Foreign Cases with ADF Involvement
Boissoin v. Lund – Canada (Calgary)
Summary: Stephen Boissoin, director of the Concerned Christian Coalition, wrote several letters to the editor of a newspaper expressing his views on the harmfulness of homosexual behavior. A local school teacher and self described “human rights activist” filed a complaint with the Alberta Human Rights and Citizenship Commission claiming that the letters to the editor constitute the promotion of hatred and violate the Human Rights, Citizenship, and Multiculturalism Act. This Act prohibits the publishing of any statement that indicates discrimination or an intention to discriminate against a person or class of persons, or is likely to expose a person or class of person to hatred or contempt. However, the act also states that nothing should be deemed to interfere with free expression on any subject. The Complaint asserts Mr. Boissoin’s comments crossed the line from opinion to hate speech. The case is moving its way through the Canadian legal system.
Related News:
Canadian professor loses bid to muzzle complaint he filed against pastor for “hate speech” (ADF News Release)
Human Rights Commission ATTACKS CCC and Rev. Stephen Boissoin
Joe and Helen Roberts v. Wyre Borough Council and Chief Constable – UK (Manchester)
Summary: An elderly Christian couple telephoned their local council (equivalent to county government) to complain about its use of tax-payers’ money to promote homosexual behavior, including the placing of material promoting homosexual behavior in public buildings. They asked if the council would allow them equal access for the placement of Christian literature in the same buildings. The council employee who took the call (the official responsible for its “diversity” policy) reported the telephone call to the police, complaining that their opinions were “potentially homophobic.” The police came to their home and interrogated them for 80 minutes questioning them about their religious and moral views. The police admonished them that their Christian views were similar to racism and warned them not to express such views again. The police also threatened them with a seven year jail penalty on the grounds that their views were “close to a hate crime.” After the council and police refused to disclaim the police action, a law suit was filed to enjoin the police from further illegal intimidation. As a result to the law suit the police and council reversed positions, adopted a new policy protecting free expression on this issue, and paid the Roberts damages, attorneys fees, and court costs.
Related News:
Couple quizzed by police for complaining about 'gay rights'
Christian couple win payout (video)
Christians elated over pay-out (video)
Police 'sorry' for moral quizzing
Victory for Helen and Joe Roberts
Lydia Playfoot v. Governors' of Millais School – UK (West Sussex)
Summary: The “Silver Ring Thing” is a teenage abstinence program founded by a Christian ministry, encouraging teenage girls to wear rings symbolizing their Christian faith and commitment to sexual purity until marriage. The local public school maintains a dress code that prohibits the wearing of jewelry. However, the school provides exceptions to Muslim students to wear head coverings, and Sikhs to wear bangles. In addition the school allows students to wear studs in ears. Ms. Playfoot asserts that she has the right to wear the ring on an equal and nondiscriminatory basis with other religions, and that the unequal application of the no jewelry policy to her is illegal. The case is working its way through the UK legal system.
Related News:
School's chastity ring ban attacked in court
School In Court Over Chastity Ring Ban
Girl of 16 in fight for the right to wear her chastity ring to school
Martin v. Exeter University – UK (Exeter)
Summary: The Guild of Students of Exeter University (the university authority that supervises university clubs) in the United Kingdom, has instituted the process of expelling the Christian student union (the Christian club) from campus on the grounds that the Christian club restricts its leadership and voting membership to practicing Christians. The university asserts that this is discriminatory and the club must allow access to leadership and voting rights to non-Christians. The club contends that to do so will render the club “Christian” in name only. The case is presently in litigation in the UK legal system.
Related News:
Christian students in legal fight
Christian group ban sparks debate
Exeter Christian Union Takes Legal Action
Independent Adjudicator Mark Shaw QC says non-Christians should be able to head up the Christian Union at Exeter University
Cases Affecting Christians Today In The UK
Nadia Eweida v. British Airways – UK (London)
Summary: British Airways (BA) permits Muslim employees to wear the Hijab and Jibil, Sikh employees to wear turbans, and Hindu employees to wear religious bracelets, headscarfs, and red dots on head as expressions of their faith although such items would otherwise not be permitted by the BA employee dress code. Nadia Eweida, a practicing Christian, wears a small Christian cross on a necklace as an expression of her faith. BA determined that wearing the cross amounted to mere jewelry, forbidden by the dress code, and ordered her to conceal the cross beneath her clothing. Ms. Eweida asserts that BA cannot allow expressions of faith to be visibly displayed for non-Christian religions and deny that right to Christians. BA suspended Ms. Eweida without pay for her refusal to hide her cross. Ms. Eweida filed a lawsuit against BA to regain her position and for the right to wear her cross on the same and equal basis as other religions. After suit was filed BA allowed Ms. Eweida to return to her position and to wear her cross publicly. The remaining damages portion of the case is pending in the UK courts.
