Chris Kempling
Encyclopedia
Christopher Stephen Myles Kempling (born October 15, 1955) is a Canadian
educator and counsellor who was suspended by the British Columbia College of Teachers
and disciplined by the Quesnel School District
for expressing opinions critical of homosexuality
. Kempling challenged the suspension in court, arguing that his right to freedom of expression
had been violated. The British Columbia Court of Appeal
ruled against him, ruling that limitations on his freedom of expression were justified by the school's duty to maintain a tolerant and discrimination-free environment. Kempling filed a complaint with the British Columbia Human Rights Tribunal
alleging that the disciplinary action taken against him by the school district infringed his freedom of religion
; this complaint was dismissed on similar grounds.
Conservative commentators have described Kempling's case as an example of how gay rights in Canada
have come into conflict with freedom of expression and religious freedom, while others have used it to highlight the importance of combating discrimination in public schools.
and counsellor
by the Quesnel School District at a high school
in Quesnel, British Columbia
since 1990. In 1997 he began to write a series of letters to the editor of a local newspaper, the Quesnel Cariboo Observer, disagreeing with the way that homosexuality was being presented in the curriculum. With regard to homosexuality, he claimed:
Among other things, Kempling objected that the British Columbia Teachers' Federation
, the union that represents teachers in British Columbia, was distributing literature produced by the Gay and Lesbian Educators of BC which in his view was erroneous. He also cited various studies that he interprets as showing harm caused by what he described as the "homosexual lifestyle". Kempling, an advocate of conversion therapy, wrote:
The American Psychological Association
and American Psychiatric Association
find insufficient evidence supporting the idea that sexual orientation can be changed and notes that conversion therapy can be harmful, while the American Psychiatric Association
questions the scientific validity of the theories behind conversion therapy, notes reports of harm, and actively recommends against it.
For these letters, Kempling was cited in May 2001 for professional misconduct by the British Columbia College of Teachers (BCCT), the body which regulates the teaching profession in British Columbia. This led to a hearing in May 2002 before the BCCT Disciplinary Committee, which ruled that Kempling’s statements created an environment that was hostile and discriminatory to gay and lesbian students and suspended him for one month.
In a 2004 ruling, the Supreme Court of British Columbia
upheld the BCCT disciplinary action. Kempling appealed this ruling to the British Columbia Court of Appeal
, which affirmed the lower court's decision in 2005. The three-judge Court of Appeal panel found that Kempling’s statements were discriminatory as they were "based on stereotypical notions about homosexuality and demonstrate a willingness to judge individuals on the basis of those stereotypes." While harm to individual staff or students was not established, the Court found that discriminatory statements by a teacher regarding his or her professional duties necessarily harmed the integrity of the school system. Kempling's right to freedom of expression under Section Two of the Canadian Charter of Rights and Freedoms
was found to have been breached, but this limit was found to be reasonable under Section One
, given the importance of "ensuring a tolerant and discrimination-free environment, and restoring and upholding the integrity of the school system." The Court determined that, as Kempling had not introduced evidence to identify his religion or establish its tenets, no violation of his right to freedom of religion could be established.
Intervening on Kempling's behalf in the Court of Appeal hearing were the Evangelical Fellowship of Canada
, the Catholic Civil Rights League, the Christian Teachers Association, The Christian Legal Fellowship, and the British Columbia Teachers' Federation. The British Columbia Civil Liberties Association
and the British Columbia Public School Employers' Association intervened on behalf of the BCCT.
Leave to appeal the Court of Appeal's ruling to the Supreme Court of Canada
was denied in January, 2006.
in January, 2003, and made statements similar to those he had expressed in his letters. In response to this, his school district wrote him a letter instructing him not to express his views on homosexuality in any school setting or publish them elsewhere. In January, 2004, Kempling was interviewed by CBC Radio North, this time about the private counselling service that he was advertising in Prince George
, which offered therapy for gay men who want to become straight.
