Trinity Western University has been in the news recently, as law societies in Ontario and Nova Scotia voted to not recognize lawyers trained at the religious university’s soon-to-open law school. These two law societies – like your blogger and the vast majority of Canadians – recoiled in horror at the university’s community covenant (“covenant” is just a fancy way of saying “contract”) clause forbidding students from having sex outside straight marriage.
While discriminatory and immoral, TWU’s policy is not illegal. If I understand correctly, several years ago the Canadian Supreme Court agreed with the BC Civil Liberties Union that, as a private university which does not receive government funding or subsidies, TWU’s right to a discriminatory code of conduct trumps attendees’ right to sexual equality. (After all, people can choose not to attend that university.) Part of the ruling apparently included the statement that the Court found no evidence that TWU’s 21st-century-BC sexual ethics actually affect the behaviour of their 21st-century-AD graduates, once they enter the “real” world. Which is comforting, and de-fangs some of my concerns.
So, while I find its policy abhorrent, legal precedent tells me TWU must be allowed to have their own law school. On the flip side, the ruling also means that an atheist group could found the “Richard Dawkins Law School” with a community covenant forbidding students from engaging in religious practise, as long as they don’t take public funding either. (In a terrible case of “do unto others…” Dawkins has argued that religion is a form of mental illness, in the exact same way religious fundamentalists have argued that homosexuality is. While the guy’s a scientific genius, he’s as religiously illiterate as the people he rails against.)
As a semi-related aside, the Moral Majority movement started when the US Federal Government threatened to withdraw tax-exempt status from Bob Jones University, a religious college which forbade interracial dating. Until the year 2000. Which was forty-five years after Rosa Parks refused to move to the back of the bus. As recounted by the Episcopal (Anglican) priest Randall Balmer, the Moral Majority’s founders quickly realized that – this being the 1970’s, not the 1870’s – no one would fund a group committed to keeping black boys away from white girls. So they made abortion their central issue.