Appeal court decision viewed as victory for religious freedom

Phil Horgan

By DEBORAH GYAPONG
Canadian Catholic News
Ottawa

Christian groups are hailing a Saskatchewan Court of Appeal ruling handed down April 13 as a victory for religious freedom in a troubling case that raised questions whether parts of the Bible are hateful against homosexuals.

"It's significant that the Court of Appeal overturned the lower court decision that implied that Bible verses can be interpreted as prohibited hate speech," said Evangelical Fellowship of Canada legal advisor Rickcola Slawter in a news release.

The ruling overturns both a human rights board of inquiry finding and a lower court decision that retired prison guard Hugh Owens violated the Saskatchewan Human Rights Code for publishing advertisements in the Saskatoon Star-Phoenix nine years ago that expressed his opposition to homosexuality.

Peter Lauwers

Owens' 1997 advertisements for bumper stickers showed two male stick figures holding hands inside a circle with a slash through it - the universal symbol meaning "not permitted" - along with several Bible references, including Leviticus 20:13.

Though the text was not included, anyone who looked it up would find it calls for those who commit homosexual acts to be put to death.

The previous rulings had taken the Bible verses literally, but the appeal court Justice J.A. Richards wrote the "stickmen element" could be seen as "understating the literal meaning" of the literal texts to suggest "certain kinds of activity are not allowed" rather than that gay men should be put to death.

"Overall, although bluntly presented and doubtless upsetting to many, the essential message conveyed by the advertisement is not one which involves the ardent emotions and strong sense of detestation, calumny and vilification required by Bell," Richards wrote in his decision, citing a Supreme Court of Canada decision.

Constitutional lawyer Peter Lauwers describes the decision as "reasonably balanced."

The decision moves away from a subjective measure of "hurt feelings" or "hypersensitivities" to a more objective "reasonable person" standard, Lauwers said in a telephone interview from Toronto.

Owens' ads, however, posed a problem for the interveners who have "been rather careful to elevate the debate," said Phil Horgan, president of the Catholic Civil Rights League.

"We didn't necessarily endorse Mr. Owens' approach, but we defended his right to speak."

One of the gay activists who launched the initial complaint against Owens told the Saskatoon Star-Phoenix he was disappointed with the decision and hopes the human rights commission will appeal to the Supreme Court of Canada.

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