A judge who says the benefits to LGBTQ youth outweigh any potential harm has denied a request to put Alberta鈥檚 gay-straight alliance law on hold.

The Justice Centre for Constitutional Freedoms, on behalf of more than two dozen faith-based schools, parents and public interest groups, had requested an injunction until a ruling is made on the law鈥檚 constitutionality.

The law bans schools from telling parents if their children join the peer groups meant to make LGBTQ kids feel welcome and to prevent bullying and abuse.

鈥淭he effect on LGBTQ+ students in granting an injunction, which would result in both the loss of supportive GSAs in their schools and send the message that their diverse identities are less worthy of protection, would be considerably more harmful than temporarily limiting a parent鈥檚 right to know and make decisions about their child鈥檚 involvement in a GSA,鈥� Court of Queen鈥檚 Bench Justice Johnna Kubik said in her decision Wednesday.

The Justice Centre, which argued that keeping parents out of the loop violates their charter rights, had characterized the alliances as 鈥渋deological sexual clubs鈥� that could expose young or otherwise vulnerable kids to explicit material. It also raised concerns that schools鈥� funding and accreditation could be jeopardized if they don鈥檛 comply.

The province and others have argued the law is meant to protect LGBTQ youth, who may be put in harm鈥檚 way if they are outed to unaccepting parents.

Both sides made their case before Kubik in a court in Medicine Hat, Alta., last week.

In her decision, Kubik said the applicants had to establish that there was a serious constitutional issue to be tried, that complying with the law would cause irreparable harm and that refusing their request would cause them more harm than granting it would cause to the other side.

Kubik said she was satisfied the competing charter rights of parents and children is a serious constitutional issue to be heard.

But she dismissed many of the Justice Centre鈥檚 arguments around irreparable harm, including that young and vulnerable children may be exposed to graphic material through the alliances.

鈥淭here is no evidence that any of these materials were ever promoted by the respondent or GSAs generally, or that the materials ever came into the hands of any students through a GSA,鈥� Kubik wrote. 鈥漈here is no evidence that there is a risk of the material being disseminated to students in GSAs.鈥�

She also said she could not determine the reliability of accounts cited by the Justice Centre of children becoming suicidal after being encouraged to dress and behave like the opposite sex at school.

鈥淚 find that the applicants have failed to prove a degree of irreparable harm, which outweighs the public good in maintaining the legislation.鈥�

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鈥� By Lauren Krugel in Calgary

The Canadian Press

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