandon the children as her real interest was to use the
children for financial benefits.
This kind of conduct can be stopped because say the Court holds that both parents are entitled to
an equal share and the children (say 2 children) are in the wife’s care and as such there is a
30 smaller share going to the husband then I view the property should be divided between 4 equal
parts and the children have 25% each in their own name which cannot be touched by their
custodian parent unless a court orders otherwise. I have known a case where the non-custodian
parent signed over his rights to his three children and the former wife then sold the property and
signed over a property (she purchased with the money) to her second husband and upon her dead
35 not long afterwards due to cancer the children had nothing and the second husband had the lot!
This kind of problem could be avoided by having a property settlement that ensures each child is
granted a share in his/her own right.
.
Obviously, with the “kid” where the goat died after the “kid” was 4 months old then we better
40 have legislation in place that non humans are not recognised as a child of the marriage.
.
To my understanding there are ample of people who leave a bequest in their last will and
testimony for animals and that is a different matter but to consider animals as a child of the
marriage is taking it too far, in my view.
45 .
I am well aware that my wife at 77-years of age likes her children but they are animals. For
example for years we have what appears to be husband & wife team of magpies coming every
day for food and my wife feeds them several times a day and even when their young also come
around. It would however be ridiculous that no matter how precious those birds may be to regard
50 them as “children of the marriage”. We do need to make sure that there is a distinction between
the human race and animals. Meaning also that to delete “husband” and “wife” terminology is
inviting problems that in due course will be discovered too late to correct it all.
.
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In my view the Commonwealth of Australia has no constitutional legislative powers to deal with
guardianship/custody issues regarding children not those being of a marriage between one man
and one woman.
.
5 In my view the Commonwealth of Australia has no legislative powers to deal with any property
settlement but only those who are in the process of a of a divorce of a lawful marriage, and while
I can understand the commonwealth may desire to provide for property settlement prior to a
divorce nevertheless the issue remains that property settlement, guardianship and access all can
only be attended up upon the filing of a an application for dissolution of marriage and not before
10 it and if there can be no dissolution of marriage because there never existed a formal marriage
then the Commonwealth cannot allow the Family Court of Australia to deal with such kinds of
non-marriage relationships, regardless the States purportedly having referred legislative powers
to the Commonwealth because no State can refer legislative powers without approval by way of
a State referendum!
15 .
At conclusion of a 5-year epic legal battle in which I also challenged the validity of the
purported Victorian Constitution Act 1975 as it was not a constitutional amendment that
was approved by the State electors by way of State referendum as is and was required and
also with the NSW constitution having been amended since 1901 also without a State
20 referendum approval and Queensland for example also without the required State
referendum purportedly having abolished its Upper House, etc, then really the question of
validity of State governments first is an issue to be addressed before any purported
reference of legislative powers can be considered valid in law.
.
25 The States ALLEGEDLY provided the following legislative powers;

 Commonwealth Powers (De Facto Relationship) Act 2003 (NSW)


