By Lloyd Mackey

THE BALANCING of parental and gay rights under Alberta human rights legislation has kept legislators and advocacy groups in combat over the past five weeks.

Then, in the early hours of Tuesday, June 2, after several hours of heated debate, the legislature passed Bill 44. The bill will enshrine gay rights in the province, while giving parents the option of withdrawing their children from classes dealing with curriculum material related to sexual orientation, sexuality or religion.

While Premier Ed Stelmach permitted a free vote, the house divided on party lines: 35 Conservatives favoured the measure and seven from the opposition Liberal and NDP parties voted against it.

Amendments introduced shortly before the vote ensured that parents could not withdraw children from classes where discussions in touchy areas came about spontaneously -- only, rather, when curriculum deals directly with those areas. Further, the bill can be interpreted in such a way that parents could withdraw their children not only when discussion turns to sexual orientation, but when it turns to topics like creationism and evolution, as well.

Bernie Potgan, head of the education program at Ambrose University College, told CC.com he would encourage Christian parents to be optimistic about "the rich opportunities" provided through exposure to diverse views on sensitive issues.

Ambrose is an evangelically-rooted Calgary institution and Potvan is responsible for building the school's teacher education program. Part of his reassurance comes from C. S. Lewis' suggestion that "the universe rings true", he said.

He cautioned that Christian public school teachers, expected to handle sensitive subjects, may find that they receive "knee jerk" reactions from Christian parents.

"The issues are complex. And often, the evangelical response is to look for simple solutions," he suggested.

"For example, as a parent, I want my kids to know that abortion is wrong. But, if the subject is taught [as though it were] right, this presents the richest of opportunities. And it provides for a timely conversation with my (grade eight) daughter."

However, if children have permission to be withdrawn from a class, Ambrose "would want teachers (we educate) to comply," said Potvan.

Despite the current controversy, he predicted that "the bill will go quietly into the night."

Alberta Culture Minister Lindsay Blackett expressed a similar sentiment when Bill 44 came before the legislature. He told the opposition, which voted against the bill, "This will come to pass (and members) will forget about this in another month. Talk to me in a year."

Potvan referred to Jeremiah 29, where the prophet urged those who were in captivity in Babylon to "build homes and plan to stay; plant vineyards for you will be there many years. Marry and have children, and then find husbands or wives for them and have many grandchildren . . . And work for the peace and prosperity of Babylon. Pray for her, for if Babylon has peace, so will you."

Bill 44 came about because of a Supreme Court of Canada decision 11 years ago that directed Alberta to add sexual orientation to its human rights legislation. The relevant act already included provisions against discrimination on the basis of religion, gender and race.

The 1998 high court case ruled in favor of Delwin Vriend, a gay man who had been fired in 1991 from his post as an instructor at King's University College in Edmonton. Vriend, in turn, had been fired because the school, which is linked to the Christian Reformed church, had a lifestyle statement that precluded openly non-celibate gay relationships.

The court ruled provincial governments could not exclude lesbian, gay, bisexual or transgendered (LGBT) individuals from human rights legislation.

The Alberta government steered clear of making the court-urged changes during the years of Ralph Klein's premiership. His successor and fellow Conservative, Ed Stelmach, decided to bring the province's human rights legislation into line with the court ruling and, in the process, to ensure that parental rights were included, as well.

It was the latter that has stirred a fair amount of public discussion in the run up to the passage of Bill 44.

Parents' rights groups defended the bill as it stood. United Mothers and Fathers Canada quoted Article 26 of the Universal Declaration of Human Rights, which says "parents have a prior right to choose the kind of education that shall be given to their children."

Conversely, the Canadian Civil Liberties Association claimed Bill 44 will "help to promote a regime of religious ignorance."

To both groups, Blackett responded that "for myself and for most everybody, it is a simple thing about being a parent and being involved."

Parental, gay and religious rights issues have not been confined to Alberta schools in recent years.

In recent years, what is commonly called the 'Corren agreement' has been strongly debated in British Columbia. Three years ago, a gay couple whose surname is Corren struck an agreement with the BC education ministry that gives the couple the right to vet all curriculum proposals to ensure that teaching materials are 'gay friendly.'

Critics of the agreement maintain that the ministry does not permit the same access to the critiquing process for traditional family proponents.

In Quebec, parents are limited in their right to opt their children out of the province's new Ethics and Religious Culture course. That course was designed to fill a gap left following the deconstruction of the province's religiously-based educational sytems.

And, recently, the California state senate passed a bill asking the governor to "proclaim May 22 of each year as Harvey Milk Day, and . . . designate that date as having special significance in public schools and educational institutions and . . . encourage those entities to conduct suitable commemorative exercises on that date."

Milk was a gay San Francisco civic politician who was assassinated, along with Mayor George Moscone, by a colleague in 1978. He has been viewed, in intervening years, as a gay rights martyr.

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June 4/2009