A clash between religious freedom of expression and the rights of gays to protection against hate literature, has put sacred biblical scriptures denouncing homosexuality on trial.
On Thursday, the province's highest court reserved its decision on a human
rights case that has the Canadian Civil Liberties Association and the Canadian
Religious Freedom Alliance backing Regina resident Hugh Owens' fight to enter
the political and controversial moral debate on gay rights by citing sacred
scripture.
"For the Christian community this is definitely a freedom of religion issue,'' said Alliance lawyer Janet Epp Buckingham. "The Bible is Censored,'' and "The Bible Considered Hate Literature,' headlines generated by this case were of grave concern in the Christian community, she said.
"We are looking to the court to set out what is the protection for Scripture and what is permitted in terms of commentary on Scripture when you are talking about sexual morality, which is clearly of deep concern to the religious community,'' Buckingham said.
While the Civil Liberties Association disagrees with the content of Owens' message, its lawyer Andrew Lokan said the association feels Owens' right to express those views must be protected.
Owens is appealing a lower-court decision finding him guilty of violating Saskatchewan's Human Rights Code by placing an advertisement in the June 30, 1997 Saskatoon StarPhoenix for bumper stickers, which cited sacred Scripture and depicted two stick-figure men holding hands, with the universal symbol of a circle and slash through them.
A human rights board of inquiry found the ad and bumper stickers exposed members of the gay community to hatred, ridicule and was an affront of their dignity because of their sexual orientation. The board's findings were upheld by Queen's Bench Justice Ron Barclay in 2002.
Saskatchewan Human Rights Commission lawyer Milton Woodard said both freedom of religion and freedom of expression are important fundamental rights covered within the human rights code.
"But you have to draw the line between the right to express your views and the right to protection from the harms that those view can sometimes create,'' he said.
Gays and lesbians are entitled to all the benefits, rights and opportunities that exist in a free and democratic society, including the right to express their views and to live the way they want to live, Woodard said.
Owens said he was simply trying to share his religious beliefs by quoting passages from the Bible passages that "God says 'no' to homosexuality.''
It is one thing to simply express your views on whether activity is sinful or not, Woodard said. "But we believe this sticker went over the line to say that a certain group of people should simply not be allowed in society,'' he said, explaining it is not the religious texts that are the problem, but their usage to cause harm to other people that is problematic.
While the biblical passages are very harshly worded, there is some dispute over their meaning, Lokan said, noting a subjective apprehension of harm shouldn't be enough to silence religious freedom of expression. "There has to be some level of protected expression around religious morality and political expression.''
Calling the previous rulings an attack on the Bible, Owens said if he loses his appeal he will take his case to the (Canadian) Supreme Court.