Canoe~ The Toronto Sun
http://www.canoe.ca/TorontoNews/ts.ts-03-27-0056.html
 
Prom Fight Gets Legal
Gay may go to court for his date.
 
March 27, 2002
 
By ROB GRANATSTEIN, TORONTO SUN

Marc Hall's battle to take his boyfriend to the prom could take him to the courtroom before the ballroom.

Hall, a gay Grade 12 student at Monsignor John Pereyma Catholic Secondary School, in Oshawa, was told by school officials he can't bring his 21-year-old boyfriend to the prom because they do not accept the homosexual lifestyle.

So, Hall is taking action.

His first plan is to get the issue on the April 8 agenda of the Durham Catholic school board meeting, so he can make his argument. But his chances of winning there seem slim.

Hall has prepared for the next step, too -- court action.

TORONTO LAWYER

Toronto lawyer David Corbett, who has been involved in numerous gay rights cases in Canada, met with Hall yesterday.

"If they want a confrontation over this issue, I think they now have one," said Corbett, who teaches discrimination law at the University of Toronto. "This is just mean-spirited, telling a young guy he can't go to the dance.

"He certainly has a good, arguable case," he said. "Whether he'll win it is another matter."

A JUDGE IS AN OPTION

One of the options open to Hall is to see a judge.

"A judge can order almost anything if the judge feels there's legal basis to do so," Corbett said.

There have been similar prom cases in the U.S. and rulings have gone both ways, usually dependent on where the case was heard, he said, adding he's not aware of a Canadian case.

"The position I would advocate in this case is if you're taking public money, you must reflect basic public values," Corbett said. "Whether it will succeed is another matter."

Hall has support from Interlink Youths, a group representing gays and lesbians in Durham.
 
http://www.canoe.ca/CNEWSLaw0203/26_gay-sun.html
 
Gay-date bid sparks turmoil
Board won't debate decision that bars student's friend.
 
By DICK CHAPMAN-- Sun Media
 
March 23, 2002

OSHAWA, Ontario -- A Durham Catholic school board meeting degenerated into turmoil last night when the board refused to discuss gay student Marc Hall's bid to bring his boyfriend to the school prom.

Durham Regional Police officers were called to the meeting by board chairman Mary Ann Martin after trustees called a recess and retired for a private discussion when the meeting grew tumultuous.

Martin refused to hear any discussion of Hall's attempt to attend the May event with a 21-year-old boyfriend.

The Grade-12 student at Monsignor John Pereyma Catholic Secondary School in Oshawa said after the meeting he will consult a lawyer today about launching a human rights complaint against the board.

"I'm taking legal action now -- lawyers, human rights commission, whatever I can do," said Hall, 17.

"I don't want this to happen to anyone else. I'm trying to fight this for everybody else, not just for myself."

After the meeting, Martin told a horde of media reporters that "the Catholic faith is saying, we open our arms to anyone, of any background, whatever -- homosexuals, whatever."

But, she added: "We do not accept the lifestyle of a homosexual ... nor do we allow courting."

Martin also said there could have been an issue of age since a 21-year-old female would not be allowed to attend with Hall either.

Hall, however, has argued that the board has been inconsistent in its application of Catholic doctrine since it allowed a pregnant teen to attend last year's prom, despite the fact that it opposes premarital sex.

Mike Shields, president of Canadian Auto Workers Local 22, disrupted the proceedings after hearing Martin say there would be no discussion since the required seven-days notice had not been given.

However, Martin admitted that she would not allow discussion of the issue even if the notice is given for the next meeting on April 10.

Shields immediately rose and demanded the trustees deal with the issue. Many of about 75 people in attendance also began clamouring for a discussion. Martin then called a five-minute recess and the trustees left the room.

Three police cruisers arrived about 20 minutes later.

A couple of people quoted Catholic dogma and scripture to support Hall.

"Homosexuals should not be persecuted. They should be treated as human beings," Mike Burley, a media relations officer for Interlinks Youth, shouted at Martin.

Close Window to Return to TBC Web Site