Viewpoint posted a report a couple of months ago on the case of a Swedish pastor who was convicted of hate speech and sentenced to a month in prison for preaching against homosexuality. Now that conviction has been overturned on appeal. Here are excerpts of the story from an English language Swedish newspaper called The Local:
The Swedish pastor sentenced to prison for a sermon that was said to spread hatred against gay people has had his conviction quashed on appeal, in a verdict that a Swedish gay rights group has called "disturbing".
Ake Green, a pentacostalist pastor from Borgholm on the Baltic island of Oland, was convicted last year by a court in Kalmar under Swedish laws banning 'agitation against minority groups'.
In the original verdict, the court ruled that certain phrases in his sermon amounted to an attempt to stir up hatred of homosexuals. During the sermon, copies of which were later distributed by Green to local media, the pastor called homosexuality a "cancer on the face of society", and said that homosexuality could lead to bestiality and pedophilia. The court sentenced him to one month in prison.
Overturning the earlier ruling, the appeal court in Jonkoping said that there was "no evidence that the pastor was using his preaching as a cover to attack homosexuals," arguing instead that Green was clarifying his beliefs and his interpretation of biblical passages.
Green's conviction had also been attacked by the Swedish press ombudsman, Olle Stenholm, who said that Green should be made to defend his statements in a "free and open debate".
The appeal court agreed, but it is unlikely to be the end of the matter: prosecutors see this as an important test case. Before the appeal, Kjell Yngevesson said that he intended to take the case to the supreme court if he lost.
Gay rights groups have declared their disappointment. RFSL spokeswoman Maria Sjodin said in a press release that the verdict was "disturbing", when hate crime is "on the rise."
"Agitation, whether it is based on religious or neo-Nazi beliefs, legitimizes violence," she continued. "The verdict would have been very different if Ake Green had agitated against black people or Jews."
Of course, it probably hasn't occurred to this spokeswoman that homosexual behavior is categorically different from race or ethnicity. Behavior is, or should be, legitimately subject to moral criticism. Race and ethnicity, being matters which are not chosen by individuals, are not.
Leaving aside the question of whether the pastor's judgments were correct, the idea that moral criticism constitutes hate speech and should therefore be illegal is self-refuting. After all, if it is hate speech to make public moral judgments then the public judgment that hate speech is wrong, being a moral judgment, is itself a form of hate speech and should be illegal. Thus, to condemn the pastor's behavior on the grounds that his moral objections to homosexuality constitute hate speech, is itself an expression of hate and should be prosecuted.
Closer to home the free expression of opinion about the moral standing of homosexuality and dissent from the current orthodoxy lead, perhaps, an even more precarious existence than in Sweden. Consider the case of four anti-gay protestors in the City of Brotherly Love.
During Philadelphia's annual homosexual "Outfest" rally, 11 Christians were herded into a police truck for refusing to obey a police order to relocate, and for using signs and megaphones to proclaim Scripture verses during the gay-pride celebration. The Christians are members of the evangelistic group Repent America.
Repent America director Michael Marcavage, 25, is facing three felony charges and five misdemeanors. The felonies include conspiracy, inciting to riot, and ethnic intimidation-a charge filed under the state's hate-crimes law, which specifically mentions sexual orientation as one object of hate speech. Charges against seven of the Christians were dismissed. The others are now known as the "Philadelphia Four."
"This is the first time in this country where singing hymns, praying, and reading biblical passages have been described as 'hate speech' and 'fighting words,'" said Brian Fahling, senior trial attorney for the American Family Association Center for Law and Policy. Fahling has filed a federal suit to stop his clients from being tried by the Philadelphia courts.
Cathie Abookire, spokeswoman for the Philadelphia district attorney's office, said the case was "not about content of speech" but "conduct and behavior."
During the incident, which happened in October, several of the Christians were calling out, "Sodomists repent. You're going to hell," a police officer testified.
Marcavage said the case is about free speech. "The hate-crimes legislation is being used to target Christians who call homosexual behavior sin."
On January 21, Judge Pamela Dembe dissolved an order prohibiting the accused from gathering within 100 feet of any gay-rights event, calling the order "an unreasonable restriction on a person's right to speak."
In Philadelphia speech is free and unfettered as long as it conforms to politically correct norms and does not offend members of a legally privileged group. Marcavage and his friends could have stood on the corner shouting obscenities and they probably would've received a slap on the wrist from the Philadelphia police, no matter how offensive their behavior may have been to average citizens, but calling gays to repentance turns out to be beyond the pale of acceptable behavior in the City of Brotherly Love.
Frankly, we were surprised that anything was beyond the pale in Philadelphia.
