In Finland, the Supreme Court on Thursday sentenced the politician Päivi Räsänen to a fine for incitement to hatred against a population group on the basis of a pamphlet from 2004 concerning a Christian view of sexuality, in which she, inter alia, writes that homosexual relationships challenge the Christian conception of the human being.
The Supreme Court decided the case by 3 votes to 2.
Räsänen is shocked by the judgment, in which the publisher of the pamphlet, the priest Juhana Pohjola, was also convicted, reports Helsingin Sanomat.
The judgment puts an end to nearly seven years of criminal prosecution of the Finnish Member of Parliament and former Minister of the Interior, who had been acquitted in two judicial instances, before the prosecuting authority chose to appeal the case all the way to the top.
Räsänen is not convicted for the tweet from 2019 in which she criticises the Finnish Church’s participation in Pride, and in that connection cites the Epistle to the Romans in the Bible. Nor has the Supreme Court concerned itself with statements she had made in a radio programme which the prosecuting authority had also put forward as a count of the indictment.
She is, however, ordered to remove from the internet content from the pamphlet that has been found unlawful. The court appears to have focused on a particular detail:
In the pamphlet, Räsänen described homosexuality, inter alia, as a disturbance in psychosexual development.
One is guilty of incitement against a population group if one publishes, makes available to the public, or disseminates information, opinions or messages that threaten, insult, or defame a group, and the act occurs, for example, on the basis of skin colour, origin, religion, or sexual orientation.
Räsänen rejects that this is hateful, and has throughout invoked freedom of expression on behalf of both herself and others who assert a traditional Christian view of sexuality.
“I believe that it is still entirely lawful, and also in accordance with freedom of religion, to say that relationships between persons of the same sex are contrary to God’s will. They are sin,” said Räsänen with reference to her tweet.
The case will undoubtedly resonate around the world.
The trial is unique, because for the first time in Finland it set freedom of religion – which is a fundamental right – against other fundamental rights, such as equality.
The principal figure is herself considering continuing the fight:
Räsänen said on Thursday that she is “seriously considering” appealing the judgment to the European Court of Human Rights. She hoped that the Court would criticise Finland for the Supreme Court’s decision.
Räsänen has already warned American politicians about what is happening in Europe:
In February, Räsänen delivered a speech before the Judiciary Committee of the United States Congress about her trial, after having been invited by a Republican representative. The subject of the hearing was “Europe’s threat to American freedom of expression and innovation”.
In October, it became known that the Trump administration is opening for granting political asylum to Europeans who are persecuted on political grounds.