Pohjola is being charged for publishing Räsänen’s booklet, which argues against same-sex marriage, contrasts LGBT identities with the Christian notion of what it means to be human, and describes same-sex attraction possibly as being inherently sinful and possibly the result of a “negative developmental disorder.” It was released in 2004 by Luther Foundation Finland, the legal entity behind the ELMDF.
For the Prosecutor General, Räsänen’s comments violate the equality and dignity of homosexuals, potentially fueling intolerance and contempt toward the LGBTQI community and thus transcend the limits of free speech and religion.
Some of Pohjola’s and Räsänen’s allies, however, frame the trial as persecution, an attack on the proclamation of the “pure Gospel.”
Although human rights organizations and religious communities often share common cause, there are issues of moral conviction that can become points of divergence, said legal scholar Farrah Raza. The debate over “normative clarity” around conditions placed on religious freedom when beliefs or practices are deemed to be at variance with other fundamental human rights — such as LGBTQI rights — is one such instance, she said.
The question becomes whether the specter of persecution becomes a rhetorical tool used to exclude and suppress other groups’ basic rights. The friction, said Raza, is not between “religion” and “human rights” per se, but how the two are respectively interpreted and applied, she reasoned.
Beyond Finland’s particular politics — or the question of whether or not it rises to the level of “persecution” — this case, due to begin on January 24, 2022, has caught international attention and is being viewed as a precedent-setting example of how secular states might draw the fault lines between religious freedom and the protection of human rights.