Canada: Protection of LGBT rights > Religious Freedom

[OBEY 57,109]

"Supreme Court of Canada rules that limits on religious freedom 'reasonable' to protect LGBT rights

 

Trinity Western University has lost its legal battle for a new evangelical Christian law school, with a Supreme Court of Canada ruling today that calls it "proportionate and reasonable" to limit religious rights in order to ensure open access for LGBT students.

In a pair of 7-2 rulings, the majority of justices found the law societies of British Columbia and Ontario have the power to refuse accreditation based on TWU's so-called community covenant.

The mandatory agreement binds students to a strict code of conduct, including abstaining from sex outside of heterosexual marriage.

The majority judgment said the covenant would deter LGBT students from attending the proposed law school, and those who did attend would be at risk of significant harm.

It found the public interest of the law profession includes promoting equality by ensuring equal access, supporting diversity within the bar and preventing harm to LGBT students. 

In the court's view, the law societies were acting within their mandate in considering TWU's admission policies in the accreditation process, also to ensure upholding a positive public perception of the legal profession.

"In our respectful view, the [law societies] decision not to accredit Trinity Western University's proposed law school represents a proportionate balance between the limitation on the Charter right at issue and the statutory objectives the [law societies] sought to pursue," it reads."

Copy/pasted article from: http://www.cbc.ca/news/politics/trinity-western-supreme-court-decision-1.4707240 

[Azor Ahai 18,861]

This is a messy subject. On the one hand, a gay student probably shouldn't be in that school on the first place but on the other hand it's not like parents are able to tell if their child is gay anyway until they decide to come out.

[Petie Estie 5,736]

2 minutes ago, Azor Ahai said:

This is a messy subject. On the one hand, a gay student probably shouldn't be in that school on the first place but on the other hand it's not like parents are able to tell if their child is gay anyway until they decide to come out.

It's a really cut and dry issue if you think about it as discrimination. Just because they wrote discrimination into their code of conduct and justify it as part of their religion doesn't mean it should be legal. 

[Azor Ahai 18,861]

3 minutes ago, SEANGT said:

It's a really cut and dry issue if you think about it as discrimination. Just because they wrote discrimination into their code of conduct and justify it as part of their religion doesn't mean it should be legal. 

I mean girls schools in Canada still exist right? Isn't that discrimination? 

[Petie Estie 5,736]

1 minute ago, Azor Ahai said:

I mean girls schools in Canada still exist right? Isn't that discrimination? 

Not the same concept or issue at all. 

https://en.wikipedia.org/wiki/Whataboutism

[Supersonic 49,376]

Honestly, I refuse to even acknowledge that "religious freedom" encompasses the right to discriminate. If your religion tells you to hate and cause hurt, it's not a good religion period.

[Azor Ahai 18,861]

Just now, SEANGT said:

Not the same concept or issue at all. 

https://en.wikipedia.org/wiki/Whataboutism

Well just claiming it isn't and saying I'm using 'whataboutism' doesn't really help me understand.

Being a girl is an identity and so is being gay. What if there was a religion where students were not allowed to have heterosexual sex? Would that be discrimination?

For me, gender specific or religious schools shouldn't exist either. Schools should accept all students.

[River 128,581]

religious freedom is not superior.

Bravo Canada.

 

[PunkTheFunk 125,733]

3 minutes ago, Azor Ahai said:

Well just claiming it isn't and saying I'm using 'whataboutism' doesn't really help me understand.

Being a girl is an identity and so is being gay. What if there was a religion where students were not allowed to have heterosexual sex? Would that be discrimination?

I don't think the two can be compared. Gays are being kept out of this school because their existence supposedly goes against fundamental beliefs in Christianity, i.e. they find homosexuality "disgusting" and don't want to be near it.

Modern all boys/all girls schools don't exist because people believe both genders interacting is an "abomination", or that one is better than the other.

This is a case of clear discrimination.

[REALITY 80,244]

11 minutes ago, Supersonic said:

Honestly, I refuse to even acknowledge that "religious freedom" encompasses the right to discriminate. If your religion tells you to hate and cause hurt, it's not a good religion period.

I think what people need to do is evolve their religion. It's much easier said than done because you'll always have orthodox or really strict people saying "WE SHOULD HAVE TRADITION! NOTHING SHOULD CHANGE!", but the reality is that some things do need to change.

I grew up Catholic, and even though I got my First Communion, Baptism, etc., I realistically am more of an Agnostic person. I don't think that the religion itself is the bad thing, but people refusing to evolve with the times. I mean, there are also some verses in the Bible that condone slavery. It also wasn't too long ago that interracial marriage was seen as something "sinful." 

[Robo Ga 15,617]

35 minutes ago, Azor Ahai said:

This is a messy subject. On the one hand, a gay student probably shouldn't be in that school on the first place but on the other hand it's not like parents are able to tell if their child is gay anyway until they decide to come out.

What an ignorant response 

[RAMROD 117,958]

Good to hear

 

[Azor Ahai 18,861]

26 minutes ago, PunkTheFunk said:

I don't think the two can be compared. Gays are being kept out of this school because their existence supposedly goes against fundamental beliefs in Christianity, i.e. they find homosexuality "disgusting" and don't want to be near it.

Modern all boys/all girls schools don't exist because people believe both genders interacting is an "abomination", or that one is better than the other.

This is a case of clear discrimination.

I'm just saying we should either not allow any discrimination or allow both. This is the same as banning burqas/muslim headpieces but allowing people to wear crosses that's been happening in some european countries.

[homomo 23,883]

46 minutes ago, Azor Ahai said:

I mean girls schools in Canada still exist right? Isn't that discrimination? 

I’m from Canada and I’ve never seen a girls school anywhere I’ve been. Plus, I wouldn’t call a female school discrimination. It would be a beneficial place for female students to have an education and feel safe.

Nonetheless, this does not compare to the articles situation. Religion is based on belief. Just because someone ‘thinks’ something is bad, doesn’t make it bad. The government is putting science over religion, and it’s about god damn time. (Pun not intended)

[Fish 6,259]

I read the decision this morning. It is very split between majority, concurring Beverley and the 2 others dissenting. It is very interesting, from a Charter of Rights and Freedoms perspective but also from a pure admin law perspective.