A Respectful Distance: Appellate Courts Consider Religious Motivation of Public Figures in Homosexual Equality Discourse - The Cases of Chamberlain and Trinity Western University [Case Comment]

Authors

Bruce MacDougall, Allard School of Law at the University of British ColumbiaFollow

Faculty Author Type

Current Faculty [Bruce MacDougall]

Published In

University of British Columbia Law Review

Document Type

Article

Publication Date

2002

Subjects

Canada; Homosexuality; Religion; Sexual orientation; Discrimination

Abstract

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.

Citation Details

Bruce MacDougall, "A Respectful Distance: Appellate Courts Consider Religious Motivation of Public Figures in Homosexual Equality Discourse - The Cases of Chamberlain and Trinity Western University, Case Comment (2002) 35:2 UBC L Rev 51.