Swedish Pastor’s Hate Crime: Those Activist Judges
Update: Since  I started writing this post, I have read that the bill passed the House! http://uk.reuters.com/article/usTopNews/idUKTRE53S8IM20090429
I watched C-SPAN for a bit today as they “discussed” the Federal Hate Crimes legislation. On the one hand, I can’t even believe this one is a struggle, and on the other hand it is no surprise given the level of BS flying around about GLBTQ issues. So I heard someone speaking against the legislation state that a pastor in Sweden was arrested for giving a sermon because of Hate Crimes laws, and that is an example of why this legislation is a horrible idea for the United States. I had never heard of this case, so I googled it.
Depending upon your source (a few are below) in 2004, Ake Green was concerned for the moral health for the people of his little community, so he prepared a sermon about the bible and Homosexuality. Except- few people showed up to hear his sermon, so he published it in the newspaper. He described the Sin of Sweden as being like the Sin of Sodom, and called homosexualty a cancerous tumor on society.
The hate speech law in Sweden was written specifically with speech against Jews in mind, but in more recent times was amended to include sexual orientation. And Green was convicted and given a 1 month jail sentence which he appealed. THIS is the case that one of our US representatives was holding up as proof as to why the fully inclusive Matthew Shepard Act was so bad. The problem with that is that the Matthew Shepard Act does not include any provision for speech, but is focused on felony action.
The other problem with this was the result of the arrest. Yes, Green was arrested and convicted, but on appeal it was overturned. In other words, the system worked for this guy! The legal system worked exactly as it should. First there was a sensitivity to the members of the community that led to an arrest. But in the courts, his rights were also totally protected. It is possible to say that he shouldn’t have been arrested in the first place. I can’t find the full text of his sermon, but my guess is he said a bit more than “cancerous tumor on society.” The conservative and christian media are the only sources I can find about it, and like the American Family Association, not everything read there is truthful or without exaggeration.
So a case goes to court- there is a ruling. It is appealed, and the ruling is overturned. When it is in favor of the conservatives, it is hailed as a righteous decision. On the other hand, when it is overturned against the conservatives, the judges are ridiculed as being activist judges. Why is that?
Concerned Women for America – Swedish Court Overturns Pastor’s ‘Hate Crime’ Conviction.
http://www.cbn.com/CBNNews/CWN/091004sweden.aspx
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