[Congressional Record (Bound Edition), Volume 151 (2005), Part 19]
[Extensions of Remarks]
[Page 25472]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 RELIGIOUS SPEECH LIMITATIONS IN SWEDEN

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                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Tuesday, November 8, 2005

  Mr. SMITH of New Jersey. Mr. Speaker, freedom of thought, conscience, 
religion or belief is a fundamental element of international human 
rights norms. It is inextricably intertwined with other fundamental 
rights, including the rights to freedom of speech, freedom of 
association and freedom of assembly. Considering this, I am 
increasingly concerned by European trends to place limitations on 
religious speech under the guise of preventing offense or limiting hate 
speech. One such case concerns Ake Green, the pastor of a Pentecostal 
church in Kalmar, Sweden, who was sentenced to 1 month in prison for 
``inciting hatred'' against homosexuals.
  Pastor Green's troubles began on July 20, 2003, when he expressed his 
disapproval of homosexuality in a sermon, founded upon his 
understanding of the Bible. He did not incite nor encourage his 
congregation on the small southeastern island of Oland to violence. He 
did, however, express his personal opinion of homosexuality and made a 
personal moral judgment that the lifestyle was sinful. He later 
circulated the sermon text to media outlets in an attempt to insert an 
alternative view into Sweden's ``marketplace of ideas.''
  When prosecutors saw the sermon printed, they brought charges against 
Pastor Green for ``inciting hate'' toward homosexuals. A district court 
agreed in June 2004, finding his sermon to be criminal. One 
particularly alarming quote from the district court's decision stated, 
``It is forbidden to use the Bible or similar material to threaten or 
express disrespect for homosexuals as a group.'' Mr. Speaker, should 
pastors really be sent to jail for sermons that a court deems 
``disrespectful'' or ``offensive''? Should the state really dictate how 
a religious leader interprets the Bible, the Torah, or other religious 
texts? The district court's ruling raises the question of whether 
ministers and priests in Sweden are really free to preach their 
beliefs.
  I recognize that the right to freedom of expression is not absolute 
and not all speech is protected. After 9/11 and the Madrid and London 
bombings, we have all seen how criminals abuse religion to preach 
violence and lead others in criminal deeds. Authorities are within 
their rights to take legal action to curtail the speech when it rises 
to the level of posing an imminent threat of actual criminal action. 
The international community and the European Court of Human Rights have 
recognized this high threshold for limiting speech activity. Yet we 
must be careful to not limit religious liberties and speech rights.
  Thankfully, Pastor Green has not spent a night in jail while his case 
is on appeal. Also encouraging was the February decision by an 
appellate court to overturn the conviction, saying it is not illegal to 
preach a personal interpretation of the Bible. However, Sweden's chief 
prosecutor, Fredrik Wersaell, appealed to the Supreme Court, contending 
that Green violated Sweden's 2003 hate crimes law. The Supreme Court 
will hear the appeal on November 9th.
  Undoubtedly, Swedes enjoy tremendous religious freedoms and generally 
Sweden is a staunch defender of human rights. However, in this case, 
the government has sought to limit basic religious teachings. I believe 
the criminalization of the use of the Bible to express beliefs, if not 
overturned, will have frighteningly broad ramifications for the free 
practice of religion in Sweden and beyond.

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