HATE SPEECH LEGISLATION IN SWEDEN

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Overview:

Sweden passed a constitutional amendment during 2002 which included sexual orientation among a list of groups protected from being targeted by "unfavorable speech." The law protects persons of all sexual orientations equally: heterosexuals, bisexuals and homosexuals. In practice, it will probably only be used to criminalize verbal attacks on homosexuals and those bisexuals who engage in same-sex behavior.

On 2004-JUN-29, a Pentecostal pastor was convicted of directing hate speech against homosexuals during a 2003-JUL-20 sermon in his church. He was sentenced to 30 days in jail by a district court. An appeals court overturned his conviction. However, the prosecutor has appealed the case to the Supreme Court and has asked that the pastor be given a sentence of six months. The Supreme Court heard the case in 2006-NOV and is expected to issue its ruling in 2006.

Many in the conservative Christian community in North America were alarmed at this development. They feared that a similar threat might materialize against their personal freedom to cite their beliefs that homosexual behavior and homosexual orientation are sinful and immoral.

2002-MAY: Swedish Parliament gives initial approval to bill:

Sweden's parliament, the Riksdag, narrowly passed, on its first reading, a bill which would criminalize "hate speech" which targeted individuals or groups who fall into certain protected classes. 56% of the members voted in favor of the bill. It was initially motivated because of problems of hate speech by neo-Nazis against racial and/or religious minorities. Sentences could result in two years in jail. However, hate speech would also be criminalized under this law if it were directed against people because of their sexual orientation. This was generally reported in the conservative Christian media as "criminalizing 'hate speech' against homosexuals." ₁ While this is correct, it is only part of the story. In fact, the bill does not mention homosexuals, only sexual orientation. It would protect heterosexuals, bisexuals and homosexuals equally. However, it would probably be only used to protect gays, lesbians and bisexuals in practice, because hate speech against the dominant sexual orientation -- heterosexuals -- is rare.

Unlike the 2004 hate propaganda law in Canada, commonly referred to as C-250, it offers no exclusions for religiously motivated hate speech. The Swedish bill specifically criminalizes hate speech in "church sermons."

Göran Lambertz is the Swedish chancellor of justice in Sweden. One of his tasks is to monitor civil rights in the country. He sent a note to the Riksdag stated that a pastor delivering a sermon in church who stated that homosexual behavior was sinful "might" be considered as having committed a criminal act under this bill. He subsequently told Christianity Today magazine that the bill focused on "dangerous Nazi campaigning," and not on Christian speech. But he stated that:  "The same rules apply everywhere, and I am sure there will be court cases defining [hate speech] also in the religious context."

 Some reactions to the passage of the bill:

2003-Fall: Swedish hate speech bill passed:

The Riksdag passed the bill on its second reading. It is now part of the Swedish consitution.  ₂ It became enforceable on 2003-JAN-1

This essay continues below.

The first conviction under the Swedish law:

Sometime in 2003, Pastor Åke Green delivered a sermon at his Pentecostal church in Borgholm, Sweden. It was titled: "Is Homosexuality Genetic or an Evil Force that Plays Mind Games with People?" He cited the main "clobber" passages in the Bible that have often been used to attack homosexual behavior. He said that:

The following contains excerpts from his 12 page sermon:

"The Bible clearly teaches about these abnormalities. Sexual abnormalities are a deep cancerous tumor in the entire society. The Lord knows that sexually twisted people will rape the animals. ....Because of these sins, the land will vomit out its inhabitants. The political response to this in our country is then what Paul talks about: 'We know God's righteous decree that those who live that way deserve death. Still it is in that very way they live, and worse yet, they think it is good when others do it.' [Paraphrase of Romans 1:32.] "

"Our country is facing a disaster. Who is to say that we cannot have an earthquake where hundreds of thousands of people could die in an instant? Who is to say that we cannot have any monsoon rains that drown thousands of people in our country? Who is to say that other catastrophes cannot reach Scandinavia? ....God can turn it around, so that the inhabitants of our land may experience precisely these [events]. We may  be vomited out of the land because our nation has left God. This is devastating."

"To think that approximately 300 of our popularly elected officials have led us down a road to catastrophe. As they have adopted these laws of [domestic] partnership and let people live as they wish. And today they cannot fathom the consequences of the decisions they have made. Only time will tell about this. We have gotten to learn words like 'incest, pedophile, and child molestation.' Words that make us shudder, that belong to the abnormalities....."

"All homosexuals are not pedophiles or perverts. They nevertheless open the door to forbidden areas and allow sin to take hold of the life of the mind. And the one who is a pedophile today does not start out as such. They simply begin by changing their gender relationships. That is how it began. To be 'faithful' in a homosexual relationship is in no way a better relationship than where you frequently change partners. It is equally detestable in the eyes of God. From God's perspective it is to be rejected, and from God's perspective it is as much sin if you frequently change partners as it is to live in a [committed] homosexual relationship. It makes no difference before God's Word......"

"Those who live that way are not a child of God and cannot be one. We must say it so people hear it. Do not fool yourselves, dear people. It is deceit of the highest level if you think you can fool yourselves. For the Devil says: 'You can be a Christian, and you can be good as a Christian, and you can live like this anyway.' 'You can be faithful in your partnership,' says the enemy of souls. However, the Word of God says something else. Delusions that lead to punishment..."
 

He was charged with inciting hatred against a group of people on the basis of their sexual orientation.

After trial, Green was found guilty and sentenced to one month in prison. Public prosecutor Kjell Yngvesson is reported as saying: "One may have whatever religion one wishes, but [the sermon] is an attack on all fronts against homosexuals. Collecting Bible [verses] on this topic as he does makes this hate speech." Christianity Today magazine reported: "In his defense, the pastor said he merely wanted to make clear the biblical view on homosexuality, not to express disrespect." Green's lawyer said that the law and conviction violated the pastor's religious freedom. Soren Andersson, president of RFSL, said that religious freedom never justifies attacking people. He said: "Therefore, I cannot regard the sentence as an act of interference with freedom of religion."

A search on the Google.com search engine using the string "Ake Green" found 605 hits. Some relate to "Ake Ake," exotic shrubs which happens to come in a green variety. But most of the hits are to articles on this event published on conservative Christian web sites.

The conviction occurred a few months after Canada's similar hate propaganda bill -- C-250 -- became law. However, the Canadian law has a specific clause exempting hate propaganda speech if motivated by religion. C-250 and the law under which Green was prosecuted are frequently linked in conservative Christian information sources. However, it is important to realize that Green could not have been prosecuted in Canada under C-250. A person in a religious setting is allowed to attack any group, whether identified according to gender, sexual orientation, religion, race, skin color, etc.; they are immune from prosecution. ₃

Pastor Green successfully appealed his conviction to an appeals court. _5,6 However, the prosecutor appealed that decision to the Supreme Court. Jared Leland of the Becket Fund for Religious Liberty (www.becketfund.org), wrote an amica curia ("friend of the court") brief in support of Green. He said: "Pastor Green’s entire speech was based on Biblical interpretation. It does not threaten anyone; it does not call people to action to place the public order in disarray." ₆

Swedish Supreme Court clears Green:

In a unanimous 5 to 0 ruling, the Swedish Supreme Court cleared Ake Green of the charge that he committed a hate crime. Per Karlsson, a member of the Swedish bar and adviser to Pastor Green, speculated that the court chose not to view his sermon as hate speech, and because the European Court for Human Rights would probably have overturned Green's conviction and sentence. Karlsson said:

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

In reaction to the ruling:

".....a huge victory for religious liberty everywhere....Voicing one's conscience is a fundamental human right. 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." ₈