Ruling (.pdf) - International Center for Law and Religion Studies

a rational connection between the qualification and a subjectively defined impression ofthe “nature of the employment.” Without consideration of whether the actual activity ofthe organization, the services it provides, and the job functions in the provision of thoseservices, necessitates the imposition of the discriminatory qualification, the objectiveelement is completely robbed of any meaning.[182] Rev. Reese was asked a number of questions in cross-examination about thebasis for the prohibitions contained in the Lifestyle and Morality Statement. Referring toan earlier version of a Lifestyle Statement:Q. And in 1976, if you recall, was there a discussion about thecontent of the lifestyle document complying with the law at thetime?A. We recognized that everything that Christian Horizons didneeded to conform to first of all the laws of God, and secondly,as much as is possible, to the laws of man.Q. I'm talking about the employment laws of Ontario. Wheredo they fit?A. We sought to fit those -- those regulations.Q. So the morality standards of 1976 that you imposed on thestaff, you're saying they complied with the employment laws ofOntario at 1976?A. As I understand it, they did, but with the recognition that as aprivate interchurch Evangelical Christian organization, we hadbuilt into that document more detail than would be seen in thedocuments that would have been provincially used.Q. I don't understand what you're saying.A. Let me try to help you.Q. Yes.A. We recognized that in a pluralistic society, organizations thatare seeking to serve pluralistically are limited in how far theycan go in the detail of a lifestyle statement. But as a Christianorganization, we did not feel that limitation; rather we sensedthe responsibility to reflect clearly what the Bible instructs onlifestyle.Q. Okay. So if I get you, you're saying that we make up ourown rules based on what we believe?A. I would prefer not to say we make up our own rules, but weseek to determine what God's rules are and obey them.Q. And that's your first responsibility, to the rules establishedby God?A. As Peter said in Acts chapter 5 to the leaders of his day, hesaid, "We ought to obey God rather than man," and when --2008 HRTO 22 (CanLII)54