Jehovah’s Witness Case reaches to Norway’s Supreme Court

Published By: Miss Usato, Last Updated: August 26th, 2025

This Is Now a Supreme Court Case

This article is written regarding the long battle between Jehovah’s Witnesses and Norway, with Jan Nilsen’s comments on the matter. The case centers on the Jehovah’s Witnesses’ practice of social distancing, whereby members are counseled to limit contact with ex-members. Authorities have argued this constitutes negative social control and violates children’s rights, thus disqualifying the organization from state funding under the Religious Communities Act.

Grounds for Granting the Appeal

Oslo, Norway, August 26th, 2025 – In a pivotal development, Norway’s Supreme Court has authorized an appeal from the Ministry of Children & Families against the Borgarting Court of Appeal’s landmark ruling. This will be the fourth round between the Jehovah’s Witness Organization and the State of Norway. On March 14, the appellate court unanimously overturned a decision to revoke Jehovah’s Witnesses’ tax-funded registration and state subsidies, declaring the administrative actions unconstitutional. Now we are here for round four. If you would like to read the past trials/appeals, please click to the right on “Access All JW vs Norway Articles” or type in “Norway” in AvoidJW’s search bar.

What are the key legal arguments the Ministry of Children & Families is likely to raise in the Supreme Court?

Jan: “The State has to show that the initial decision from the County Governor was well funded, that Jehovah’s Witnesses were treated fairly, and that the decision is based on the law. They also have to show that the denial of funding in itself is not a breach of the freedom of religion.

Most of this has been proven in all court levels and is not really disputed. Like the shunning practice, the enforcement from the Elders etc, are really not up for discussion now, as all courts have agreed on the facts.

What the Supreme Court needs to do is to set the boundaries of the law and how strict it is to be handled. Also the burden of proof has to be decided, as that was the major difference between the initial court and the appeals court. The appeal court set the burden of proof so high that it will be impossible for the State in most cases to use the law as it is written.”

Are there any procedural hurdles or precedents that could influence how the Supreme Court handles this case?

Jan: “I don´t really see any hurdles. I trust the Norwegian court system and the judges; they will handle this in the correct way. I predict that Watchtower will try to demand their picked pet ‘experts’ and have them brought to court, but I don’t really see any scenario where that goes through. This will be the first time the law in question is handled by the Supreme Court, and bring major attention, not just for Jehovah’s witnesses, but a lot of other religions in Norway and also Europe. I’m not worried about WT making any moves here.”

The Supreme Court’s next step is to review whether the practices of Jehovah’s Witnesses, particularly their policy of social distancing from ex-members, infringe upon individuals’ rights to freely join or leave a religious community, as well as whether such practices violate children’s rights.

While legal arguments and doctrinal interpretations dominate discussions, the voices of the youngest members remain crucial in evaluating the ethical and moral dimensions of such cases.

The Potential Outcomes

If the Supreme Court upholds the appeals court ruling, what does that mean for the relationship between religious organizations and the Norwegian government?

Jan: “If the Supreme Court upholds the ruling from the Appeals Court in the way it was worded there, then the whole law is basically dead and useless and has to be rewritten. But even then, the case is open, as the only thing the courts do is send the 2022 decision back to be made again. The State will then have several options on how to take it from there.

It all depends on how the Supreme Court writes the verdict. There are a lot of scenarios where this can be a verdict that gives both parties some wins and some losses. I can see ten different ways this can end. It is not a guilty/not guilty case.”

So the funding applications for the years 2022–2025 will need to be reconsidered If the Supreme Court is in the state’s favor. At present, the Jehovah’s Witness Organization remains unregistered and unfunded in Norway.

The decision of the Appeals Court has never taken effect, and it will not take effect either, since the Supreme Court has accepted the appeal. If the Supreme Court sides with the state’s arguments, it will not reinstate any previous decisions; the situation will remain unchanged.

The bold Lie

What has surprised you most about the legal trajectory of this case so far?

Jan: “I have been surprised over and over again during these four years of procedure and courts. Kind of hard to rate them up against each other, but I must say what never stops to surprise me is the way the Jehovah’s Witnesses sit next to me in court, listening to their lawyer deny basic stuff from JW life. Like the Elder’s authority, that there are no rules and regulations, and everyone is free to decide what to do. They sit there and listen to obvious lies and have no second thoughts about it. No shame.

One example is when they showed the 2017 shunning video (Now deleted on their site: Loyally Uphold Jehovah’s Judgments: Shun Unrepentant Wrongdoers) in court for all to see, then a Jehovah’s Witness testified and claimed that the video was never meant as any kind of instruction, advice, or any learning for the common JW from Watchtower. It was just a random example showing how some families would choose to handle things. Surreal. And they sit there with a straight face listening to it.”

The timeline:

2021–2022 – Ministry of Children & Families revokes registration and subsidies → JW appeal to County Governor/Ministry (denied).
March 4, 2024 – Oslo District Court upholds the state’s decision → JW lose, ordered to pay costs.
March 14, 2025 – Borgarting Court of Appeal unanimously overturns the lower court → JW win, awarded 8.5M NOK in costs.
August 26, 2025 – Supreme Court grants the state permission to appeal → case now moving to fourth round, at the highest court.

As the dates are posted and the appeal is ahead of us, AvoidJW will be reporting daily to this site and on the ExJW subreddit. Just look for “The Price we pay”

Past Norway Appeal Articles:

Related Understandings to New August, 2025 Appeal

Supreme Court of Norway document

Vartland: The state has decided to appeal the Jehovah’s Witnesses verdict.

Legal Representatives:

Office of the Attorney General, representing the State of Norway

Glittertind AS Law Firm representing Jehovah’s Witnesses

Appeal Reporters:

Reporter

Translator

Analysis