Should Religious Beliefs Be Excluded from Consideration of Public Policy

Should Religious Beliefs Be Excluded from Consideration of Public Policy?

Yes

Opinion in Chamberlin v. Surrey School District #36

Justice Mary Saunders

By: Heather Gilroy

Summary of the Case:

An organization, called GALE, wrote a variety of children’s books that showed homosexual persons in a positive light
A teacher who worked in the Surrey School District asked if three of GALE’s books could be used in the classrooms as learning material for teaching grades 1 and kindergarten children
The books were reviewed three times by the school district administrative staff, and later the superintendents of schools for that district

In the end, the decision was given to the school board, who voted against using the materials in the classroom, 4-2.

The decision was made mainly due to religious and moral grounds

The decision was highly controversial, and continued though different levels of courts.

Why Did It Matter So Much?:

“Ideas of civil liberties and human rights are on one side, and ideas on parental rights, early education and the role of the elected school board are on the other”- what made this case a large issue was that it brought to light a prejudice largely based on religious values that was being actively enforced in the school system

Those that petitioned the decision against the use of materials say that the decision ignored important legal acts, that relevant considerations were not taken into account, and that it was discriminatory

An important factor to remember here is that B.C has a history of public education that is non-denominational, and based on the independence of school from the church

“A School is a communication center for a whole range of values and aspirations of a society” ( Ross v. School District) therefore it is not correct to teach children there is only one way to be normal, and that way is to be heterosexual.

The school board said that it acted for the benefit of the children, that religions/churches in the community believe that homosexuality is wrong, and that parents have a right to teach them these morals in accordance to their religions

However, this is contrary to the School Act as well as the Charter of Rights and Freedoms

The decision against using GALE materials goes against the freedom of religion, freedom of expression and equal rights, all guaranteed to Canadian citizens by the Charter

This case shows that basing a public policy with a base in religion will and is a huge source of conflict within a community that is multi-religious, multi-ethnic, and with differing morals and personal principles

Creating a law or policy that shows preference to one set of ideologies or a specific lifestyle will only discriminate against another, and when challenged, that policy or rule will be rendered ineffective

Discussion Questions

If the books do not raise issues of sexuality and sexual practices, how can they be viewed as inappropriate?

Previously, a children’s book featuring parents of different ethnic backgrounds may have spurred a similar reaction from the public. Why were interracial and interfaith marriages considered taboo before (and now), and what relevance do you think this has to the case, and the reactions surrounding it?

How is the issue of the lords prayer in the public school system (and its subsequent removal), relevant to this case?

“Freedom of religion includes freedom from religion.” How is this decision, from an earlier court case, relevant to why religion should not be used as a tool for public policy?

Do you think the three books would decrease homophobia, and hate crimes against gay people? Why or why not? ( If you disagree, then how would you go about decreasing violent anti-homosexual discrimination?

Is it possible to create a society where religious beliefs do not play an important role, or for that matter any role?

One worried religious representative said “ The three books present homosexuality as acceptable, and morally equal to heterosexuality.” Do you really believe the books would impact the children’s faith, and in this issue how negative do you think the result would be?

Do you feel that heterosexism and homophobia are major issues in society? Why do you think this may be?

How strong a part did religion play in shaping your own personal views?

Realistically, do you think society is currently shaped by religion, and is the effect of religion on a society a positive or a negative one? Nationally and internationally?

Glossary

GALE [Gay And Lesbian Educators]: An organization advocating for change in the school system, to create a positive environment for homosexual and bisexual persons.

GALE List: Books written and endorsed by GALE, including the three in question, which were “Asha’s Mums”, “Belinda’s Bouquet” and “One Dad, Two Dads, Brown Dad Blue Dad”.

GALE Resolution: Basically, it stated that resources from gay and lesbian groups (like GALE) were not approved for use by the Surrey School District.

Non-Denominational: favoring no particular faith (denomination meaning “faith”)

Non-Sectarian: non-religious, not favoring any faith, or belief over another.

Secular: Not under church control.

The Common School Act: Created in 1865, basically it states that all schools should be carried out by non-sectarian principles. Materials “displaying the highest morality” may be used as educational tools, but books of a religious character should be excluded from schools. The School Act has been amended several times, but these principles remain.

The Lords Prayer: The phrasing of the school act was changed, to allow the lords prayer in schools. In 1989, however, the wording was changed back, so that schools would be “conducted on a strictly secular basis”