The B.C. Civil Liberties Association will intervene on Monday July 28, 2003 in the appeal by Quesnel high school teacher and counselor Chris Kempling against the B.C. College of Teachers. The BCCLA will argue that some of Mr. Kempling’s statements expressed an intention to discriminate against gay and lesbian students or against those who are questioning their sexual orientation. Such statements do not enjoy the protection normally afforded to speech because they express a commitment to act in an intolerant and discriminatory way and are a violation of Mr. Kempling’s professional duties as a teacher and student counselor.
In 2002, the B.C. College of Teachers found that anti-homosexual statements made by Mr. Kempling in letters to the editor that were published in the local newspaper constituted “conduct unbecoming” a member of the teaching profession. Earlier this year, the College imposed a one month suspension as a penalty for his misconduct. Mr. Kempling has appealed these decisions to the B.C. Supreme Court. The BCCLA has been granted intervenor status in the case.
In almost any other context, the BCCLA would defend Mr. Kempling’s right to express anti-homosexual opinions. But here, Mr. Kempling’s statements clearly cross the line by indicating an intention to use his role as a public school counselor to discriminate against homosexual students.
BCCLA Vice President, John Russell said, “Mr. Kempling can no more use his position to persuade homosexual students of the immorality of their behaviour than he could use his position to persuade students of immorality of inter-racial dating or marriage.” Russell added that, “The Supreme Court has held that public schools must reflect and uphold standards of tolerance, respect and equality where homosexuals are concerned. By publicly refusing to be a false teacher about the supposed perversity and immorality of homosexuality, Mr Kempling has clearly promised to violate those legally mandated requirements. Clearly, this is unacceptable.”
Mr. Kempling’s statements that cross the line include: “Sexual orientations can be changed… My hope is that students who are confused over their sexual orientation will come to see me… It could save their lives.” In another letter, Mr. Kempling states: “I refuse to be a false teacher saying that promiscuity is acceptable, perversion is normal, and immorality is simply ‘cultural’ diversity of which we should be proud. Section 95(2) of the School Act states that teachers must ‘inculcate the highest moral standards’. To all my critics I say, 2 Peter 2:4-19. Read it and weep.” To view the BCCLA’s legal argument in full, read it here>>