This interview became the rationale for a formal letter of reprimand
from the Quesnel School District, which concluded that Kempling had contravened their earlier instructions. The disciplinary action was taken with the stated goal of "ensur[ing] that there is no poisoned environment for either students in schools or staff working in Board facilities in the District. District schools must remain places where there is sensitivity to issues and where an atmosphere of tolerance and respect exist."
that his religious freedom was being infringed. In November, 2005, the Tribunal ruled that the comments made in the interview were similar to the statements which the Court of Appeal had found to be discriminatory. Concluding that the Quesnel School District would be able to establish that the restrictions placed on Kempling formed a bona fide occupational requirement necessary to "ensur[e] the school system is free from discriminatory attitudes about homosexuals," the tribunal dismissed the complaint.
candidate in the riding of Cariboo—Prince George
. In that capacity, Kempling wrote another letter to the editor criticizing the recently proposed Bill C-38, the Civil Marriage Act
, which allowed same-sex couples to marry. Quesnel School District suspended him for three months as a breach of its earlier direction.
On 28 January 2008, Kempling was cited again by the BCCT for "conduct unbecoming a teacher." In June 2008, Kempling announced that he was leaving the public school system to work for a private school, allowing him to relinquish his BCCT certification.
In June, 2005, the Bill C-38 parliamentary committee invited Kempling to testify as an official witness.
In a January, 2006 press release issued after leave to appeal his case to the Supreme Court of Canada was denied, Kempling stated: "It is my intention to keep on fighting by filing a formal complaint with the United Nations Commission on Human Rights. While that won't affect today's court decision, it may embarrass Canada into reviewing its alleged commitment to free speech rights for religious minorities."
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
educator and counsellor who was suspended by the British Columbia College of Teachers
British Columbia College of Teachers
The British Columbia College of Teachers is the professional self-regulatory body for teachers in British Columbia. It is responsible for setting and enforcing standards for teachers in the province. It assesses applicants to the profession and issues teaching certificates.-Court cases involving...
and disciplined by the Quesnel School District
School District 28 Quesnel
School District 28 Quesnel is a school district in central British Columbia. Most schools are located in Quesnel with one outlying school in Wells, a small community near the historic gold mining town of Barkerville and another school in the community of Nazko which is 100km west of...
for expressing opinions critical of homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
. Kempling challenged the suspension in court, arguing that his right to freedom of expression
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
had been violated. The British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
ruled against him, ruling that limitations on his freedom of expression were justified by the school's duty to maintain a tolerant and discrimination-free environment. Kempling filed a complaint with the British Columbia Human Rights Tribunal
British Columbia Human Rights Tribunal
The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under the British Columbia Human Rights Code...
alleging that the disciplinary action taken against him by the school district infringed his freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
; this complaint was dismissed on similar grounds.
Conservative commentators have described Kempling's case as an example of how gay rights in Canada
Gay rights in Canada
Lesbian, gay, bisexual, and transgender rights in Canada are the most advanced in the Americas. LGBT Canadians have most of the same legal rights as non-LGBT citizens, and are extended more legal rights than many other nations where homosexuality is legal. Since 2005, Canada has offered civil...
have come into conflict with freedom of expression and religious freedom, while others have used it to highlight the importance of combating discrimination in public schools.
Letters to the editor
Kempling had been employed as a teacherTeacher
A teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...
and counsellor
School counselor
A school counselor is a counselor and an educator who works in elementary, middle, and high schools to provide academic, career, college access, and personal/social competencies to K-12 students...
by the Quesnel School District at a high school
High school
High school is a term used in parts of the English speaking world to describe institutions which provide all or part of secondary education. The term is often incorporated into the name of such institutions....
in Quesnel, British Columbia
Quesnel, British Columbia
-Demographics:Quesnel had a population of 9,326 people in 2006, which was a decrease of 7.1% from the 2001 census count. The median household income in 2005 for Quesnel was $54,044, which is slightly above the British Columbia provincial average of $52,709....
since 1990. In 1997 he began to write a series of letters to the editor of a local newspaper, the Quesnel Cariboo Observer, disagreeing with the way that homosexuality was being presented in the curriculum. With regard to homosexuality, he claimed:
- "I refuse to be a false teacher saying that promiscuity is acceptable, perversion is normal, and immorality is simply 'cultural diversity' of which we should be proud."
