7 Tests for Making a New Law on “Same Sex Marriage” (SSM)

Introducing a Legal Basis to the Gay Marriage Debate


Introducing 7 Standards to the Marriage Debate

No politician or media pundit in Australia has applied objective, legal standards to the “same sex marriage” debate. The soundbites on TV are not enough to inform the public about the seriousness of this proposed change. Sir William Blackstone’s “Commentaries on the Laws of England in 4 Volumes” (published 1765-1769) have long been regarded as the definitive work on English common law, which constitutes the basis for Law in America, Australia, Canada, India, New Zealand, Singapore and South Africa. To prevent any power-seeking group’s opinion from becoming law, Blackstone recorded guidelines for deciding if a custom should become law. Let’s apply these standards of law to the genderless or gay marriage debate.

I will be quoting these 7 tests from Arthur Hogue’s book “Origins of the Common Law” and Richard Maybury’s book “What Ever Happened to Justice?” (both good readings).


7 tests to determine whether a custom should be protected by the force of law. Good custom is:

  1. Ancient. Marriage between man and woman dates back to 5000 years of civilization. Genderless marriage was recognized for the first time in human history in 2001 by the government of the Netherlands, followed in 2003 by politicians in Belgium.
    • The single most influential book in the world claims marriage between man and woman was instituted by God Himself. “Therefore a man shall leave his father and mother and be joined to his wife, and they shall become one flesh.” (Genesis 2:24 NKJ).
    • The single most influential human, Jesus Christ, agreed, “But from the beginning of the creation, God ‘made them male and female.’ ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’; so then they are no longer two, but one flesh.” (Mark 10:6-8 NKJ).
  2. Continuous.
    • It may be claimed that homosexuality has been practiced in Greece, Pompeii, Sodom and Gomorrah since ancient times. However, this second test applies, the custom must be “continuous” or the rights claimed under it must have never been interrupted or abandoned.
    • Explicit sexual license appeared at the end of civilizations (like Pompeii and Sodom), but such radical sexual ‘freedom’ was quickly abandoned in favor of the more stable custom of biological family.
    • Since genderless marriage has been introduced for the first time in human history in 2001, we can be sure that it is a brief aberration of Western cultural dominance imposing its social constructs on others.
    • However forcibly Western cultural marxists will try to push their experiment, it is an experiment that is doomed to fail and fade away.
    • Currently all nations that have enacted genderless marriage are Western or Western colonies. No non-Western nation or colony has recognized genderless marriage.
    • Taiwan, heavily influenced by the West, will become the first Asian country to recognize genderless marriage in 2018 or 2019. This shows not only lack of continuity, but an aspect of Western colonialism re-imposing itself on the rest of the world that overwhelmingly rejects genderless marriage and genderless parenting. 171 nations of the world do not accept this unique cultural agenda.
  3. Peaceable.
    • The aggression, even violence, from the leftists pushing their radical sexual propaganda on children in schools and voters in public demonstrates this social experiment is not peaceable.
    • Before genderless marriage has even become law, Australian parents have not been allowed to have a say in what public schools teach their children about homosexuality; Australian voters have been intimidated in public for wearing a “It’s OK to say NO” T-shirt; and even employees have been fired by their left-wing employers when they found out their pro-family views on social media posts.
    • The grotesque, nude, naked, and sadomasochistic “gay pride” parades are far from peaceable. They are indecent, obnoxious, in-your-face displays of flesh and intrusions of private conduct into the public square which includes children. It is not peaceable to children.
  4. Reasonable. The scientific evidence shows there are only 2 biological genders determined by your X and Y chromosomes.
    • Denying biological fact is unreasonable.
    • Publicly promoting a relationship arrangement that cannot produce biological children is more than unreasonable, it is suicidal. The future of each nation depends on biological parents producing and raising biological children. To do anything but promote this beneficial arrangement is unreasonable.
    • The 1993 ‘gay gene’ theory (locating a determinant gay gene at location Xq28) has already been debunked by science. Subsequent research such as Rice & Ebers, 1999 found no such gene.
    • The most conclusive evidence came from multiple longitudinal, identical twin studies. Bailey, Martin et al. (2000) found that if one twin was homosexual, his identical brother was also homosexual 38% of the time. This means 3 things: 1) there MUST BE other determinant factors that account for the difference between identical twins; 2) Genes do not force a person to be gay; 3) We have the power of choice.
    • Even though the theory of the “gay gene” has been thoroughly debunked by subsequent research, gay activists continue to quote a debunked theory to misinform and mislead a generous public that assumes their sincerity.
    • In fact, there is no persecution of gays in Western countries. Gays enjoy far greater freedom in the West than in Muslim countries where gays are routinely jailed, beheaded or thrown off of minorets and tall buildings.
    • There is no reasonable grievance from Western gays that they seek to correct by altering the marriage law. So why are they doing it?
    • According to an Australian doctor, the agenda is nothing short of revolution. The 2 requirements for any revolution to succeed are: 1) controlling children’s education, 2) silencing dissidents.
    • If we enshrine “genderless marriage” we cannot say no to “genderless education”. Their ultimate goal is mind control of our children through radical sexual education programs such as “Safe Schools” and “Respectful Relationships” (both misnomers, they are neither safe for children nor respectful of parents). Federal Member George Christensen has exposed these school programs as “grooming children for sexual predator”. Watch YouTube video below:

