However, the principal of the school — which does not get government funding — told one of the parents that their same-sex marriage would clash with the school’s teachings, including the biblical belief that marriage is between a woman and a man.

The couple launched a case alleging discrimination based on sex, creed, family status and marital status, but the tribunal ultimately ruled that the school had a legal right to limit who attends the school, based on s. 18 of the Human Rights Code.

“The school has a well-defined and specific set of creedal beliefs, mission statement and mandate. The respondent’s evidence was clear that the school requires all parents to share these values if they are considering the school for their family,” said the ruling.

“While I empathize with the parents’ feelings of unfairness that their child would not be admitted, the respondent made no secret of its beliefs and was upfront that it may not be the right fit for every family.”

Section 18 of the Code states that rights “are not infringed where membership or participation in a religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interests of persons identified by a prohibited ground of discrimination is restricted to persons who are similarly identified.”