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Prayer Alert: Top Court in Canada Rules LGBT Rights Trump Religious FreedomObservers predicted the top court's highly anticipated Trinity Western University decision would have far-reaching implications for faith-based institutions and their participation in society.
In a pair of 7-2 rulings, the court ruled that it was "proportionate and reasonable" for the law societies of British Columbia and Ontario to refuse accreditation to future Trinity Western University students because the proposed Christian law school's "community covenant" would discriminate against LGBTQ people. "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," the ruling stated. The ruling means that future grads from Trinity Western University's law school—if the school, in fact, opens—will not be able to practice law in Ontario and B.C. TWU, a private Christian college associated with the Evangelical Free Church, requires students to sign a commitment to refrain from any sexual activity "that violates the sacredness of marriage between a man and a woman." A majority of five judges, Rosalie Abella, Michael Moldaver, Andromache Karakatsanis, Richard Wagner and Clement Gascon ruled the law societies' decisions were reasonable. Then-Chief Justice Beverley McLachlin and Justice Malcolm Rowe agreed but for different reasons, set out in separate opinions. "Freedom of religion protects the rights of religious adherents to hold and express beliefs through both individual and communal practices. Where a religious practice impacts others, however, this can be taken into account at the balancing stage. In this case, the effect of the mandatory Covenant is to restrict the conduct of others," McLachlin wrote in her opinion on the appeal by the Law Society of British Columbia. "The LSBC's decision prevents the risk of significant harm to LGBTQ people who feel they have no choice but to attend TWU's proposed law school. These individuals would have to deny who they are for three years to receive a legal education. Being required by someone else's religious beliefs to behave contrary to one's sexual identity is degrading and disrespectful." Justices Brown and Côté dissented, writing that the majority "betrays the promise of our Constitution that rights limitations must be demonstrably justified"... Click here to continue reading.
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