Supreme Court to rule on gay book ban (Canada kindergarten and Grade 1 classes- pic included)

These children's books about same-sex parents were banned from elementary school classrooms by the Surrey school board.

OTTAWA (CP) -- The Supreme Court of Canada is set to rule on a controversial book ban by a British Columbia school board in a case that pits gay-rights activists against parents who view homosexuality as a sin.

The judgment, to be handed down Friday, stems from a 1997 decision by school trustees in Surrey, B.C., who refused to approve three books depicting same-sex parents for use in kindergarten and Grade 1 classes.

James Chamberlain, a gay teacher who wanted to use the books in his class, went to court arguing the board had no power to ban them.

He also maintained, in a more sweeping legal claim, that the action violated Charter of Rights provisions that guarantee equality and bar discrimination against gays and lesbians.

He contended the board decision could lead, for example, to discrimination against the children of same-sex couples.

The board maintained it acted in part because the books simply weren't suitable for five- and six-year-olds. But it also cited opposition to their use by parents who oppose homosexuality on religious grounds.

Surrey is a diverse mix of religions and cultures, with significant communities of Catholics, evangelical Protestants, Sikhs, Muslims and Hindus.

Making the books readily available in the classroom would infringe the freedom of religion of parents who object to their content and who claim the right to offer moral guidance to their children, said board lawyers.

The contending parties engaged in lively debate at a Supreme Court hearing in June, where Joseph Arvay, the lawyer for Chamberlain, argued it's never too early for children to learn about alternative lifestyles.

"It's reality," he said. "Same-sex families are with us. They're in our communities, they're in our schools."

School board counsel John Dives said the fact that some parents object to homosexuality for religious reasons doesn't mean they don't respect gays.

"The parents in the community want to teach their children to respect the rights of homosexuals while at the same time conveying their own moral code," he maintained.

The three books are Asha's Mums, Belinda's Bouquet and One Dad, Two Dads, Brown Dads, Blue Dads. All feature children living with same-sex parents.

The books are not part of the reading list prescribed by provincial education officials. Chamberlain wanted the local board to classify them as learning resources, meaning they would be permanently available in class.

A trial judge sided with Chamberlain in 1998, saying public schools must be strictly secular. The judge said the board exceeded its administrative power in banning the books, but the ruling did not address wider constitutional issues.

It said the books could be banned as classroom learning resources but be made available in the school library. That would let teachers bring them into class for story-time discussion.

Murray Warren, another gay teacher who had joined Chamberlain in the challenge, said the real goal was just to get the books into the classroom.

The board claimed its goal had only been to ensure parents would get advance warning before the books were used, so they could withdraw their children from class if they wanted to.

"The contending parties engaged in lively debate at a Supreme Court hearing in June, where Joseph Arvay, the lawyer for Chamberlain, argued it's never too early for children to learn about alternative lifestyles."

What next, bestiality 101? Never to early to learn that animals aren't just for eatin'.

School is now readin' writin' 'rithmatic and rump riding.

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