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]

U.B.C. Law Review, Vol. 35, pp. 511-538, 2002

28 Pages Posted: 11 Mar 2011

See all articles by Bruce MacDougall

Bruce MacDougall

University of British Columbia (UBC), Faculty of Law

Date Written: 2002

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.

Keywords: Canada, Homosexuality, Religion, Sexual orientation, Discrimination

Suggested Citation

MacDougall, Bruce, 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). U.B.C. Law Review, Vol. 35, pp. 511-538, 2002 . Available at SSRN: https://ssrn.com/abstract=1782242

Bruce MacDougall (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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