What happens when religious beliefs clash with human rights in the teaching of law
British Columbia lawyers voted overwhelmingly on June 10, 2014 in favour of a motion directing the Benchers of the Law Society of BC to declare that Trinity Western University is not an approved faculty of law, with 77% voting in favour. West Coast LEAF, an organization striving to “create a society in which differences are respected and supported by the law, and by social and institutional policies and practices” has made submissions to both the BC Law Society and the Federation of Law Societies of Canada objecting to TWU’s accreditation as a law school. The group is “very pleased that such a clear majority of the lawyers who voted have agreed that a law school that discriminates against LGBTQ students and faculty has no place in our province.”
TWU requires students and faculty to sign a covenant with the University which prohibits sexual expression outside of marriage between a man and a woman. TWU also restricts the reproductive rights of its community members. Students and faculty who do not comply with these requirements may be expelled, or otherwise sanctioned. Despite its discriminatory policies, in April the BC Benchers approved TWU as an accredited law school. The June 10, 2014 vote by members of BC’s Law Society directs the Benchers to reverse that vote, bringing BC into line with Law Societies in Ontario and Nova Scotia, which have also rejected TWU’s accreditation in their provinces.
University covenant prohibits sexual intimacy, abortion
In addition to prohibiting sexual intimacy outside of marriage between a man and a woman, the Covenant indicates an expectation that female students and staff will not seek abortion services while attending or working at TWU. The school’s Student Handbook also explicitly demands that students refrain from practices contrary to biblical teachings, including abortion. In essence, TWU’s Community Covenant requires women to cede their constitutionally protected reproductive rights, regardless of their own personal aspirations, dignity, and autonomy.
Limits on freedom of religion
“Freedom of religion protects a person’s right to hold whatever tenets of their faith they wish, including the belief that homosexuality and abortion are sins. However, it does not protect a person’s right to create a law school that excludes and punishes students on that basis,” says Laura Track, Legal Director of the West Coast Women’s Legal Education and Action Fund. “Women’s rights to make their own choices with respect to abortion and contraception are fundamental to our equality, autonomy, dignity, and security,” Track states, adding that “Women should not have to give up the rights to control their own bodies and make their own reproductive choices in order to access a place in a law school.” West Coast LEAF observes that the Trinity Western Covenant discriminates on the basis of sex, sexual orientation and gender identity—and says that Canadian law schools tasked with educating future lawyers cannot be permitted to exercise policies that contravene Canadian law. The June 10, 2014 vote was therefore “an affirmation of equality, a fundamental value underpinning Canadian law.”
The Law Society has one year to comply with the results of the vote. If they do not, the Law Society Rules state that a referendum may be called.
We speak with Laura Track, legal director at West Coast LEAF.
RELATED | West Coast LEAF | Trinity Western University | National Post: B.C. lawyers vote to deny accreditation to conservative Trinity Western University law school over anti-gay sex stance (June 10, 2014) | The Globe and Mail: Trinity Western to launch court challenge (May 6, 2014) |
Image (above) from People’s Law School website.
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October 17, 2013: Protest of Trinity Western University’s possible law school accreditation (xtraonline)