Among other things, Kempling objected that the British Columbia Teachers' Federation
British Columbia Teachers' Federation
The British Columbia Teachers' Federation is the labour union that represents all public school teachers in the province of British Columbia, Canada.-Governance Structure:...
, the union that represents teachers in British Columbia, was distributing literature produced by the Gay and Lesbian Educators of BC which in his view was erroneous. He also cited various studies that he interprets as showing harm caused by what he described as the "homosexual lifestyle". Kempling, an advocate of conversion therapy, wrote:
- "Sexual orientations can be changed and the success rate for those who seek help is high. My hope is students who are confused over their sexual orientation will come to see me. It could save their life."
The American Psychological Association
American Psychological Association
The American Psychological Association is the largest scientific and professional organization of psychologists in the United States. It is the world's largest association of psychologists with around 154,000 members including scientists, educators, clinicians, consultants and students. The APA...
and American Psychiatric Association
American Psychiatric Association
The American Psychiatric Association is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the most influential worldwide. Its some 38,000 members are mainly American but some are international...
find insufficient evidence supporting the idea that sexual orientation can be changed and notes that conversion therapy can be harmful, while the American Psychiatric Association
American Psychiatric Association
The American Psychiatric Association is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the most influential worldwide. Its some 38,000 members are mainly American but some are international...
questions the scientific validity of the theories behind conversion therapy, notes reports of harm, and actively recommends against it.
For these letters, Kempling was cited in May 2001 for professional misconduct by the British Columbia College of Teachers (BCCT), the body which regulates the teaching profession in British Columbia. This led to a hearing in May 2002 before the BCCT Disciplinary Committee, which ruled that Kempling’s statements created an environment that was hostile and discriminatory to gay and lesbian students and suspended him for one month.
Court challenge
Kempling challenged his suspension in court, arguing that his treatment violated his rights to free expression because he wrote the letters on his own time, he was expressing common social conservative opinions, and there were no complaints to the school board or the BCCT from the public prior to the disciplinary action. He also said that it was a violation of his religious freedom rights as his views are based on his religious beliefs.In a 2004 ruling, the Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
upheld the BCCT disciplinary action. Kempling appealed this ruling to the British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
, which affirmed the lower court's decision in 2005. The three-judge Court of Appeal panel found that Kempling’s statements were discriminatory as they were "based on stereotypical notions about homosexuality and demonstrate a willingness to judge individuals on the basis of those stereotypes." While harm to individual staff or students was not established, the Court found that discriminatory statements by a teacher regarding his or her professional duties necessarily harmed the integrity of the school system. Kempling's right to freedom of expression under Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
was found to have been breached, but this limit was found to be reasonable under Section One
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
, given the importance of "ensuring a tolerant and discrimination-free environment, and restoring and upholding the integrity of the school system." The Court determined that, as Kempling had not introduced evidence to identify his religion or establish its tenets, no violation of his right to freedom of religion could be established.
Intervening on Kempling's behalf in the Court of Appeal hearing were the Evangelical Fellowship of Canada
Evangelical Fellowship of Canada
The Evangelical Fellowship of Canada is a national parachurch association of over . All affiliated groups identify themselves as part of the evangelical movement in Canada....
, the Catholic Civil Rights League, the Christian Teachers Association, The Christian Legal Fellowship, and the British Columbia Teachers' Federation. The British Columbia Civil Liberties Association
British Columbia Civil Liberties Association
The British Columbia Civil Liberties Association or BCCLA is a non-government organization in British Columbia, Canada dedicated to the preservation, maintenance and extension of civil liberties and human rights in Canada....
and the British Columbia Public School Employers' Association intervened on behalf of the BCCT.
