Law Schools

Canadian Supreme Court Shames U.S. Supreme Court On Gay Rights In Law Schools

The only good thing about climate change is that soon Canada will be warm enough to live in.

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This month, the American Supreme Court decided that open bigotry towards gay people has to be allowed if even one government official appears hostile towards someone’s misinterpretation of their own religion.

In Canada, they do things a little differently. The Canadian Supreme Court decided a case that, arguably, involves a much greater impingement on religious freedom than a baker being asked to make a cake. And yet that the Canadian court found a way to reject bigotry.

The case involves Trinity Western University. It wanted to start a new, Christian evangelical law school. But Canada’s law school accreditation body denied them certification. Trinity Western’s proposed “code of conduct” strictly prohibited sex outside of “heterosexual marriage.” The accreditation body determined that this rule would deter LGBT students from attending the law school, and would place those who did attend at the risk of discrimination.

The Canadian Supreme Court agreed. From CBC News:

In the court’s view, the law societies were acting within their mandate in considering TWU’s admission policies in the accreditation process, also to ensure upholding a positive public perception of the legal profession.

“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,” it reads.

It was a 7-2 decision. The majority said that the ruling was a “proportionate and reasonable” restriction on religious rights to ensure LGBT students are treated fairly. The two dissenting justices said that the accrediting body shouldn’t have this much power.

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I really don’t understand why this concept is so hard for American courts to grasp. Your freedom of religion should end right at the point it impinges on somebody else’s freedom from discrimination. Is that really so hard?

“I accept Jesus Christ as the Lord and Savior!”
“Cool.”
“The Gospel is the literal word of God.”
“Alright. It’s probably more the word of Constantine the Great, but cool, cool, you do you.”
“I would never kiss a man.”
“Don’t think that is going to be a problem for you, but no worries.”
“If you’re a man and you kiss another man, you can’t come to my school or store.”
“Whoa. Whoa dude. That’s discrimination.”
“My God tells me it’s okay.”
“I don’t give a good goddamn what your imaginary friend says, I’ve got rights up in here too.”

It’s not a slippery-slope, it’s a big, bold, bright line. Canada seems to get it. Why can’t we?

Trinity Western loses fight for Christian law school [CBC News]

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Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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