School Board To Fight Gay Injunction
by Jack Siu
365Gay.com Newscenter in Toronto

(April 11, Toronto)  Ontario Superior Court has been asked to grant an emergency injunction against a suburban Toronto Catholic school board which has barred a student from bringing his boyfriend to the prom.

The application for the injunction was filed Wednesday afternoon.  The court said it would set a date on April 19 to hear arguments from both the board and from lawyers for Marc Hall, the 17 year old who is challenging the ban. 

The A student was told by his principal at Monsignor John Pereyma Catholic Secondary School, in Oshawa,  that the Catholic Church could not permit a same-sex date at the prom.  On Monday, the Durham Catholic District School Board upheld the decision and on Wednesday, Suzanne Scorsone, a spokesperson for the Roman Catholic Archdiocese of Toronto, which includes the school, said taking a date to a prom is "exploration that will lead to a decision about marriage," and is therefore subject to the Church's unequivocal proscription of homosexuality.

"People have a choice as to whether they attend a Catholic school or not. There are other options available to them, and for people to choose to be practising Catholics ... [is to] acknowledge the rightness of the teachings themselves," she said.

Christine Bilas, a spokesperson for the board refused comment to 365Gay.com.  Bilas would only acknowledge that it had received a legal notice from Hall's lawyers.

Canada's leading civil rights lawyer, David Corbett is representing Hall.

Corbett told a news conference shortly after the legal papers were filed that he is seeking two rulings from the court: That the board be restrained from preventing Marc from attending the prom, and that the board be enjoined from cancelling the event altogether.

"We would hate to think that just to prevent Marc from going to the prom the board would deprive all of his classmates of the most important social event of their year," Corbett said.

He also said that he was seeking damages and a declaration from the board that its decision was in violation of Canada's Bill of Rights.

Corbett said that he had decided on court action, rather than going to the Ontario Human Rights Commission because "time is of the essence."  The prom is scheduled for next month.

The Roman Catholic school system enjoys special constitutional privileges and courts have been reluctant to rule in cases involving human rights and the church.  But, this is believed to be the first legal challenge brought by a student.

Corbett said Hall's challenge does not involve church teachings, but the policy of one board.

He said that the board violated the Charter of Rights and Freedoms in the Constitution which guarantees equal rights for gays and lesbians.  He also said it was in violation of Ontario's gay rights laws, and he said, it is in direct conflict with the Ontario Code of Conduct for Boards of Education receiving public money.

The Roman Catholic school system in Ontario receives tax dollars from the provincial government.

Because Hall is a minor, gay Member of the Ontario Parliament, George Smitherman has agreed to be his litigation guardian.  Should Hall loose, it would mean Smitherman, the MPP for downtown Toronto, would be on the hook for all costs related to the case on both sides.

Smitherman told 365Gay.com he is not worried.  "I am confident that should financial resources be required the broad community that supports Marc will step in."

Tonight Hall will receive a Community Service Award from EGALE, Canada's national GLBT rights organization.

The award will be presented by Allan Rock, the federal minister for trade at a gala on Parliament Hill.

Updated 3:38 pm, April 11, 2002
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