 Commonwealth Powers (De Facto Relationship) Act 2003 (Qld)
 Commonwealth Powers (De Facto Relationship) Act 2004 (Vic), and
30  Commonwealth Powers (De Facto Relationship) Act 2006 (Tas)
.
As the Framers made clear (and referred to above also) the Commonwealth of Australia cannot
use Consolidated Revenue funds for dealing with matters that are referred to it within s.51(xxvii)
of the constitution but must place a levy against the relevant State/States, to cover the
35 administration cost. I am not aware that the Commonwealth of Australia has such system in place
and I for one do not accept this to be constitutionally valid for the Commonwealth of Australia to
use ordinary taxpayers monies for this!
.
Hansard 1-3-1898 Constitution Convention Debates
40 QUOTE
Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other
power?
Mr. GORDON.-There will be more than one sentry. In the case of a federal
law, every member of a state Parliament will be a sentry, and, every constituent
45 of a state Parliament will be a sentry. As regards a law passed by a state, every
man in the Federal Parliament will be a sentry, and the whole constituency
behind the Federal Parliament will be a sentry.
END QUOTE
.
50 Let me quote Kirby J of the High Court of Australia;
Thu, 31 Oct 2002
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QUOTE
Dear Mr Schorel-Hlavka
Thank you for your letter.
There is no bias, any more than there would be for a woman judge sitting in a case
5 involving women or a male judge in a rape case.
Your views on the Constitution appear to have overlooked s 51(xxxvii) of the
Constitution. If that power were not enough, and none of the other heads of power
sufficed, it is true that an amendment of the Constitution might be required.
Alternatively, there are cooperative schemes for parallel legislation. Ours is a
10 cooperative federation, as the Constitution itself envisaged.
Sincerely, Michael Kirby
END QUOTE
.
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of
15 the National Australasian Convention)
QUOTE Mr. DEAKIN.-
. In this Constitution, although much is written much remains unwritten,
END QUOTE
.
20 As a CONSTITUTIONALIST I have extensively researched the true intentions of the Framers
of the Constitution as to the unwritten part. The Framers of the Constitution were concerned that
the Constitution would be manipulated by lawyers far too much if more wording were to be used
and as such sought to narrow the usage of wording and by this force lawyers to take head of what
they debated as being the intention of the Framers of the Constitution! When after more then 100
25 years of Federation the judges of the High Court of Australia are still divided amongst the 7 of
them as to what the Constitution actually stands for then this in itself should be alarming.
.
Hansard 7-3-1898 Constitution Convention Debates
QUOTE The Hon. J.H. HOWE:
30 The sub-section would not interfere with the right of any state to act in the meantime
until the Federal Parliament took the matter in hand..
END QUOTE
.
Hansard 22-9-1897 Constitution Convention Debates
35 QUOTE The Hon. R.E. O'CONNOR (New South Wales)[3.18]:
The moment the commonwealth exercises the power, the states must retire from that
field of legislation.
END QUOTE
.
40 Commonwealth of Australia Constitution Act 1900 (UK);
QUOTE
(xxxvii) matters referred to the Parliament of the Commonwealth by the Parliament or
Parliaments of any State or States, but so that the law shall extend only to States by whose
Parliaments the matter is referred, or which afterwards adopt the law;
45 END QUOTE
.
QUOTE
(xxxix) matters incidental to the execution of any power vested by this Constitution in the
Parliament or in either House thereof, or in the Government of the Commonwealth, or in
50 the Federal Judicature, or in any department or officer of the Commonwealth.
END QUOTE
.

