Posted: Jun 03, 2012 12:58 pm
Nicko wrote:It's worth noting that their statement of values excludes the majority of heterosexuals as well by prohibiting sex outside of the context of a same-sex marriage.
Which may not have been a problem. I don't think it is illegal to require that employees remain celibate until marriage (It's just really dumb.) But to allow married heterosexuals, but not married homosexuals, to work there is clearly discriminatory.
They seem to require people to behave like Christians at any rate. Well, Christian as defined by them. I'm sure that there are a lot of people who identify as Christians who do not feel that regarding homosexuality as impure is required by their faith. I think that your earlier point that there is a clear double standard at work by requiring a section of legally married couples to abstain from sex was a good one too.
But it is the "Meiorin test" that you brought up that seems likely to make these issues a legal matter. I don't think their policy passes it.
It'll be particularly difficult for them since it seems the majority of students were not even aware of this policy and, now that they are, they are mostly opposed to it. So the school cannot really argue that anti-homosexual discrimination is an essential requirement of their educational mission.