Faculty Author Type

Current Faculty [Bruce MacDougall]

Published In

University of British Columbia Law Review

Document Type


Publication Date



Canada; Homosexuality; Religion; Sexual orientation; Discrimination


In the decisions of the B.C. Court of Appeal in Chamberlain v. Surrey School District No. 36 (2000) and the Supreme Court of Canada in Trinity Western University v. College of Teachers (2001), the courts allowed religiously-based "moral positions" held by would-be teachers and public officials to trump the interests of equal rights protection, in particular that of gays and lesbians. The author examines the ways in which the religious arguments were made (and accepted) in order to achieve this result. The author asserts that the decisions raise troubling questions about the extent to which courts are really willing to go to protect equality in the gay and lesbian context.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.