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As such, if De Facto relationships were incidental to marriages then the Commonwealth didn’t
need any reference of legislative powers.
.
The Macquarie Easy Guide to AUSTRALIAN LAW, by Jan Bowen, THE MACQUARIE
5 LIBRARY. First published 1987 Reprinted 1988, ISBN 0 949757 37 3.
QUOTE (page 40)
THE UNMARRIED COUPLE
Nowadays, couples frequently live together without getting married. At one time, couples
who did this were not only frowned on by society but they had virtually no legal rights
10 against each other. The community is gradually coming to the view that people’s needs are
the same whether or not specific rights and responsibilities are conferred by a formal
marriage contract.
Laws in the different states vary a great deal in this area. In general however, except in
New South Wales, a de facto spouse has fewer legal rights than a married spouse.
15 The main reasons where a de facto spouse may be disadvantaged if the relationship breaks
down are:
 maintenance
 rights to the family home – both as an asset and as to the right to stay in it.
The only status thus far which has radically altered the law is New South Wales where, if a
20 couple have a child or if they have lived together for two years, a de facto spouse has
similar rights to a married spouse.
END QUOTE
Therefore it must be clear that De Facto relationships were in essence perceived as a De Facto
marriage.
25 .
The constitutional issue is obvious that the MARRIAGE powers was granted to the
Commonwealth from time of Federation, albeit that the Framers of the Constitution referred to
matrimonial matters. Nevertheless this must make it clear that for constitutional purposes the
States, since federation, could not legislate as to marriages and as such neither as to purported
30 marriages or relationships as if they were marriages. As must be clear that various States
commenced to legislate as to give De Facto relationships (heterosexual or otherwise) the same or
simular rights as heterosexual married couples and clearly the intention was therefore to pursue
marriage like conditions for those not married and likewise the benefits associated with that.
If the Commonwealth accepts that despite its exclusive legislative powers as to marriages the
35 States never the less can legislate as to de facto relationships to be the equivalent of marriages,
then there are numerous dangers to this. Any State could then commence to legislate that a
human-animal relationship is to be deemed as like a marriage and as such peat time of death the
animal can inherit all and any property. A marriage of a human-animal may flow from this.
.
40 States could commence to legislate as to de facto corporations to have the same rights as
corporations. After all, if it is accepted by the Commonwealth that the States can undermine the
exclusive powers of the Commonwealth (as it becomes exclusive once the Commonwealth
commences to legislate upon a subject) in marriages, De facto divorces, custody/guardianship
then the States could easily undermine the Commonwealths power in all kinds of field.
45 In my view one must be a complete idiot not to understand that it is utter and sheer nonsense to
accept that the States have any kind of legislative powers of those powers that have been
exercised by legislation by the Commonwealth of Australia already within the powers provided
for the Commonwealth to legislate.
.
50 Hansard 11-3-1898 Constitution Convention Debates
QUOTE

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The CHAIRMAN.-I do not think I can rule this proposed amendment out of order.
Every clause, or nearly every clause, in a Bill in some way qualifies the preceding
clauses. They extend the operation of those clauses, and, in some instances they limit
the operation of the clauses. This is not a distinct negative, and I think it would be unduly
5 curtailing the power of the committee to arrive at such a conclusion as they may think fit if
I ruled this out of order.
END QUOTE
.
Hansard 17-3-1898 Constitution Convention Debates
10 QUOTE Sir EDWARD BRADDON.-
When we consider how vast the importance is that every word of the Constitution
should be correct, that every clause should fit into every other clause; when we
consider the great amount of time, trouble, and expense it would take to make any
alteration, and that, if we have not made our intentions clear, we shall undoubtedly
15 have laid the foundation of lawsuits of a most extensive nature, which will harass the
people of United Australia and create dissatisfaction with our work, it must be evident
that too much care has not been exercised.
END QUOTE
.
20 The intentions of the Framers of the Constitution was very clear that the marriage powers was as
to people getting married between a man and a woman and the custody/guardianship was in
relation to divorces.
.
QUOTE
25 Mr Michael Kirby 28-10-2002
High Court of Australia
Sydney
NSW 2000
Faxed to: 02-6273 3025
30 AND TO WHOM IT MAY CONCERN

Re: Would it be possible to have gay matters dealt with in the Family Court of Australia?

Sir,
35 I noted a report about your comments seeking the Family court of Australia to deal with
Gay people.
I have just published a book on CD;

(Politics & Legal issues);


40
INSPECTOR-RIKATI® and the BANANA REPUBLIC AUSTRALIA,
Dictatorship & deaths by stealth. Preliminary book issue on CD.

To me, whether a person takes the position to be gay or lesbian, etc, is their own personal affair.
45 However, it is a different matter where a judge of the High Court of Australia appears to be bias
in matters.
QUOTE
In my book on CD, I have in fact set out how the term “and matrimonial causes” was sneaked in
at the Convention without any proper discussion by the Convention. It appears that the “draft
50 committee’ rather then the convention inserted this, where previously the convention rejected the
attempt by Barton (later first Prime Minister of Australia and there after High Court judge) for

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the Commonwealth to have legislative powers for “Parental rights, custody and guardianship”,
and so the wording “and in relation thereto” added.
END QUOTE
And
5 QUOTE
In 1994, I then contested the validity of the Cross Vesting Act, but found time and time again
being ignored. Yet, in 1997 in the Wakim case then it was held unconstitutional!