Watch Senator Cory Bernardi explain how the “Safe Schools Coalition” is political propaganda and ideological revolution free from the constraints of family: 

    • If we reject the biological truth of male and female, we will have to reject the biological truth of father and mother. The rights of biological parents will be controlled or taken away by the State. This has already happened in Canada, where parents have no say over their children’s education and Christian parents who refuse to indoctrinate their children in celebrating homosexuality may have their children removed from them by Social Services. Watch Facebook video below:
    • Australian Doctor exposes real agenda of SSM.
    • Genderless marriage is both unreasonable and not peaceable.

5. Certain. In the legal sense of being ascertainable. How do we ascertain if homosexuals are truly “married” in the normal sense of the word?

  • They cannot copulate.
  • They cannot procreate.
  • Poll after poll shows they do not tend to commit to monogamy.
  • Gay columnist Jose Zuniga reported in the Windy City Times that “promiscuity and drug use among homosexuals are 
out of control.”
  • According to the Archives of Internal Medicine (Dec 1989), the average gay male has over 
20 sexual partners per year. 75% have more than 100 sexual partners. 28% claim more than 1000 life-time partners!
  • How do we ascertain that homosexuals can “marry” in the usual sense of the word? And if not in the “usual” sense, why redefine marriage?
  • Traditional marriage is so certain that when it is violated, it is called “adultery”. What is the equivalent of “adultery” for homosexuality? Is it engaging in heterosexual relationship? What is the equivalent of “adultery” for beastiality? Is it engaging in human intercourse? What is the equivalent of “adultery” for pedophilia? Is it engaging in adult, consensual relationships? No, we would not say that. There is usually none because these acts are by definition uncertain and abnormal relationships.

6. Compulsory. A custom worthy of law must be compulsory upon all. It cannot be left to the opinion of each man whether or not he will obey.

  • What would happen if same sex marriage were compelled upon all who want to commit to a lifetime partner? Civilization, the human race, would end in one generation.
  • What would happen if “gender fluidity” were compelled upon all children? They would become confused, suffer potential identity crises, and become “groomed” for sexual predators.
  • If marriage were compelled upon on two heterosexual adults who want to live together and make children together, civilization would survive, thrive and advance.
  • What would happen if same sex marriage were compelled upon the whole world? Only 24 nations in the world have legalized genderless marriage. That means the people of 171 nations disagree or oppose. Genderless marriage can never become compulsory without violating the many customs, cultures and traditions of the majority of the world.

7. Consistent. One custom cannot contradict another custom without producing absurdity. The custom of genderless marriage contradicts the custom of marriage based on gender.

  • We cannot accept it without accepting a legal and moral inconsistency.
  • Genderless marriage is undermining the institution of family because it is inconsistent with the ancient, continuous, reasonable, certain, and compulsory custom of heterosexual, biological marriage.

My hope is, when asked to vote on a change in law, politicians will apply the 7 standards of creating any new law, or else we will enter a brave, new age where any political opinion can be turned into law. If we throw out the checks against inventing novel, discontinuous, unpeaceable, unreasonable, uncertain, non-compulsory, and inconsistent law, we will suffer the serious negative consequences which our predecessors foresaw and tried to prevent.


P.S. I have heard homosexual activists make the invidious comparison of their rights to the civil rights of blacks or slaves. If you will apply the 7 standards above, you will see that the activists are making false and self-serving comparisons.
  • There is no biological basis to differentiate humans based on the distribution of their melanin (skin color). Humans of every shade of color are equally human.
  • Releasing people from slavery is as ancient as Moses leading the Jews out of Egypt.

Once you know these 7 standards of granting custom the force of law, you will never again be confused by power-seeking people pushing their opinion on you as though it should become a new law.

You can watch this message on YouTube:
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Steve Cioccolanti is a YouTube Creator with over 200,000 subscribers, creating Christian content for Discover Ministries, YouTube, Newswars, Cioccolanti.org and other outlets. He has authored 4 books, many blog articles, and hundreds of DVDs available at http://www.discover.org.au/bookshop. Known for his end-time prophetic messages, especially for his accurate prediction of Donald Trump's Republican nomination and US Presidential election in 2016, Steve Cioccolanti is a prolific teacher of Bible topics with a focus on life, liberty, and staying balanced. You can see his other accurate predictions here: http://stevecioccolanti.blogspot.com Born in Thailand to a family of Buddhists, Catholics, Methodists, and Muslims, Pastor Steve has a first-hand understanding of multiculturalism and world religions. Educated in Thailand, Australia, America, France, Canada and UK, he offers a unique perspective on global news and East-West cultures. He is a happily married husband, father of two, pastor of Discover Church in Melbourne, Australia. He enjoys traveling with his wife, having been to over 40 nations as a public speaker. To invite Pastor Steve for your church or seminar, contact http://www.discover.org.au/invite


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