Judge rules against Surrey school board
Trustees must reconsider alternative-family books for young children
By
Debra Fieguth
ChristianWeek staff
SURREY, BC–Surrey school board was told last month it will have to reconsider allowing gay-friendly books in the municipality’s kindergarten and Grade 1 classrooms.
B.C. Supreme Court Justice Mary Saunders ruled December 16 that the board broke the law when it decided five- and six-year-old children did not need to have classroom access to three books describing "alternative" families with gay parents.
Saunders made her decision based largely on her contention that the board acted out of religious beliefs. Under the B.C. School Act, she wrote, "a school board is not permitted to implement a decision made upon religious views."
"Freedom of religion includes freedom from religion," she added.
The ruling was a disappointment to the
majority of the school
trustees. "Many of us felt she missed the whole
point," says trustee Gary Tymoschuk, the
board’s vice-chair.
The board had until January 14 to decide whether to appeal. After meeting December 17 and January 4 to discuss their options, the trustees planned to meet again January 11 to make a final decision.
The ruling relates to a case that was heard last June after several gay teachers challenged the board’s resolution not to include the three books in the classrooms of young children. The court received affidavits from a number of religious and community groups, including Sikhs, Hindus, Catholics and others.
The board’s arguments were based not just on religious views but on the assertion that books about alternative families are not appropriate for children that young.
Saunders saw it differently. She said the books do not raise issues of sexual practices, and that they have been used in other parts of the province and Washington State "without ill effect."
In quashing the board’s resolution, she handed the matter back to the board to reconsider in light of her reasons.
Darrel Reid, president of
Vancouver-based Focus on the Family Canada, called the
decision
"very disturbing, especially for the 60 percent of
Canadians who–according to a recent
survey–regard religion to be an important part of
their lives."
Reid says the judgment implies that parents cannot trust the public education system–which they pay for–to respect the values they are teaching their children at home. "Ultimately, this judgment is not about books," says Reid. "It’s about the basic rights and responsibilities of parents."
