Nearly 6,000 B.C. lawyers — about half the profession — have voted to have the provincial law society withdraw accreditation from a proposed law school at Trinity Western University.

In a historic provincewide poll conducted this month, 5,951 lawyers (about 75 per cent) voted to withdraw accreditation from the school, compared with 2,088 who wanted to maintain the society’s earlier approval of the new law faculty.

The referendum required one-third of the 13,530-member profession to participate — practicing, retired and non-practicing lawyers were entitled to vote — and a two-thirds majority of those voting in order to pass and be binding on the society.

The governing benchers will discuss the results today and presumably make the about-face official.

The Langley-based university’s spokesman, Guy Saffold, said it was disappointed with the vote.

“Trinity Western believes in diversity and the rights of all Canadians to their personal beliefs and values,” he said, noting gay and lesbian students attend and graduate from the institution.

“A person’s ability to study and practise the law should not be restricted by their faith.”

He urged the benchers to reject their promise to respect the referendum result and refrain from withdrawing approval of the school, set to open in 2016.

“The benchers still have the opportunity to do the right thing, and we are encouraging them to think very carefully before passing any resolution against TWU,” said Saffold.

The benchers originally endorsed the school April 11 but thousands of lawyers rose up in revolt and at a special general meeting June 10 demanded their governors reconsider.

At that passionate gathering, an overwhelming number of the lawyers — 3,210 to 968 — demanded the benchers reverse their decision.

They objected to the Evangelical institution’s practice of having staff, faculty and students sign a Community Covenant that among other tenets restricts sex to traditional marriage between a man and woman.

On Sept. 26, the benchers decided to put the question to the entire membership in the unprecedented plebiscite.

Victoria lawyer Michael Mulligan, one of the leaders of the movement to reverse the society’s approval of the TWU law school, was ecstatic.

“I thought it was a fantastic showing, for the second time, by the legal profession,” he said.

“The large return and clear result sends an important message about the core values of the legal profession that include upholding the legal rights of all persons. The clear message to TWU is this: if you wish approval from the legal profession in B.C. you will need to cease your discriminatory practices. The discipline or expulsion of students and staff for private sexual activity is unacceptable.”

Law societies in Ontario and Nova Scotia already have taken a stand against the proposed law school over its covenant, triggering litigation.

There now are court cases in those provinces and in B.C., which is where the debate will be resolved.

It is expected the Supreme Court of Canada will be the final arbiter of the dispute that brings under scrutiny the scope of religious freedom.

Although the high bench issued a split ruling in 2001 on a similar dispute involving TWU and B.C. teachers — in which it OK’d the covenant — many believe the issue needs to be revisited, given broad societal changes and the development of civil rights jurisprudence

imulgrew@vancouversun.com

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