I may not be a lawyer, neither had any formal legal training, had no formal education in the
10 English language and neither was English my native language, but surely I can read!
END QUOTE
And
QUOTE
As such, you would be wasting your time to argue for the States to do so, you need to argue to
15 the people, as they must approve of it by way of referendum in that State.

It is of great concern to me that as a High Court judge, so I perceived it, is seeking to mislead the
public as to their rights.

20 The High Court of Australia made known in Sue v Hill, that the Australian Act was valid. Well,
my book makes clear it is and remains ULTRA VIRES! The States simply had no legal position
to make any agreement with the Commonwealth and Section 51(xxxvii) was simply not a way
that could be used for this! Indeed, the framers made clear (as set out in my book) the
Constitution would never permit for the commonwealth in anyway at all to interfere with the
25 prerogative rights of the Crown! Yes, they already then suspected that in time sone one would
seek to attempt to do so!

The same with the Australian Citizenship Act 1948, it is and remains UNCONSTITUTIONAL
for so far it seems to provide “citizenship”. Again, my book set it all out.
30 END QUOTE
And
QUOTE
My issue isn’t if a person is gay, lesbian, or else, my issue is purely, what I view, was the
intentions of the framers of the Constitution. As such, unless there is a referendum (Section 128)
35 as to broaden the Constitutional powers of the Commonwealth, you simply have to accept that
the Commonwealth has no legislative powers and the States neither can provide for this unless
each State contemplating to give such powers within Section 51(xxxvii) first obtains the consent
of its electorate!

40 As a judge of the High Court of Australia, at least from what I understand, you seem not to have
appropriately detailed the legal issues that are relevant for the Commonwealth to be given such
legislative powers. Shame, that this very legal issue then was ignored.

My view is that if the people of a State by way of referendum, in that State, approves of any
45 legislation of that State Government to provide for any concurrent legislative powers to the
Commonwealth, then that is their decision, but at least, do accept that it is done and must be done
appropriately.

What my position will be upon such referendum, is not relevant now, however, I view that you
50 do more harm then good (to others being it de facto, gay and or lesbian) if you are now using an
International Congress on Families meeting, to pursue something in an improper legal manner.