Related News:
Archbishop of York Criticises British Airways Cross Decision
British Airways caves in on cross ban
British Airways caves in on cross ban
BA drops ban on wearing crosses
Prosecutor-General v. Ake Green – Sweden (Borgholm)
Summary: Pastor Ake Green preached a sermon in his church from the New Testament, Romans I, wherein the apostle Paul writes that homosexual behavior is sinful. A recording of the sermon was provided to the state prosecutor, who instituted a criminal prosecution against Pastor Green for allegedly violating Sweden’s “hate speech” law prohibiting expression criticizing a minority group, in this case persons who engage in homosexual behavior. The trial court convicted Pastor Green and sentenced him to prison for a period of 30 days. The Supreme Court of Sweden reversed the conviction and dismissed the charges holding that such a prosecution against a pastor preaching in the pulpit of a church violates Article 9 of the European Convention on Human Rights.
Related News:
Swedish pastor beats "hate crime" conviction (ADF News Release)
ADF protecting religious liberty internationally, assisting defense of pastor in Sweden (ADF News Release)
Ake Green's sermon regarding homosexual behavior
Watch Ake Green's story (video)
Third time lucky for free speech in Sweden
Stephen Copsey v. United Kingdom – UK (Middleton)
Summary: Mr. Copsey is a practicing Christian and in accordance with the tenets of his faith does not work on Sunday, which is the Sabbath. He has an unblemished employment history with his employer WBB Devon Clays Ltd. of fourteen years during which time he was not required to work on the Sabbath. He was then fired for refusing, on religious grounds, to work a new seven day shift that would require him to work on Sunday. Mr. Copsey instituted litigation to win the right to a religious accommodation of his faith when doing so would not be an undue hardship on his employer. Article 9 of the European Convention on Human Rights, incorporated into UK law, protects freedom of religion and the practice and observance of religious beliefs. Mr. Copsey has lost in the UK courts and his case is now on appeal to the European Court of Human Rights.
Related News:
Sunday work appeal dismissed
Churchgoer appeals over sacking
Kevin Kisilowsky v. Province of Manitoba – Canada (Stonewall)
Summary: In several provinces in Canada, the courts have redefined marriage to include “marriage” between same-sex persons. The Province of Manitoba has ordered its commissioners (who perform marriages in Canada) to perform “same-sex marriages” or surrender their commissions. Kevin Kisilowsky, a marriage commissioner who is a practicing Christian, requested and was denied an opt-out, from performing such “marriages” for religious reasons. He has filed a complaint with The Manitoba Human Rights Commission on the basis of religious discrimination. The case is pending.
Related News:
Manitoba Marriage Commissioner Ordered to Perform Gay 'Marriages' Fights in Court for Freedom of Religion
MP Toews says Forcing Manitoba Marriage Commissioners to Perform Gay "Marriages" is a Violation of Human Rights
German Home Schooling Cases – Germany
Konrad Case – Herbolzheim; Remeike Case – Bissingen; Rudolph Case – Hamburg; Plett Case – Paderborn; Bauer Case – Hesse; Herrmann Case – Baden-Wurttemberg; Maisch Case – Baden-Wurttemberg; Twelve Tribes Case - Klosterzimmern
Summary: Most German states make it a crime to home school children. Germany is the only European country that has outright criminal bans on home schooling. German governments have recently placed seven persons in jail for home schooling and threatened to place their children in foster care as a result of families’ refusal to send their children to government public schools. More than a dozen families in Germany are fighting in court for the right to control the education of their children on religious grounds. There is a provision in the German Constitution that appears to protect the rights of parents in Germany to teach their children in a manner consistent with their religious beliefs. A provision of the European Convention on Human Rights (ECHR) also appears to protect this right. The cases are presently at various stages of litigation in the German courts and the ECHR.
Related News:
ADF: Homeschooling outlawed in Germany, Americans should be on guard (ADF News Release)
Konrad Decision: www.telladf.org/UserDocs/KonradDecision.pdf.
Twelve Tribes: Bavarian Police Take Children to Deiningen School by Force
Remeike: Achtung! Germany drags homeschool kids to class
Various HLSDA/home school case articles
Huge Fines, Jail, and Loss of Custody Threatened for German Homeschoolers
German Parents Wanting to Homeschool Turn to EU Court
Athens Olympic Project – (Athens)
Summary: The Olympic Project protected the rights of evangelists and missionaries to present the Gospel to the many visitors from around the world at the Athens Olympics. An American legal team interacted with the International Olympic Committee, national authorities in Greece, and European attorneys to protect religious liberty and expressive rights at the Olympics. Missionaries from around the world came to the festivities surrounding the games to share their message. To protect their rights to evangelize, allied attorneys educated international mission boards; developed materials to assist the missionaries in understanding the rights and privileges afforded them by the laws of Greece and the international community; interfaced with the Greek law enforcement and Olympic authorities to create a cooperative environment to allow the missionaries to share their message, and defended the rights of the missionaries when illegally challenged by local authorities.
Related News:
Games offer chance to minister to all