Decision on exclusion from Jehovah's Witnesses is not set aside
Supreme Court judgment 3 May 2022, HR-2022-883-A, (case no. 21-142136SIV-HRET), civil case, appeal against judgment.
Jehovah's Witnesses – Ski congretation (Counsel René Stub-Christiansen) (Assisting counsel Anders Christian Stray Ryssdal) v. A (Counsel Per Danielsen)
A woman was excluded - disfellowshipped - from Jehovah's Witnesses because she, in the congregation's view, had committed sexual immorality. Another member of Jehovah's Witnesses had performed oral sex on her while she was asleep. The Supreme Court found that the disfellowshipping decision could be brought before the courts under section 1-3 of the Dispute Act. It was noted that the decision was of great significance to the woman's welfare, and that the action was not limited to issues that required an assessment of religious matters. She also had a genuine need to have her claim decided. The Supreme Court also found that the freedom of religion implied that a review was limited to whether the decision had been made on a materially incorrect factual basis. In its individual assessment, the Supreme Court found that the congregation had handled the disfellowshipping case in accordance with basic requirements for appropriate procedure, and that the decision had not been made on a materially incorrect factual basis. The Supreme Court ruled in favour of the congregation.
Areas of law: Religiuos communities. Section 1-3 of the Dispute Act. Article 16 of the Constitution. Articles 9 and 11 of the ECHR.
Key paragraphs: 61-62, 74-75, 101, 105-106
Justices: Skoghøy, Matheson, Kallerud, Ringnes, Bergh