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y V A L N KI S A L A R O B LAW, RELIGION AND PUBLIC DISCOURSE VOLUME II Professor Jennifer Nedelsky and Professor Roger Hutchinson Faculty of Law University of Toronto Storage 2004 BL 65 .L33N43 2004 V. 2 c. 1 LAW, RELIGION AND PUBLIC DISCOURSE VOLUME II Professor Jennifer Nedelsky and Professor Roger Hutchinson Faculty of Law University of Toronto 2004 Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/lawreligionpubli02nede VOLUME II TABLE OF CONTENTS WEEK 9 Marriage: Chronology, pp. 1-3.1 Court of Appeal for Ontario, June 10, 2003, pp. 1-29.4 Jewish Sources: David Novak, “Religious Communities, Secular Society, and Sexuality: One Jewish Opinion,” in Olyan and Nussbaum, pp. 11-28.33 Independent Gay Forum - “Same Sex Civil Marriage” by Steven Greenberg, solicited for use in Canadian courts as a response to David Novak’s affidavit, pp. 1-3.44 Bill Gladstone, “Some rabbis praise, others berate Canada’s same-sex marriage ruling, pp. 1-2.47 WEEK 10 Interfaith Coalition on Marriage and Family/Evangelical Fellowship of Canada Factum of Intervener re: Court of Appeal for Ontario, pp. 1-31 .49 Marriage Submission, Standing Committee on Justice, On Marriage and the Legal Recognition of Same-Sex Unions, February 13, 2003, pp. 2-17.83 Roman Catholic Sources “Message of the Canadian Conference of Catholic Bishops: Marriage in the Present Day, pp. 1-6 ..100 The Reverend Scott Gale, “A Call for Intense Dialogue”, pp. 1-4.106 Interfaith Coalition for Same-Sex Marriage/United Church Coalition Submission to the House of Commons Standing Committee on Justice and Fluman Rights, February, 2003, pp. 1-10.110 United Church Submission to the House of Commons Standing Committee on Justice and Human Rights, February, 2003 pp. 1-5.121 “Council Tells Federal Government to Legalize Same-Sex Marriages”, pp. 1-2.126 WEEK 11 Bruce G. Miller, “Culture as Cultural Defense” The American Indian Quarterly 22 (1998) 83 .128 Citizens to Preserve Nookachamps Valley et. al v. Skagit County et al. SHB No. 93-14 Before the Shorelines Hearings Board, State of Washington.139 McCrady v. Ontario [1991] O.J. No. 1722 Ontario Court of Justice - General Division.142 McCrady v. Ontario {Minister of Natural Resources) [1992] O.J. No. 2321 Ontario Court of Justice - General Division.146 Poplar Point Ojibway Nation v. Ontario [1993] O.J. No. 601 Ontario Court of Justice - General Division .150 Kelly Lake Cree Nation v. British Columbia (Minister of Energy and Mines), [1999] 3 C.N.L.R. 126.154 Appendix - Declaration of the Registrar of the Cemeteries Act .158 George Vandervelde, “Native Self-government: Between the Spiritual Fire and the Political Fire”, pp. 186-199 in “Towards an Ethics of Community”.159 WEEK 12 Morgentaler v. The Queen, (Summary of case plus Justice Bertha Wilson’s reasons), pp. 1-20 . 174 WEEK 13 The Anglican Church of Canada, Abortion: An Issue for Conscience, pp. 7-11 .194 The United Church of Canada, Abortion: A Study, pp. iii-iv and pp. 33-43.197 Roman Catholic Bishops: “Canadian Catholic Conference Statement on proposed change of Canadian Law on Abortion,” pp. 162-165 .204 British Columbia Civil Liberties Association, “Submission to the Legislative Committee on Bill C-43, An Act Respecting Abortion.”, pp. 1-3.207 The Evangelical Fellowship of Canada, “Abortion in Canada: A Brief to the Legislative Committee on Bill C-43” pp. 1-3.210 Hansard, An Exchange in the House of Commons Between an Alliance M.P. and a B.Q. M.P., pp. 1-3 .213 Jean Porter (Roman Catholic scholar), “Moral Reasoning, Authority, and Community in Veritatis splendor'', pp. 201-219. 216 Law, Religion and Public Discourse Spring 2004 Jennifer Nedelsky and Roger Hutchinson REVISED SYLLABUS Office hours: Jennifer Nedelsky, Thursday 4:00 - 5:30 or by appointment, Flavelle, 323, j [email protected] Secretary: Lynne Ross, Flavelle, 343, [email protected], 416 978-5587 Office hours: Roger Hutchinson, Thursday 4:00 - 5:30 or by appointment [email protected] Office Location: 21 Birge (North End of Emmanuel College Building) Secretary: Dodie Smith, 416 585-4540 What is lost when secularism defines the norms of public discourse in ways that prohibit reference to religious beliefs as the source of claims or arguments? What would an optimal understanding of the secular be? These questions will be explored in relation to different types of discourse (legal, religious, political), different issues (publicly funded religious schools, same sex marriage, abortion), and different faiths or traditions (Aboriginal, Christian, Buddhist, Jewish, and non-affiliated). While the course will address the issue of the separation of church and state, the primary focus will not be on constitutional guarantees of religious freedom. One of the central purposes of the course will be to envision ways in which religious and spiritual beliefs could become respectable dimensions of legal, political, and academic discourse while sustaining a deep respect for pluralism and attending to the dangers that underlie the commitment to the separation of church and state. Evaluation: Graduate students and law students: Class participation (including weekly written comments either on one of the readings or on another student's written comments and an example of a good use of