If you have any further queries or need assistance then please do not hesitate to contact me!
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END QUOTE
.
Again;
Thu, 31 Oct 2002
5 QUOTE
Dear Mr Schorel-Hlavka
Thank you for your letter.
There is no bias, any more than there would be for a woman judge sitting in a case
involving women or a male judge in a rape case.
10 Your views on the Constitution appear to have overlooked s 51(xxxvii) of the
Constitution. If that power were not enough, and none of the other heads of power
sufficed, it is true that an amendment of the Constitution might be required.
Alternatively, there are cooperative schemes for parallel legislation. Ours is a
cooperative federation, as the Constitution itself envisaged.
15 Sincerely, Michael Kirby
END QUOTE
.
It should be clear that De Facto relationships are pursued to be like marriages and therefore are
beyond the powers of the States. As such, the States not having this legislative powers obviously
20 cannot refer then to the Commonwealth within Subsection 51(xxxvii) legislative powers they
didn’t have in the first place.
.
HANSARD 10-03-1891 Constitution Convention Debates
QUOTE
25 Dr. COCKBURN: All our experience hitherto has been under the condition of
parliamentary sovereignty. Parliament has been the supreme body. But when we
embark on federation we throw parliamentary sovereignty overboard. Parliament is
no longer supreme. Our parliaments at present are not only legislative, but
constituent bodies. They have not only the power of legislation, but the power of
30 amending their constitutions. That must disappear at once on the abolition of
parliamentary sovereignty. No parliament under a federation can be a constituent
body; it will cease to have the power of changing its constitution at its own will. Again,
instead of parliament being supreme, the parliaments of a federation are coordinate
bodies-the main power is split up, instead of being vested in one body. More than all
35 that, there is this difference: When parliamentary sovereignty is dispensed with,
instead of there being a high court of parliament, you bring into existence a powerful
judiciary which towers above all powers, legislative and executive, and which is the
sole arbiter and interpreter of the constitution.
QUOTE
40 .
It means that since Federation the States could no longer amend their own constitutionals as they
were no longer sovereign parliaments but became constitutional Parliaments and for this required
to pursue amendments to their State constitutions by State referendums. As such, each time a
State seeks to refer legislative powers to the Commonwealth then this would mean an
45 amendment to the State constitution as the legislative powers, once referred to the
Commonwealth, no longer can be retrieved by the State and in fact by this reduced the
Constitutional powers of such a State and so affect the constitutional powers otherwise provided.
Therefore, even for argument sake, not that I seek to indicate it is valid, the states could have
legislated as to De Facto relationships then still without State constitution amendment it cannot
50 be referred to the Commonwealth and for this implied amendment of the State constitution a
State referendum to seek the State electors approval is required. Further, any such reference of
legislative powers must also be providing for associate cost against any State that referred its

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legislative powers as it cannot be funded from the ordinary Appropriation Bills, as the Framers of
the Constitution made clear.
.
HANSARD 17-3-1898 Constitution Convention Debates
5 QUOTE
Mr. BARTON.- Having provided in that way for a free Constitution, we have
provided for an Executive which is charged with the duty of maintaining the
provisions of that Constitution; and, therefore, it can only act as the agents of the
people.
10 END QUOTE
.
Therefore, elected Members of Parliament, being it State and/or Federal cannot upon their own
wimps undermine the constitutional arrangements put in place by the People as to do so they
would act without legal authority as they can only act “as the agents of the people”.
15 .
Hansard 8-3-1898 Constitution Convention Debates
QUOTE
Sir JOHN DOWNER.-Now it is coming out. The Constitution is made for the people
and the states on terms that are just to both.
20 END QUOTE
And
QUOTE Mr. OCONNOR (New South Wales).-
The protection of this Constitution is given, not for the Senate for the time being, but for
the people of the states whom the Senate represents.
25 END QUOTE
And
QUOTE
Mr. CARRUTHERS (New South Wales).-It is worth while considering the stages that a
proposed law has to go through, and the opportunity afforded to a member of either House
30 or a member of the Executive to call attention to any infraction or infringement of the
Constitution. It does not require a majority of the members of the House of Representatives
to insist that the Constitution shall be obeyed in the matter of procedure; it only requires
one solitary member to rise to a point of order, and the Speaker has to give a legal
interpretation of the rules of procedure. It only requires one member of the Senate to call
35 the attention of the President to the fact that a Bill is introduced contrary to the
Constitution for that proposed law to be ruled out of order. It does not require a
majority of the states to insist that the Constitution shall be obeyed, because a
majority of the states cannot by resolution infringe the Constitution. Neither House
could pass the standing order which would give the majority power to dissent from the
40 Speaker's or President's ruling. The standing orders only confer certain explicit power.
They give no power to either House to pass an order which would enable its members to
amend the Constitution.
END QUOTE
.
45 Again
QUOTE Mr. CARRUTHERS (New South Wales).-
It does not require a majority of the states to insist that the Constitution shall be
obeyed, because a majority of the states cannot by resolution infringe the
Constitution.
50 END QUOTE
.
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Hansard 18-3-1891 Constitution Convention Debates
QUOTE
Sir GEORGE GREY: I beg to propose that the following resolution stand as resolution
No. 5:-

5 The inhabitants of each of the states of federated Australasia ought to be allowed to


choose, and if they see fit from time to time to vary, the form of state government under
which they desire to live. Provision should therefore be made in the federal constitution
which will [start page 478] enable the people of each state to adopt by the vote of the
majority of voters, their own form of state constitution.
10 Question proposed.

