Hall v Durham Catholic School Board was a 2002 court case in which Marc Hall, a Canadian teenager, fought a successful legal battle against the Durham Catholic District School Board to bring a same-sex date to his high school prom. The case made Canadian and international headlines.
Hall v Durham Catholic School Board began when Oshawa, Ontario's Monsignor John Pereyma Catholic Secondary School asked students attending the prom to submit the names of the guests they intended to bring. Hall, who is gay, submitted the name of his 21-year-old boyfriend, Jean-Paul Dumond, and was denied on the grounds that homosexuality is incompatible with Roman Catholic teaching.[ citation needed ]
Supported by his family and a wide variety of community organizations, Hall thus took the school board to court in a two-day hearing that began on May 6, 2002. Hall's lawyer, David Corbett, argued that the denial of his request violated the Ontario Education Act, which requires school boards in the province not to discriminate. The school board, on the other hand, argued that court interference in its decision would amount to denying its religious freedom.
Corbett argued that an organization that accepts public funding (Catholic school boards in Ontario are fully funded in the same manner as public schools) has to be accountable to the same laws (including anti-discrimination laws) as other public institutions. The school board's lawyer countered that Section 93 of the Canadian constitution protects the Catholic board's rights to conduct its affairs in accordance with Catholic teaching.
In addition, Corbett noted that while extramarital sex is also contrary to Catholic teaching, the school board had previously allowed pregnant, unmarried students to attend the prom.
On May 10, Justice Robert McKinnon granted an interlocutory injunction ordering that Hall be allowed to attend the prom with Dumond and also that the school does not cancel the prom. [1] He did not decide on the larger issues raised by the case, leaving those to be heard at a later trial. Hall attended the prom with Dumond that evening.
The case was set for trial in October 2005. In June 2005, Hall applied to discontinue the action and not proceed to trial; this was opposed by the school board, which desired a final judgement on the case. Hall's application was granted by Justice Bryan Shaughnessy on June 28, 2005, [2] thereby ending the case.
Director Larry Peloso created a one-hour documentary on the case entitled Prom Fight: The Marc Hall Story . An unrelated television movie, Prom Queen: The Marc Hall Story , aired on CTV in 2004 with Aaron Ashmore starring as Hall. [3]
Hall also appeared in the Queer as Folk season 2 finale as a party guest during the Rage party at Babylon. [4] [5]
Hall later recounted a story from the prom in the 2019 documentary film Take Me to Prom . [6]
The case was adapted into a theatrical musical entitled Prom Queen, with songs by Colleen Dauncey and Akiva Romer-Segal. [7] [8]
The Louder We Get, originally produced as Prom Queen, debuted in Calgary, January 28-February 22, 2020 as part of the 2019-20 Theatre Calgary season. [9]
Author Robert Joseph Greene referenced the court case in his book This High School Has Closets, where Marc Hall is seen as a hero to the main character. [10]
Same-sex marriage was progressively introduced in several provinces and territories of Canada by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the Civil Marriage Act on July 20, 2005. On June 10, 2003, the Court of Appeal for Ontario issued a decision immediately legalizing same-sex marriage in Ontario, thereby becoming the first province where it was legal. The introduction of a federal gender-neutral marriage definition made Canada the fourth country in the world, and the first country outside Europe, to legally recognize same-sex marriage throughout its borders. Before the federal recognition of same-sex marriage, court decisions had already introduced it in eight out of ten provinces and one of three territories, whose residents collectively made up about 90 percent of Canada's population. More than 3,000 same-sex couples had already married in those areas before the Civil Marriage Act was passed. In 2023, polling by Pew Research suggested that more than three-quarters of Canadian residents supported the legal recognition of same-sex marriage. Most legal benefits commonly associated with marriage had been extended to cohabiting same-sex couples since 1999.
A gay–straight alliance, gender–sexuality alliance (GSA) or queer–straight alliance (QSA) is a student-led or community-based organization, found in middle schools, high schools, colleges, and universities. These are primarily in the United States and Canada. Gay–straight alliance is intended to provide a safe and supportive environment for lesbian, gay, bisexual, transgender, and all LGBTQ+ individuals, children, teenagers, and youth as well as their cisgender heterosexual allies. The first GSAs were established in the 1980s. Scientific studies show that GSAs have positive academic, health, and social impacts on schoolchildren of a minority sexual orientation and/or gender identity. Numerous judicial decisions in United States federal and state court jurisdictions have upheld the establishment of GSAs in schools, and the right to use that name for them.
