ABSTRACT

This chapter examines some issues behind the Canadian debate over the proposed opening of a Christian law school, the potential Trinity Western University (TWU) law school. It explores the parallelism between claims being put to manifest religious identity and claims being put to manifest sexual identity, trying in the process to show the seriousness of each manifestation of identity through reference to deeper historical roots and pertinent contextual considerations. The chapter considers whether either side has an easy way out of this parallelism, by which it can claim that its claims should be respected but the other side's should not, ultimately concluding that the established parallelism calls for legal respect for both claims. Finally, it shows the implications that result, which include TWU's legal ability to open a law school but that involve a middle path different from that which its advocates might prefer, with a suggestion that solutions within the debate similarly need to be built upon considered foundations.