Sir HENRY PARKES: I wish to raise a point of order upon this resolution, and I do
it with the utmost respect to the distinguished gentleman who has moved it. My point
of order is that the resolution goes beyond our instructions. We have been sent here
for one object and one object only, and that is, to prepare a scheme for the framing of
15 a federal constitution. Anything outside of these prescribed words cannot be dealt
with under the commission in virtue of which we have come here.
END QUOTE
And
QUOTE
20 Dr. COCKBURN: I think we have nothing whatever to do with deciding the details
of the state constitutions. On the other hand, I think it appertains to the functions of this
Convention to decide that the power of framing a constitution shall be in the hands of the
several states. At present the legislatures of the various colonies can only be altered
with the consent of the Imperial Government. Is it intended that that shall remain? When
25 we have a federated Australasia, in which we have state legislatures and a federal
legislature, is it intended that the state legislatures shall have the power of altering their
constitutions at will or not? From that point of view I think the proposition put forward by
the hon. member, Sir George Grey, is decidedly within the powers of the Convention, the
power to lay down a general rule, without touching the details of any individual
30 constitution, that the various states should have the power of framing their own
constitutions according to the will of the majority of the people of those states.
END QUOTE
.
Clearly it is not the will of the politicians but the will of the People that is relevant and only if
35 they approve by way of State referendum can any reference of legislative powers, which by this
amend the State constitution as it withdraws that legislatives powers from the State, can any
reference of legislative power be deemed validly referred within Subsection 51(xxvii). The State
constitutions are subject to the provisions of the Commonwealth of Australia Constitution Act
1900 (UK) and as such it doesn’t matter if politicians are, so to say, trying to cook the books as
40 to try to shuffle legislative powers from States to the Commonwealth as each time this is
attempted it implies a amendment of the States Constitution as less legislative powers then is left
in residue and as such the State electors must first veto or approve this in a State referendum.
.
While this correspondence is not intended and neither must be perceived to address all
45 relevant issues, it must be clear that the States never had in the first place any legislative powers
as any de facto situation would infringe upon the now exclusive legislative powers already
existing for the Commonwealth and even if one were to argue that the States had nevertheless
such legislative powers and likewise can provide for De Facto legislation in all other

