January 16, 2004
Sexual Orientation vs. Health Status
Quebec Human Rights Commission spokesperson Ginette L'Heureux said that discrimination on the basis of sexual orientation may be protected under an exclusion clause in the charter but only if the church claimed to be using HIV testing to exclude MSM for reasons of religious belief. However, the exclusion clause would not apply if the church is testing applicants only to determine their health status, she said, the Montreal Gazette reports. Montreal Archbishop Jean-Claude Turcotte on Monday said that the church's decision to require applicants to undergo HIV testing was meant solely to determine the health of the applicant and not his sexual orientation, which could conflict with Quebec's Charter of Human Rights and Freedoms. Turcotte said that the seminary's decision to require HIV testing has "nothing to do with trying to determine" sexual orientation, according to the Gazette. The commission this week plans to examine whether to launch an investigation of the seminary's policy, L'Heureux said (Parkes, Montreal Gazette, 1/14).
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Reprinted with permission from kaisernetwork.org. You can view the entire Kaiser Daily HIV/AIDS Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/hiv. The Kaiser Daily HIV/AIDS Report is published for kaisernetwork.org, a free service of the Kaiser Family Foundation, by The Advisory Board Company. © 2003 by The Advisory Board Company and Kaiser Family Foundation. All rights reserved.