Trinity Western University, an evangelical tertiary institution in British Columbia, has lost two cases it had brought protesting the decision of two Canadian Provincial Law Societies to not authorise graduates of their proposed Law School as able to practice in the Provinces. The reason for the denial of accreditation was that TWU requires students and staff to agree to a Community Covenant Agreement, which undertakes (among other things) that they will not engage while studying or working at TWU in “sexual intimacy that violates the sacredness of marriage between a man and a woman”. The Supreme Court of Canada, in two linked cases, has now held by a 7-2 majority that the Law Societies were justified in their refusal to accredit the TWU Law program, on the basis that any interference with religious freedom was minor, and that the Societies were entitled to take the view that the Covenant requirement imposed “harm” on LGBTQ law students. I disagree with both those conclusions, and believe that the dissenting judgment of Côté and Brown JJ is a far better analysis of the situation.
In Masterpiece Cakeshop, Ltd v Colorado Civil Rights Commission, 584 U. S. ____ (2018) (June 4, 2018), the US Supreme Court by 7-2 overturned previous decisions against a Christian cake maker, Jack Phillips, who had declined to make a wedding cake for a same sex wedding. While the basis of the decision of the majority is fairly narrow, the outcome is clearly correct, and even in the narrow reasons offered by Justice Kennedy, there are a number of important affirmations which support religious freedom.
Yesterday saw the launch in Canberra of the first report by a body called the “Study of the Economic Impact of Religion on Society” (SEIROS), looking into the general impact of religious belief on the Australian community. The report, prepared by respected economic modellers at Deloitte based on a commissioned survey designed by researchers for SEIROS, can be downloaded here: Donating and volunteering behaviour associated with religiosity.