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Commonwealth exclusive legislative powers subjects then still it would require at the very least a
State referendum to approve such reference of legislative powers.
.
In my view the Commonwealth has entered upon, so to say, a slippery slope as by its appetite of
5 ever wanting to increase its centralised powers it might just have been foolish enough to have
created a more harmful condition. This, as the States could start to undermine any other
exclusive Commonwealth legislative powers in the same manner and then the Commonwealth
can, so to say, scream blue murder but by its own conduct in regard of the De Facto relationships
(being it heterosexual or otherwise) that are perceived as De Facto marriages it has set the
10 conditions for the States to take back some of the Commonwealth exclusive powers.
The Commonwealth cannot have it both ways, to claim exclusive powers once it commenced to
legislate and then on the other hand accept not to have exclusive legislative powers. More over, if
the Commonwealth accepts that De Facto situations are not in fringing upon Commonwealth
constitutional exclusive legislative powers then it also means that every citizen in the
15 Commonwealth of Australia can circumvent commonwealth legislation by creating De Facto
conditions.
Just be careful what you are asking for!
.
EITHER WE HAVE A CONSTITUTION OR WE DON’T!
20 .
Basically, on the basis of the system of De Facto relationships-like marriages, I can commence
any De Facto corporation without needing to have it registered with the Commonwealth neither
be bound by any Commonwealth legislative provisions because again, the De Facto status is
recognised by the Commonwealth to be outside its ordinary legislative powers.
25 There are ample of people who are wanting or already creating their own De Facto statehood and
again the Commonwealth cannot act against them where they are De Facto States because the
Commonwealth has clearly recognised that any De Facto subject is not within its legislative
powers.
Fool you if you are willing to accept this kind of nonsense, and I have only just started about it!
30 .
For long, and so in my published books in the INSPECTOR-RIKATI® series, as well as in past
correspondences to you I have time and again raised the issue to have an OFFICE OF THE
GUARDIAN, a constitutional council, that advises the Government, the People, the Parliament
and the Courts, as to constitutional powers and limitations.
35 .
http://www.toowoombapressreleases.com/?id=123132
ECUSA: A History of Sexual Abuse by Clergy, Date 2004/3/24 17:41:00 | Topic: News
A HISTORY OF SEXUAL ABUSE BY EPISCOPAL CLERGY
QUOTE
40 In 2002,allegations surface AUS Governor-General and former Brisbane Anglican
archbishop Peter HOLLINGWORTH authorised secret cash settlements to hush up
evidence of sexual abuse against Lynch. (Queensland, Australia,1997).
END QUOTE
.
45 http://www.toowoombapressreleases.com/?id=123132
ECUSA: A History of Sexual Abuse by Clergy, Date 2004/3/24 17:41:00 | Topic: News
A HISTORY OF SEXUAL ABUSE BY EPISCOPAL CLERGY
QUOTE
In a precedent-setting decision, the Anglican church made a secret out-of-court
50 settlement of damages to an altar boy molested by a parish priest 4 years ago. REV.
CHARLES GRIGGS, 61, former rector of St. Bede's, near Winnipeg, pleaded guilty in
1986 to charges of molesting a 13 year old. He received a 2 year suspended sentence and
was ordered to receive counseling. Anglican officials offered wide and glowing support for
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Griggs after his confession. An uproar resulted when Archbishop Walter Jones allowed
Griggs to continue as rector following his conviction, saying Griggs' confession of sin was
sufficient repentance. Jones removed him from his post a month later.
END QUOTE
5 .
While religious entities are registered as NON PROFIT (NOT-FOR-PROFIT) organisations
and by this have tax exemptions I view that to pay off victims so they cannot report matters of
criminal conduct is not for the PUBLIC BENEFIT and as such any religious body or for that
any kind of organisation that gets involved in such kind of pay off to seek to avoid a victim to
10 report matters then should immediately have any rights as tax exemptions, etc, to be suspended
so its entire NON PROFIT (NOT-FOR-PROFIT) registration.
.
It cannot be claimed that sexual abuse is associated with androgynous (hermaphrodite)
relationships or by abstinireligious doctrine that nuns and priest should abstain from sexual
15 relationships as it is clear that those who are Ministers/Priest, etc, and are married also do engage
in sexual abuse on a large scale. However, seeking to avoid sexual abuse in the first place to take
place must the issue to be addressed.
.
Area’s where not just children but also adults can be subjected to abuse very much needs to be
20 modified to conditions that sexual abuse is unlikely able to take place.
.
One can never create a 100% safe environment but surely where it comes to medical offices
having a female assistance present when a male doctor attends to a female patient or to a child
might be a start.
25 .
For religious buildings having CCTV (camera’s) covering all area’s of a building should be
mandatory. Likewise so also in kindergartens and other child care centres.
.
It is wrong to hold that because an adult touches a child’s sexual organs then this implies sexual
30 abuse because a parent/carer might do so innocently when washing a child. However the