spiritually based public argument to be circulated to the class by Week 10) 25% A 25-page paper due last date for written work. 75% The paper will focus on the main themes of the course and offer a detailed analysis of at least three of the assigned readings. While this is not intended as a large scale research paper, students may wish to use as a central example for their argument an issue that we have not covered. A one paragraph paper outline, with bibliography of materials outside the syllabus, will be due April 1. Evaluation: Undergraduates: Class participation (including weekly written comments either on one of the readings or on another student's written comments, and an example of a good use of spiritually based public argument to be circulated to the class by Week 10) 20% Five page paper on 1 or 2 of the readings. Due Monday February 23, noon. To be turned into Lynne Ross, Flavelle 343. 20% A 15-20 page paper due Monday April 12, noon. To be turned into Lynne Ross, Flavelle 343. 60% The paper will focus on the main themes of the course and offer a detailed analysis of at least three of the assigned readings. While this is not intended as a large scale research paper, students may wish to use as a central example for their argument an issue that we have not covered. A one paragraph paper outline, with bibliography of materials outside the syllabus, will be due April 1. Texts: Michael Perry, Under God: Religious Faith and Liberal Democracy available at the Toronto Women’s Bookstore, 73 Harbord St, just west of Spadina. The rest of the material will be in the “casebooks” for sale at the Faculty of Law bookstore in Falconer Hall. There will be 2 different volumes of the materials. Materials for the first 8 weeks are either from Perry or in Volume 1. WEEKl: Introduction WEEK 2 Roger Hutchinson, “Comparative Ethics and the Mackenzie Valley Pipeline Debate” Roger Hutchinson, “Religion, Morality, and Law in Modem Society” Sulak Sivaraksa, “Buddhism in a World of Change: Politics Must be Related to Religion Thich Nhat Hanh, “The Individual, Society, and Nature” Joanna Macy, “Taking Heart: Spiritual Exercises for Social Activists” WEEKS John Rawls, “Idea of Public Reason Revisited” WEEK 4 Perry, Under God, through Ch. 3, p. 55 WEEKS Elizabeth Shilton, “Religion and Public Education in Canada after the Charter” Benjamin Berger, “The Limits of Belief: Freedom of Religion, Secularism, and the Liberal State EFC, “Submission to the Ontario Standing Committee on Finance and Economic Affairs on Bill 45, Regarding the Equity in Education Tax Credit” EFC, “Fairness in Funding; Submission on Equity in Funding for Religiously based Schools WEEK 6 Jennifer Nedelsky, “Human Rights and Communities of Judgment” Roger Hutchinson, “Reinhold Niebuhr and ‘Contextual Connections’” WEEK? Stephen Macedo, “Transformative Constitutionalism and the Case of Religion: Defending the Moderate Hegemony of Liberalism” Jeremy Webber, “The Irreducibly Religious Content of Freedom of Religion” WEEKS Madhavi Sunder, “Piercing the Veil” WEEK 9 Marriage: Chronology, pp. 1-3 Court of Appeal for Ontario, June 10, 2003, pp. 1-29 Jewish Sources: David Novak, “Religious Communities, Secular Society, and Sexuality: One Jewish Opinion,” in Olyan and Nussbaum, pp. 10-28 Independent Gay Forum - “Same Sex Civil Marriage” by Steven Greenberg, solicited for use in Canadian courts as a response to David Novak’s affidavit, pp. 1-3 Bill Gladstone, “Some rabbis praise, others berate Canada’s same-sex marriage ruling, pp. 1-2 WEEK 10 Interfaith Coalition on Marriage and Family/Evangelical Fellowship of Canada Factum of Intervener re: Court of Appeal for Ontario, pp. 1-31 Marriage Submission, Standing Committee on Justice, On Marriage and the Legal Recognition of Same-Sex Unions, February 13, 2003, pp. 2-17 Roman Catholic Sources “Message of the Canadian Conference of Catholic Bishops: Marriage in the Present Day, pp. 1-6 The Reverend Scott Gale, “A Call for Intense Dialogue”, pp. 1-4 Interfaith Coalition for Same-Sex Marriage/United Church Coalition Submission to the House of Commons Standing Committee on Justice and Human Rights, February, 2003, pp. 1-10 United Church Submission to the House of Commons Standing Committee on Justice and Human Rights, February, 2003 pp. 1-5 “Council Tells Federal Government to Legalize Same-Sex Marriages”, pp. 1-2 WEEK 11 Bruce G. Miller, “Culture as Cultural Defense” The American Indian Quarterly 22 (1998) 83 Citizens to Preserve Nookachamps Valley et. al v. Skagit County et al. SHB No. 93-14 Before the Shorelines Hearings Board, State of Washington McCrady v. Ontario [1991] O.J. No. 1722 Ontario Court of Justice - General Division McCrady v. Ontario {Minister of Natural Resources) [1992] O.J. No. 2321 Ontario Court of Justice - General Division Poplar Point Ojibway Nation v. Ontario [1993] O.J. No. 601 Ontario Court of Justice - General Division Kelly Lake Cree Nation v. British Columbia (Minister of Energy and Mines), [1999] 3 C.N.L.R. 126 Appendix - Declaration of the Registrar of the Cemeteries Act George Vandervelde, “Native Self-government: Between the Spiritual Fire and the Political Fire”, pp. 186-199 in “Towards an Ethics of Community” WEEK 12 Morgentaler v. The Queen, (Summary of case plus Justice Bertha Wilson’s reasons), pp. 1-20