Human rights decision takes aim at lifestyle codes

By Robert White  |  ChristianWeek Staff

WATERLOO REGION, ON--A human rights tribunal has ordered Christian Horizons to stop using its lifestyle and morality code-leaving other Christian agencies worried about their own standards.

Ruth Ross, executive director of the Christian Legal Fellowship (CLF), says it's possible similar decisions could be forthcoming once other human rights commissions receive a copy of this decision.

Christian Horizons was founded in 1965 by Jim Reese, former pastor of Kitchener's Benton Street Baptist church, and his wife. It operates more than 180 group homes across Ontario for people with developmental disabilities and is funded by the Ontario Ministry of Community and Social Services.

When Connie Heintz was hired as a support worker in 1995 by the agency, she signed its lifestyle and morality statement that included a prohibition against homosexual relationships.

While she was working for Christian Horizons, Heintz began identifying herself as a lesbian and entered a lesbian relationship. She mentioned this to a couple of her fellow workers and was confronted by her supervisor.

The human rights tribunal ruled that by 2000 Heintz felt “the stress and the environment at work was not bearable,” so she resigned and later took her case to the provincial human rights commission.

In April the Human Rights Tribunal of Ontario ordered Christian Horizons to pay Heintz $23,000 plus interest-an amount which includes $5,000 for “the wilful and reckless infliction of mental anguish”-and also pay wages and benefits for the 18 months after she left.

The tribunal also ordered Christian Horizons to begin basic human rights training for all employees, adopt an anti-discrimination and anti-harassment policy and stop using the lifestyle and morality code.

The agency has agreed to end its practice of requiring employees to abide by a strict Christian code of behaviour, but plans to appeal the rest of the decision.

“The really big issue is the ability of Christians to create organizations that allow them to fulfill their call,” says Canadian Council of Christian Charities (CCCC) CEO John Pellowe. “It's really important a Christian ministry be able to self-identify as a Christian ministry and define what their understanding of what a Christian is.”

Agencies have been contacting the CCCC and CLF with concerns about the tribunal's ruling.

“There's a definite concern and need to establish criterion,” says Ross. “However sometimes the dividing line is a bit grey.”
She uses the example of a congregation hiring a pastor and a janitor. A church may need a pastor to agree to a specific code of conduct because “he's establishing a spiritual example to his flock.” But a janitor or “someone in a less leadership role” may not.

A solid set of updated “constituting documents” can help protect a Christian agency in this era of dynamic laws, suggests Ross. One of those documents should be a statement of faith representing the agency's theology.

“Particularly if you want something similar to the code of conduct in the Christian Horizons case,” says Ross. “If you want a position not in favour of same-sex marriage, you need a more literal and orthodox interpretation of scripture as part of your statement of faith.”

She also says the statement of faith, charitable objects and bylaws need to be tied together and spelled out.
“This gets fairly complex.”

The complexity is further complicated for agencies which already have constituting documents-which may not be “lined up appropriately,” says Ross.

“In light of the dynamic laws, they should be reviewed on a regular basis.”

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