Leave to appeal the Court of Appeal's ruling to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
was denied in January, 2006.
CBC Radio interviews
While his appeals were in process, Kempling was interviewed by CBC RadioCBC Radio
CBC Radio generally refers to the English-language radio operations of the Canadian Broadcasting Corporation. The CBC operates a number of radio networks serving different audiences and programming niches, all of which are outlined below.-English:CBC Radio operates three English language...
in January, 2003, and made statements similar to those he had expressed in his letters. In response to this, his school district wrote him a letter instructing him not to express his views on homosexuality in any school setting or publish them elsewhere. In January, 2004, Kempling was interviewed by CBC Radio North, this time about the private counselling service that he was advertising in Prince George
Prince George, British Columbia
Prince George, with a population of 71,030 , is the largest city in northern British Columbia, Canada, and is known as "BC's Northern Capital"...
, which offered therapy for gay men who want to become straight.
This interview became the rationale for a formal letter of reprimand
Letter of reprimand
A letter of reprimand is a United States Department of Defense procedure involving a letter to an employee or soldier from his or her superior that details the wrongful actions of the person and the punishment that can be expected...
from the Quesnel School District, which concluded that Kempling had contravened their earlier instructions. The disciplinary action was taken with the stated goal of "ensur[ing] that there is no poisoned environment for either students in schools or staff working in Board facilities in the District. District schools must remain places where there is sensitivity to issues and where an atmosphere of tolerance and respect exist."
Human Rights Tribunal complaint
In response to this disciplinary action, Kempling complained to the British Columbia Human Rights TribunalBritish Columbia Human Rights Tribunal
The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under the British Columbia Human Rights Code...
that his religious freedom was being infringed. In November, 2005, the Tribunal ruled that the comments made in the interview were similar to the statements which the Court of Appeal had found to be discriminatory. Concluding that the Quesnel School District would be able to establish that the restrictions placed on Kempling formed a bona fide occupational requirement necessary to "ensur[e] the school system is free from discriminatory attitudes about homosexuals," the tribunal dismissed the complaint.
Further disciplinary action
In 2005, while his case was before the Human Rights Tribunal, Kempling became the Christian Heritage Party of CanadaChristian Heritage Party of Canada
The Christian Heritage Party of Canada, also referred to as CHP Canada, is a federal political party that advocates that Canada be governed according to Biblical principles...
candidate in the riding of Cariboo—Prince George
Cariboo—Prince George
Cariboo—Prince George is a federal electoral district in the province of British Columbia, Canada, that has been represented in the Canadian House of Commons since 2004.-Geography:...
. In that capacity, Kempling wrote another letter to the editor criticizing the recently proposed Bill C-38, the Civil Marriage Act
Civil Marriage Act
The Civil Marriage Act was legislation legalizing same-sex marriage across Canada...
, which allowed same-sex couples to marry. Quesnel School District suspended him for three months as a breach of its earlier direction.
On 28 January 2008, Kempling was cited again by the BCCT for "conduct unbecoming a teacher." In June 2008, Kempling announced that he was leaving the public school system to work for a private school, allowing him to relinquish his BCCT certification.
Activism
Since his initial suspension in 2002, Kempling has spoken publicly about his conflict with the BCCT and Quesnel School District and raised funds for his legal challenges through organizations such as Equipping Christians for the Public-square Centre and British Columbia Parents and Teachers for Life. In 2003, Kempling appeared as a keynote speaker at NARTH's annual conference in Salt Lake City.In June, 2005, the Bill C-38 parliamentary committee invited Kempling to testify as an official witness.
In a January, 2006 press release issued after leave to appeal his case to the Supreme Court of Canada was denied, Kempling stated: "It is my intention to keep on fighting by filing a formal complaint with the United Nations Commission on Human Rights. While that won't affect today's court decision, it may embarrass Canada into reviewing its alleged commitment to free speech rights for religious minorities."