Norway: “The Case is Ultimately About Money”

Anders S. Ryssdal, Lawyer for Jehovah’s Witnesses in a court case where Jan Frode Nilsen believes its ultimately about money | Photo: Erlend Berge (Adapted by Avoidjw.org)

“We believe that the fundamental principles of religious freedom disappeared from the district court’s attention far too early,” says Anders Ryssdal, legal counsel for Jehovah’s Witnesses.

“This is not a court case about something that should be banned or about adjusting the teachings or practices of Jehovah’s Witnesses. The case is ultimately about money,” says Jan Frode Nilsen.

This article was originally published by Vårt Land in Norwegian, and written by Caroline Teinum Gilje.

Jan Frode Nilsen is one of several former members of Jehovah’s Witnesses who are listed as witnesses when the religious community once again meets the state in court. The background to the case is that the state has denied Jehovah’s Witnesses state subsidies for the years 2021 to 2024, as well as public registration as a religious community.

As the state sees it, the exclusion practice of Jehovah’s Witnesses involves the exercise of negative social control of children in the religious community, and prevents the right to free withdrawal. This is in violation of the Religious Communities Act, which regulates, among other things, subsidies for religious and life-belief communities.

Jehovah’s Witnesses, for their part, believe that the state has violated several fundamental human rights by putting their foot down for them.

They have therefore filed a lawsuit against the state and met them in Oslo District Court last year, but lost. After the religious community appealed the verdict, the case will now be retried in Borgarting Court of Appeal from February 4 to 14.

Negative Social Control

The state therefore claims that the practice of Jehovah’s Witnesses prevents free withdrawal with their exclusion practice. In the district court, they pointed out that members who withdraw are no longer allowed to have contact with family and friends in the congregation. This can make them feel pressured to remain in the religious community.

This also applies to children, as one can be baptized and accepted as a full member of the religious community before one is 18.

Two months later, the court concluded that “the conditions have been met to deny Jehovah’s Witnesses state subsidies and registration under the Religious Communities Act”. The decisions are therefore valid.

The state subsidy for Jehovah’s Witnesses’ 12,686 members amounted to approximately NOK 16 million in 2021 (US$1.4 million). Since then, the religious community has not received any subsidies for its members.

Jehovah’s Witnesses believe they are being stigmatized

Anders Ryssdal is a legal representative for Jehovah’s Witnesses in court. He believes that there are two points in particular that were not sufficiently clarified in the district court.

“We believe that the fundamental principles of religious freedom disappeared from the district court’s attention far too early,” he says.

As Ryssdal sees it, the denial of state funding would be a violation of freedom of religion and assembly if it has negative consequences for the religious activities of the religious community. In his closing remarks, he refers to a judgment in the European Court of Human Rights that he believes supports this understanding of the law.

As an example of how Jehovah’s Witnesses are affected by the decisions, he highlights that the religious community can no longer perform weddings in the Kingdom Hall, “as well as the general stigma that follows from the decision to deny registration”.

In Norway, only registered religious communities can apply for the right to perform weddings. Thus, Jehovah’s Witnesses are no longer allowed to marry couples as a result of the denial of registration.

Religious communities can, however, arrange religious ceremonies for marriage, but the couple must also marry civilly for it to be legally binding.

Calls for evidence

Shouldn’t the state be able to impose requirements on religious communities that they support?

“Yes, but you cannot base a denial of state support on the fact that a religious community does not act in a way that the Norwegian state wants, as long as what they are doing is exercising their own religious beliefs.”

In addition, Ryssdal believes that the state has not proven that children’s rights are violated in Jehovah’s Witnesses.

“They have not presented a single piece of evidence that children have had their rights violated. On the other hand, there are a number of adults who have left the congregation who have made strong accusations, but that is something other than investigating the matter objectively,” he says.

“No Practical Consequences

Former Jehovah’s Witness, Jan Frode Nilsen, finds it difficult to see that Jehovah’s Witnesses’ freedom of religion has been violated by denying them registration and state subsidies.

He points out that they are still free to practice their religion without public support, and believes that the lack of state support has not had any practical consequences for them.

“Jehovah’s Witnesses still transfer tens of millions [of Norwegian Krone] to the religious community internationally,” he points out.

“In that way, I believe the matter has less of a fundamental importance than many have expressed.”

Increase

Jehovah’s Witnesses increased their gift income in Norway by a full 20 million kroner (US$1.8 million) in 2023, to a total of 118 million kroner (US$10.3 million). This means that the religious community has a profit of 5.9 million kroner this year. The religious community sent 53.8 million kroner out of the country during the year, Vårt Land wrote last year.

About the Case: Jehovah’s Witnesses filed a lawsuit against the state, after the State Administrator of Oslo and Viken in 2022 deprived Jehovah’s Witnesses of state subsidies and registration as a religious community.

The verdict was handed down in Oslo District Court on Monday, March 4, 2024: The state was acquitted and Jehovah’s Witnesses were ordered to pay legal costs.

Jehovah’s Witnesses have appealed the case. It will be heard in Borgarting Court of Appeal from February 4 to 14, 2025