The Canadian Supreme Court ruled that Trinity Western University, a Christian college, can be refused accreditation as a law school because the school condemns homosexual behavior in its code of conduct.
The 7-2 ruling states it is legal for law societies -- in this case, those in British Columbia and Ontario -- to deny universities a law school accreditation on the basis of specific policy qualifications. The court found that the university’s code of conduct would allow for the discrimination of LGBTQ students, therefore justifying the law societies’ rejection.
Although, the code of conduct the court refers to is not simply singling out members of the LGBTQ community. The policy emphasizes many traditional Christian values of self-discipline such as the rejection of cursing, premarital sex, pornography, and drunkenness.
Those in support of the court’s decision, such as Law Society of B.C. President Miriam Kresivo, say it is an affirmation of basic human rights.
Kresivo called the ruling “a recognition of the responsibility of the Law Society to uphold the rights of all persons and to protect the public interest.”
Others, such as Janet Epp Buckingham, a TWU professor, say the ruling is a loss for Canada.
"We feel that this is a loss for diversity in Canada," she said. "Canada has traditionally upheld values of diversity for a broad array of religious views. So we're very disappointed in the way the Supreme Court of Canada has ruled today."
Canada has always valued diversity. Sadly, the Supreme Court has decided that this does not extend to a law school at Trinity Western University. https://t.co/563CnJJbsQ #TWULaw
— Trinity Western (@TrinityWestern) June 15, 2018
Andrew Bennett, director of the religious freedom institute at the Christian-based think tank Cardus, says the ruling creates an unnecessary conflict between people of different sexualities and religious faiths.
"This is not a question of religious identity, it's not a question of sexual identity. It's a question of fundamental freedoms, and also about the freedom to live your faith publicly," he said.
The United States recently saw this conflict in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, but unlike in Canada, religious liberty won. Although, the U.S. Supreme Court decision was limited in terms of its precedent, then leaving room for judges to potentially establish a precedent similar to Canada’s if they decide so in a future case.