Wednesday September 20, 2000
B. C. COURT OF APPEAL REVERSES GAY BOOKS IN SCHOOL DECISION
Decision Respects Parents' Right to Object to the Books for Classroom Use
SURREY, BC, Sept 20 (LSN.ca) - In a unanimous 3-0 decision, the BC Court of Appeal has reversed a BC Supreme Court ruling in the case of Chamberlain v. Surrey School Board. The Supreme Court allowed homosexual propaganda books into kindergarten and grade one classrooms against the wishes of a majority of parents.
James Chamberlain, an elementary school teacher requested that he be allowed to use the books to instruct children about "diverse" families, but the school board voted against his request. The Supreme Court's Madam Justice Saunders overturned the board's decision saying it was based on religious convictions and therefore "contrary to s.76(1) of the School Act," which states that schools are to be "conducted on strictly secular ... principles."
The Evangelical Fellowship of Canada praised today's reversal of the Supreme Court ruling; EFC's legal counsel Janet Epp-Buckingham noted that it highlighted that the term 'secular' should not be interpreted to exclude religiously-based views.
In writing the decision Mr. Justice Mackenzie states: "Moral positions must be accorded equal access to the public square without regard to religious influence. A religiously informed conscience should not be accorded any privilege, but neither should it be placed under a disability." He concludes: "In my opinion, 'strictly secular' in the School Act can only mean pluralist in the sense that moral positions are to be accorded standing in the public square irrespective of whether the position flows out of conscience that is religiously informed or not."
John Hof, of Campaign Life Coalition BC, told LifeSite that Justice Saunders, the originator of the decision overturned today was the same judge who reinstated the Bubble Zone in BC after it was thrown out by lower courts. Heather Stillwell, President of the Surrey School Board reacted to today's decision saying, "Sometimes the good guys do win."
See the full decision at:
http://www.courts.gov.bc.ca/jdb-txt/ca/00/05/c00-0519.htm
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