The Law Society of Upper Canada has discovered a problem. Namely, the possibility that lawyers with un-progressive views about sex may be in danger of being admitted to the bar. And to their credit, they’ve taken steps to rectify the issue. By a vote of 28-21, they’ve denied accreditation to Trinity Western Law School.
But, what this suggests is an inability of a majority of the members of the LSUC board of directors, trained lawyers all, to think rationally and devise effective, proportionate solutions. Of course it seems to make sense that a lawyer from TWU might be more likely than average to have the wrong opinions about sex. The reasons are obvious. But how many lawyers can one school really produce? The far greater danger comes from those would-be laywers trained at institutions like Osgoode Hall or the University of Ottawa Law School or any number of public, secular universities. At least with the lawyers from TWU, you could attribute their retrograde opinions about sex to them being sheltered within evangelical institutions until, presumably, their mid to late twenties. They might be persuaded otherwise once they encounter more people who think the correct, acceptable thoughts. On the other hand, lawyers from secular institutions holding wrong opinions about sex have obviously been exposed to to good-think, and yet stubbornly persist with their un-good-think regardless. They may have though through the issues more deeply, and may ultimately be harder to persuade, harder to correct. Obviously the real danger is from them.
So here’s the problem. The LSUC has chosen a disproportionate and ineffective solution to the problem they’ve identified. If they want to stamp out un-progressive views of sex from the lawyerly profession, they need to go directly to the source. They need to investigate individuals before admitting them to the bar, not deny accreditation to particular law schools. Proper questioning and mandatory re-education classes perhaps need to be added before allowing lawyers to practice law. Which doesn’t address the problem of lawyers already admitted to the bar with the wrong opinions. I suspect there must be a few.
What they really need is an inquisition.