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Professor Scharffs quoted in Christianity Today

BYU Law Professor Brett Scharffs is quoted in Christianity Today:
 
Sarah Eekhoff Zylstra, "Canada's Split Decision on Hiring: Experts, Organizations See Mixed Victory in Recent Court Ruling," Christianity Today, August 19, 2010, http://www.christianitytoday.com/ct/2010/augustweb-only/43-42.0.html
 
The case from Ontario involved a religious organization and its hiring practices, in this instance the employer Christian Horizons who the court found discriminated against a female employee.
 
From the article:
The decision raised several red flags for Bret Scharffs, associate director of the International Center for Law and Religion Studies at Brigham Young University Law School.
 
"Anytime the court says 'objective perspective,' they're about to give their opinion; probably an opinion which is highly colored by their own views," he said.
 
"But what was most troubling was the false dichotomy the court created between those who preach and those who live their faith, said Scharffs. While the compromise looks reasonable, it quickly unravels," he said.
 
"Focusing on whether someone has responsibility for evangelizing is deeply misguided, since the most profound sermons are often silent ones—preached in the performance of charitable service," said Scharffs. "Dismissing those who feed and bathe those who are disabled as not having a central religious function is especially ironic. Far from an 'objective' perspective, it reveals a deeply troubling and very personal belief by the court of what is and is not important."
 
 
The case is: Ontario Human Rights Commission v. Christian Horizons, 2010 ONSC 2105 (CanLII), May 14, 2010, http://www.canlii.org/en/on/onscdc/doc/2010/2010onsc2105/2010onsc2105.html
 
Lower case decision is Heintz v. Christian Horizons, 2008 HRTO 22 (CanLII), April 15, 2008, http://www.canlii.org/en/on/onhrt/doc/2008/2008hrto22/2008hrto22.html

           

Posted:August 20, 2010