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November 30, 2005

Swedish Court Acquits Pastor Ake Green

From http://www.family.org/cforum/news/a0038730.cfm
by Pete Winn, associate editor

For the first time, a nation has passed judgment on whether the biblical
position on homosexuality constitutes hate speech.

In a 5-0 decision, the Swedish Supreme Court today acquitted Pastor Ake
Green of charges he committed a hate crime by preaching a sermon that
condemned homosexuality.

Per Karlsson, a member of the Swedish bar and adviser to Pastor Green,
told CitizenLink from Stockholm that the court cleared the Pentecostal
pastor because it chose not to view his sermon as hate speech and because
the European Court for Human Rights in Strasbourg, France, would have
likely overturned Green's conviction and 30-day sentence on charges he
agitated against a minority group.

"They looked into the details of his case, and looked at his purpose — and
that was to explain his biblically faithful view on the homosexual
lifestyle," Karlsson said.

Green had called homosexuality "a cancer" on society, and Karlsson said
the judges determined there was nothing in Swedish law to bar his
prosecution for the statement, but they also held that Swedish law has to
correspond with the European Convention on Human Rights — which ultimately
protected Green.

"What the court looked into in this case was not really whether he incited
hate and violence, but whether he was showing contempt to a group,"
Karlsson said. "Even though he was using strong language, and he, in a
sense, crossed the line in accordance with the Swedish Criminal Provision
(criminal law), the court decided the Swedish Criminal Provision could not
be applied because that would be violating the European Convention on
Human Rights."

Green told Swedish news outlets he felt "relieved" by the verdict and that
he had been prepared either for acquittal or going to jail.

"Hopefully, we now will feel more free to preach the Word of God,” he told
Swedish television.

Green, however, does not intend to preach again about homosexuality.
"Everyone knows where I stand on that question," he said.

The case drew international attention and Green has become a hero to those
fighting to protect religious freedom.

Benjamin Bull, chief counsel of the Alliance Defense Fund, called the
decision "a huge victory for religious liberty everywhere."

"Voicing one's conscience is a fundamental human right," he said. "In this
contest between religious freedom and the radical homosexual agenda,
religious freedom prevailed.

"We can only hope this will deter other attempts to censor Christian
ministers from delivering Bible-based messages against harmful homosexual
conduct."

Jared Leland, spokesman for the Becket Fund for Religious Liberty, said
the issue before the Swedish high court was neither homosexuality nor
society's perception of homosexual conduct.

"To muzzle a preacher and mute a religious message simply because the
expression is offensive to one, some or many is a fundamental mistake
concerning a fundamental right," Leland said, quoting from a brief his
organization filed with the Swedish court.

Leland, however, told CitizenLink that the question of whether preaching
from the pulpit on homosexuality constitutes a hate crime isn't just a
problem for far-away Sweden. Canada is currently wrestling with it — and
the United States is not immune.

In 2002, he said, Pennsylvania amended its hate-crimes statute to include
gender identity and sexual orientation. The state also made "harassment by
communication" a criminal offense.

"One who is preaching about homosexual conduct, whether it be to his
congregation or to others that are willing to listen," Leland said, "could
conceivably be found guilty under that hate-crimes statute of harassment
by communication."

Reaction in Green's homeland, meanwhile, was mixed. Swedish media reported
that one member of the Swedish Parliament, who identified herself as a
Christian, said she believed Green "would probably go to hell when he
dies."

"That's where you go if you call yourself a Christian and defy the
Christian message of love," Liberal MP Birgitta Rydberg said.
But the leader of Sweden's Christian Democratic Party, Goran Hagglund,
praised the court for its verdict, saying that it's not the role of the
courts to interpret the Bible.

Swedish homosexual activists, meanwhile, indicated they may seek a tougher
law in shutting down "hate speech."

"People are saying that this amendment is useless, and therefore they want
to change the law," Karlsson said. "But I don't think they will be
successful in that."


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