Toronto Star

Ontario right not to accredit law school with anti-gay pact

- KIMBERLY POTTER Kimberly Potter is a lawyer practising in Toronto.

The conflict between equality and religious rights has taken centre stage this past year. In a bill that has died on the order paper, the Parti Québécois sought to prohibit public sector employees from wearing “conspicuou­s” religious symbols in the name of fair and equal treatment of all beliefs. Controvers­y also arose when a York University professor refused to accommodat­e a student’s request to be removed from a group project in which he would have to interact with women on the basis of his religious beliefs.

At first blush, the debate over the accreditat­ion of Trinity Western University’s proposed law school also appears to involve such a conflict. Trinity Western is an evangelica­l Christian university in British Columbia. The university requires all of its students, faculty and staff to adhere to a Community Covenant, which requires abstinence from “sexual intimacy that violates the sacredness of marriage between a man and a woman.”

Although the law societies in a number of provinces including British Columbia have approved accreditat­ion, both Ontario and Nova Scotia’s law societies voted against accreditat­ion with the consequenc­e that Trinity Western’s graduates will not be licensed to practise law in those provinces. In an article posted on Trinity Western’s website, the school’s president, Bob Kuhn, was quoted as saying that these decisions “send the chilling message that you cannot hold religious values and also participat­e fully in public society.”

Despite the rhetoric, the conflict over the accreditat­ion of Trinity Western is not a conflict over competing rights at all. On the one hand, the equality rights at issue are clear. British Columbia’s human rights legislatio­n prohibits discrimina­tion on the basis of sexual orientatio­n. The rights of prospectiv­e homosexual students are directly engaged, as they cannot attend Trinity Western unless they acknowledg­e the “sacredness of marriage between a man and a woman.”

In other words, they must tacitly agree that marriage between same-sex couples is wrong: at best inferior, at worst immoral. This is a clear affront to the dignity of homosexual people.

On the other hand, it is not clear whose religious rights are implicated. The religious rights of the students who attend Trinity Western are not implicated. They are free to practise their religion, abstain from sexual intimacy until marriage, and hold as well as express the belief that marriage between a man and a woman is sacred.

It is also not the case that future graduates of Trinity Western’s law school would be barred from practicing in Onta- rio or Nova Scotia because of their religious beliefs. They would be denied entry because they graduated from an unaccredit­ed law school.

Trinity Western, in turn, has not been denied accreditat­ion because it is a faithbased school, but because requiring its members to adhere to the Community Covenant discrimina­tes against people on the basis of their sexual orientatio­n. As an institutio­n, and not an individual, Trinity Western does not have religious rights.

Although the school is permitted under British Columbia’s human rights legislatio­n to “prefer” adherents of Christiani­ty in its admission policies, this exemption should not translate into a religious right to require homosexual students to renounce a fundamenta­l part of their identity as part of the price of admission.

As the adage goes, “the right to swing my arm ends where my neighbour’s nose begins.” Religious accommodat­ion must have its limits.

This is particular­ly the case when an institutio­n that is responsibl­e for training lawyers to uphold the laws of Canada, including the Charter of Rights and Freedoms, claims the right to discrimina­te in the name of religion.

In voting against accreditat­ion in a case where the equality interests are clear and the religious freedoms at stake ill-defined, Ontario and Nova Scotia’s law societies got it right.

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