Religious schools argue GSA act violates values
Parents’, children’s rights ‘harmonious to a certain age,’ group’s lawyer says
More than two dozen Alberta religious schools on Monday appealed a court ruling dictating they allow the creation of so-called gaystraight alliances free from parental notification.
Last June, Court of Queen’s Bench Justice Johnna Kubik dismissed a bid by the schools, parents and public interest groups to delay implementation of the NDP government’s Bill 24 until they can launch a constitutional challenge.
The bid at the Alberta Court of Appeal in Calgary is being spearheaded by the group Justice Centre for Constitutional Freedoms (JCCF), which has labelled GSAs “ideological sexual clubs” that they argue have been used to bully, indoctrinate and spread sexually graphic material.
Even more important, said JCCF lawyer Jay Cameron, are threatened parental rights in knowing if their children are involved in such clubs that are meant to provide a comfortable environment for LGBTQ youths and others.
“There is a problem with the School Act because it restricts information to parents,” he told an overflow courtroom. “Parents’ rights and children’s rights are harmonious to a certain age.”
The schools argue GSAs and the lack of notification violate their family and religious rights and values.
Members of the three-person panel noted attending a GSA is voluntary and nothing prohibits members from telling their parents they belong to them. But they also voiced repeated concern over Education Minister David Eggen’s comments earlier this fall that schools failing to comply with the policy risk losing their provincial funding for the 2019-2020 academic year.
Justice J.D. Bruce McDonald noted when Kubik made her ruling last spring, that ultimatum hadn’t been issued. “It seems to be an attempt by the government to make the appellants give up their litigation,” said McDonald.
There’s nothing solid about Eggen’s ultimatum but the 22 schools not in compliance with the legislation have the power to remedy any uncertainty, said Kristan McLeod, who represented the province.
“There’s still no evidence before this court that any school will be refused funding,” said McLeod.
She noted Kubic largely sided with the province, concluding there was no evidence of GSAs distributing graphic material or that not delaying the law would cause irreparable harm to young or vulnerable youth.
And lawyer Brendan MacArthurStevens said allowing schools to notify parents about their children’s involvement in GSAs violates privacy rights that are even more vital to vulnerable LGBTQ youths.
“Outing students against their will would have dire consequences,” said MacArthur-Stevens, who spoke for the Calgary Sexual Health Centre.
But Cameron insisted schools and certainly the province have little power over viewing and reading material disseminated at some of the clubs, which he said have included imagery of condom use and sex with adults.
The panel will issue a written decision on the appeal, though no date has been set for that.
Earlier, the panel ruled against a bid by Postmedia, CBC and CTV to allow the naming of a Calgary Board of Education school involved in the GSA appeal.