difficulty is that what might be innocently as a conduct could be constituting sexual abuse where
the framer of mind of the adult is for sexual gratification. What is needed is to educate people
better as to the penalties involved. Since 1982 I have conducted a special lifeline service under
the motto MAY JUSTICE ALWAYS PREVAIL® and one case was where a father had
35 absolutely no issue with saying he went to his daughters bed in the middle of the night and
started to touch her on her private parts and he held that he was entitled to do so because it was
his daughter. His sister, a social worker, was unable to get him to understand that it was
inappropriate. As he wanted to gain custody of the daughter, as the wife and child had moved out
as result of the incident, he sought my assistance. Over a period of month I never told him off for
40 having done what he did well aware that it would get me no where, rather I would constantly
indicate he had rights and indeed legal rights and I would assist him in preparing his case.
Finally, after many months the day came to loge the application when he suddenly announced to
me he wasn’t going to file the application as he realised that what he had done was wrong. He
explained that I always was referring to his rights and also to his daughters rights and he could
45 not demand his rights without acknowledging his daughters rights and now he realised that what
he had done was a denial of his daughter’s rights and as such by it he had squandered his rights.
The good thing from it was that not a court but the man himself found he had acted wrong as
then and only then can there be a progress to recovery. A person who fails to acknowledge he/she
had acted wrongly cannot then be deemed to be on the road of recovery as possibly never do the
50 same again.
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Religious entities that uses moneys to hush up inappropriate conduct will never learn and
the abuses will continue.
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.
NON PROFIT (NOT-FOR-PROFIT) entities never should be permitted to use moneys to
cover up crimes!
.
5 With homosexuals one doesn’t need to look necessarily at child abuse as being sexual abuse but
can exist with a child being denied to grow up as like any other child having a father and a
mother. Lesbians may be against males and bring that over onto a child and homosexuals may
likewise do this to be against women and causes a child to grow up with this kind of conduct.
The same when we have the reported bestiality where then a child could be growing up with the
10 perception this kind of conduct is acceptable.
.
What appears a common conduct among sexual abuse cases is that those who are the perpetrators
are dealing with mainly children who they seek to silence and seem to ignore that those children
one day will be adults and then can reveal it all. It therefore appears to be that the perpetrators are
15 more of the kind not wanting to have found out they are doing something wrong without
considering the ling term consequences that one day they will be found out. Some perpetrators,
when sentenced, then realise the real consequences of their ongoing conduct has landed them and
this clearly is a bit late as the consequences should be more realistic before abuse eventuate. The
fact that some religious leader may have lived an exemplary life isn’t an excuse not to inflict a
20 serious sentence upon an offender, but it would be far better if all area’s where children are likely
vulnerable to being subjected to sexual abuse have warning signs in prominent places warning
that sexual abuse can result to serious consequences including life time imprisonment.
While sentences might be a deterrent to others, who are aware of the sentence, many others
may not even be aware of the sentence and so it is meaningless to them. Hence a better
25 education program is needed to protect vulnerable children.
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Obviously politicians all alike must reject any religious overtones and reject any input of
religions into the electoral environment as to gain a special position being it by donating monies
that were to be for PUBLIC PURPOSES for the religious body itself or otherwise.
30 As such, politicians should never accept monies of any organisation that is a NON PROFIT
(NOT-FOR-PROFIT) registered entity as to avoid a conflict of interest.
.
Politicians should ensure that any kind of marriage conducted overseas in whatever legal
environment that may exist in another country will not dominate australian law and that for all
35 purposes and intend a marriage is between a man and a woman (not even a female and a male)
because the reference to man and woman indicates adulthood and not then includes a 1 year old
child. In my view the Commonwealth of Australia therefore must stand firm and prohibit any
person who is a resident of Australia to engage in any matrimonial conduct that is not in
accordance of Australian law. This then means that any Australian travelling overseas to
40 marry some small child, under foreign law, will automatically under Australian law be
deemed a paedophile.
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This document is not intended and neither must be perceived to address all relevant issues!
.

45 MAY JUSTICE ALWAYS PREVAIL®


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Our name is our motto!
.

Awaiting your response, G. H. Schorel-Hlavka


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