'He's an example we cannot approve,' lawyer says of Marc Hall

A Roman Catholic school board can't let a gay student take his boyfriend to the prom because he is a "bad example" and doing so would condone homosexual relationships, a lawyer argued in court today.

"He's an example we cannot approve," said Durham District Catholic School Board lawyer Peter Lauwers. "He's a bad example from a Catholic perspective and what he wants to do is not consistent with teachings of the church."

Marc Hall, a 17-year-old who attends Monsignor John Pereyma Catholic high school in nearby Oshawa, is asking the Superior Court of Justice for an injunction to allow him to take his boyfriend, Jean-Paul Dumond, 21, to his prom Friday.

Marc's father Audy Hall said outside the court he thought his son was a good example. "He's an example of somebody with a lot of courage who's fighting for something he believes in."

Lauwers told the court the school board has the right under the Constitution to run its schools in accordance with Catholic teachings and if Hall doesn't like it he can go to a public school.

"The ability to take matters of faith into account when we make decisions about the conduct of students is clearly within our denominational rights."

He said the judge would be setting a dangerous precedent if he ruled in Hall's favour. It would take away the school board's right to act "in a Catholic perspective in a situation where faith, teaching and school administration intersect.

"For Mr. Hall, it's just one night, but for the board the decision is much more profound," Lauwers told the court.

He said the judge must look at what Catholic school is all about: infusing Catholic values into education.

"We're about indoctrination, plain and simple."

Hall said outside the court he agrees with everything the Catholic Church says, except its views on homosexuality.

"You know, they say love and respect thy neighbour, but I don't see them doing that right now," Hall said leaning on the arm of his boyfriend.

He said he will continue to attend Catholic school when the prom and the court case are behind him.

Hall's lawyer David Corbett told the court the board should teach its values in the classroom, not through extracurricular activities.

Lauwers said Hall and other gay students can attend school dances if they follow the rules of the board and go "stag."

"But if they manifest romance they would be stopped," Lauwers said.

"So they can't dance?" Justice Robert MacKinnon asked.

"I'm having a good time, but I can't dance," MacKinnon said to laughter from court spectators.

Douglas Elliot, another lawyer for Hall, said outside the court the judge illuminated just how "absurd" the board's position is.

Hall's lawyers argued Monday the board violated the Ontario Human Rights Code, the Education Act and the provincial Code of Conduct that all bar discrimination on the grounds of sexual orientation.

Corbett argued the church's right to consider religious values when regulating student's conduct doesn't trump Hall's human rights.

The larger question to be answered at a trial, he added, is whether Catholic schools can "say to their gay and lesbian students, suffer discrimination by our hand, or leave."

The board says it accepts gay people, but doesn't condone a gay lifestyle.

Lauwers noted the Catholic tradition follows a well-established practice of making a sharp distinction between person and conduct.

He quoted bishops who said attending the prom is an act of courtship that leads to marriage, the only context in which sex is allowed and an option for heterosexuals only.

Gay students can attend basketball games and other school functions together, if they aren't romantically involved, Lauwers told the court.

But if they kiss, hold hands or dance on school property, they could be disciplined, even suspended or expelled.

MacKinnon reserved his decision Tuesday, calling it the most difficult in almost 10 years as a judge.

He said he will attempt to provide his ruling in time for Friday's prom.