This is a list of notable events in the history of LGBT rights that took place in the year 2002.
Egale Canada is a Canadian charity founded in 1986 by Les McAfee to advance equality for Canadian lesbian, gay, bisexual and transgender (LGBTQ) people and their families, across Canada.
Aaron Fricke is an American gay rights activist and author. He was born in Pawtucket, Rhode Island. He is best known for Fricke v. Lynch, a legal case in which he won his first amendment legal right to attend prom and for his autobiography Reflections of a Rock Lobster in which he details growing up gay culminating at that high school dance.
Prom Queen: The Marc Hall Story is a 2004 Canadian biographical drama television film directed by John L'Ecuyer and written by Michael MacLennan. Aaron Ashmore stars as Marc Hall, a gay Canadian teenager whose legal fight to bring a same-sex date to his Catholic high school prom made headlines in 2002. The film aired on CTV on 1 June 2004.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Canadian lesbian, gay, bisexual, and transgender (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
Section 29 of the Canadian Charter of Rights and Freedoms specifically addresses rights regarding denominational schools and separate schools. Section 29 is not the source of these rights but instead reaffirms the pre-existing special rights belonging to Roman Catholics and Protestants, despite freedom of religion and religious equality under sections 2 and 15 of the Charter. Such rights may include financial support from the provincial governments. In the case Mahe v. Alberta (1990), the Supreme Court of Canada also had to reconcile denominational school rights with minority language educational rights under section 23 of the Charter.
William Gary Whatcott, known as Bill Whatcott, is a Canadian social conservative activist who campaigns against homosexuality and abortion. The dramatic nature of his activities have attracted attention from the media, including an appearance on The Daily Show. He has also run for political office in Toronto, Saskatchewan and Edmonton.
This is a timeline of notable events in the history of the lesbian, gay, bisexual and transgender (LGBT) community in Canada. For a broad overview of LGBT history in Canada see LGBT history in Canada.
David Corbett is a Canadian lawyer who gained international acclaim when, in 2002, he argued Marc Hall v. Durham Catholic School Board, a case that pitted the rights of a homosexual couple against the rights of a religious institution.
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.
Fricke v. Lynch, 491 F. Supp. 381, was a decision in the United States District Court for the District of Rhode Island that upheld the right of Aaron Fricke to bring a same-sex date to a high school dance. The Court ruled that existing free speech doctrine protected gay and lesbian students' rights to attend their proms with same-sex dates of their choice. The case was "one of the first successful victories in the courtroom for an LGBT issue involving young people, and is routinely cited each year in numerous cases surrounding the rights of students to bring same-sex dates to school functions."
Schmidt v Calgary Board of Education is the basis for the legal requirement in Alberta that, where a separate school jurisdiction exists, members of the minority faith that established the separate school jurisdiction must be considered and treated as residents, electors, and ratepayers of the separate school jurisdiction. This decision was handed down prior to the enactment of the Charter of Rights and Freedoms, and it has not been appealed to the Supreme Court of Canada so it is not ultimately determinative of the issue.
Although same-sex sexual activity was illegal in Canada up to 1969, gay and lesbian themes appear in Canadian literature throughout the 20th century. Canada is now regarded as one of the most advanced countries in legal recognition of lesbian, gay, bisexual, transgender and queer (LGBTQ) rights.
This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.
The Justice Centre for Constitutional Freedoms (JCCF) is a Canadian legal advocacy organization specializing in a social conservative approach to the Canadian Charter of Rights and Freedoms. The libertarian organisation has partnered with several right-wing backers in the United States.
Take Me to Prom is a Canadian documentary film, directed by Andrew Moir and released in 2019. The film traces the evolution of LGBTQ acceptance in society by asking a multigenerational selection of LGBTQ people to recount a story from their high school prom.
Todd J. McCarthy is a Canadian lawyer and politician who has been the Minister of Public and Business Service Delivery and Procurement since September 22, 2023. A member of the Progressive Conservative (PC) Party, McCarthy was elected in the 2022 provincial election to represent Durham in the Legislative Assembly of Ontario.