Everyday Theology: Law societies regulate conduct, not belief

"...TWU has the right to uphold a particular view of marriage..."

At a special meeting of the members of the Law Society of British Columbia, 3,210 lawyers voted against approval for a Faculty of Law at Trinity Western University, while 968 lawyers voted for its approval. While the vote seems to indicate overwhelming opposition, the majority of the 13,114 members of the Law Society did not cast a ballot.

The special meeting was called because a requisite number of lawyers were dissatisfied with the April 11, 2014 decision of the Benchers to approve the faculty of law at TWU for the purposes of the Law Society’s admissions program. I watched the Benchers’ debate live, and in my view, the Benchers arrived at a principled decision regarding a contentious issue involving the conflicting Charter rights of two groups.

The opposition to TWU arises from a clause in the university’s “Community Covenant” which upholds a traditional view of marriage as between one man and one woman. Many people object to this clause as discriminatory against LGBTQ persons.

While I dislike the idea of a university requiring its members to sign a covenant that governs the most intimate aspects of their lives, TWU has the right to uphold a particular view of marriage, and those who share the institution’s beliefs have the right to congregate and associate with others of like mind.

I share the opinion of the BC Civil Liberties Association, an organization that supports the rights of LGBTQ persons but who took the position, “to deny (TWU’s) application based on the university’s Community Covenant would infringe the Charter-protected freedom of association and religion of members of the faith-based private university”.  These are fundamental freedoms and “that’s what s. 2 of the Canadian Charter of Rights and Freedoms is all about, protecting our freedoms of association, of assembly, of belief and of expression.”

In 2001, in Trinity Western University, the Supreme Court of Canada determined that the BC College of Teachers could not deny TWU education graduates admittance to the teaching profession based on religious beliefs about homosexuality that were unacceptable to the College.

There is no evidence that teachers trained at TWU fail to professionally exercise their teaching responsibilities in BC’s public schools. Similarly, there is no reason to assume that future graduates of a law school at TWU will be incapable of upholding the laws of the land and representing the rights of clients of all persuasions.   If an individual lawyer should prove incapable of doing so, the public can reasonably expect that the Law Society will deal with that person according to its remedial and disciplinary procedures already in place.

In my opinion, for a law society to deny candidates admission to the legal profession because of a religious belief that is socially anathema to a percentage of its existing membership is unjustified, and is discriminatory in its own way.  In the absence of evidentiary proof that TWU’s traditional view of marriage and its code of sexual conduct does harm to others, graduates of its law school should be eligible for admission to the BC bar.

The Law Society of BC is properly concerned with the training, qualification, ethics, competency and conduct of its members. It is not its task, however, to attempt to regulate belief by excluding those with whom it disagrees.

Trail, BC resident Louise McEwan is a freelance religion writer with degrees in English and Theology. She has a background in education and faith formation. Her blog is www.faithcolouredglasses.blogspot.com. Contact her at mcewan.lou@gmail.com

Just Posted

What you see …

If you have a recent photo to share email it to editor@trailtimes.ca

Storm the Stairs and Trail Kidney Walk this weekend

Grapevine: Events in the Trail area for the week of Sept. 20 to Sept. 26

Kootenay Robusters end 18th paddling season

Women of Trail, Castlegar, Rossland, Christina Lake and Grand Forks came together in 2001

Military exercises may be audible in Trail

The exercises will be conducted in the Trail area from Thursday to Sunday

Council rollover inspires crop of hopeful politicians

Fourteen people vying for six council seats

Watch out for Pavement Patty: Drivers warned outside B.C. elementary school

New survey reveals unsafe school zones during 2018 back-to-school week

Horvat leads Canucks to 4-3 shootout victory over Kings

Vancouver dumps L.A. in NHL pre-season contest

Update: Search called off for missing plane between Edmonton and Chilliwack

Search efforts were concentrated along the Highway 5 corridor between Valemount and Kamloops

Why Whistler for ski jumping in 2026? Calgary proposal gets pushback

Calgary 2026 proposes re-using the 2010 ski jumping venue Whistler for that sport and nordic

Despite progress, threat of 232 tariffs dominates NAFTA negotiations

Any deal is seen to require congressional approval before Dec. 1 to survive new Mexican government

VIDEO: Hundreds line highway as family brings home body of B.C. teen

Northern B.C. showed their support by lining Hwy 16 as Jessica Patrick’s body returned to Smithers.

B.C. MP Todd Doherty receives award for saving man who collapsed on a plane

Conservative MP was flying from Vancouver to Prince George, B.C., in June last year

Alleged border jumper from Oregon facing 2 charges after police chase in B.C.

Colin Patrick Wilson charged with dangerous operation of motor vehicle, flight from a peace officer

More than 35 B.C. mayors elected without contest

No other candidates for mayor in the upcoming local election in 22 per cent of B.C. cities

Most Read