Calgary Herald

Alberta court hears arguments in gay-straight-alliance battle

- LAUREN KRUGEL

MEDICINE HAT In the first court challenge against Alberta’s gay-straight alliance rules, lawyers on both sides argued children will be harmed if the judge’s decision doesn’t go their way.

A court in Medicine Hat heard arguments Wednesday on whether the legislatio­n, which bars schools from telling parents if their children join GSAs, should be put on hold until there is a ruling on its constituti­onality.

The Justice Centre for Constituti­onal Freedoms is seeking the injunction on behalf of dozens of faith-based schools, parents and public-interest groups.

“The legislatio­n is deeply flawed and it fails to protect children,” Justice Centre lawyer Jay Cameron told court.

The Justice Centre argues that keeping parents out of the loop violates charter rights, including freedom of religion and expression. It calls gay-straight alliances “ideologica­l sex clubs” that make graphic informatio­n on gay sex available.

Two of the parents who signed the complaint say their autistic teenage daughter joined a gaystraigh­t alliance and was convinced to dress and act like a boy at school. The challenge says the girl became suicidal before her parents learned of “confusing influences” at school.

Cameron said while the intent of the law may be laudable, it doesn’t set out what’s appropriat­e for different age groups or provide protection­s for kids who have special needs or other vulnerabil­ities.

The Alberta government and others have argued that schools shouldn’t inform parents if their children join the peer groups because there is the potential to “out” the students to guardians who may not be accepting.

Schools have until the end of June to file informatio­n to the government showing they are complying with the legislatio­n.

The legal challenge was filed in April in response to the ban passed by Premier Rachel Notley’s government late last year.

Gay-straight alliances are peersuppor­t networks organized by students meant to help gay kids feel welcome and to prevent bullying or abuse.

Cameron said the faith-based schools that are part of the applicatio­n want speedy relief from the law so they don’t risk losing their funding if they refuse to comply. He said some teachers and principals couldn’t in good conscience do so. “It would simply be unjust.” John Carpenter, a lawyer for the province, said he takes particular issue with the Justice Centre’s characteri­zation of gay-straight alliances as “secret societies.”

“You shall not out children. It’s as simple as that,” he said.

Carpenter said LGBTQ students are particular­ly vulnerable to bullying, disrespect and abuse, and have a suicide rate that’s markedly higher than their peers.

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