By Caroline Teinum Gilje and Julian Mellingsæter
March 14, 2025
Jehovah’s Witnesses have been denied state subsidies for the years 2021 to 2024, and have also been denied registration of the religious community. Now the Borgarting Court of Appeal has ruled on whether the decisions are valid under the Religious Communities Act. This was the outcome of the appeal case that took place in early February:
“The Court of Appeal, unlike the District Court, found that the decisions were invalid because the conditions for denial under the Religious Communities Act Section 6 cf. Section 4 were not met,” the Borgarting Court of Appeal informed Vårt Land.
Jehovah’s Witnesses appealed after they lost the case for registration as a religious community in the Oslo District Court in March last year.
The questions the Court of Appeal has decided are whether Jehovah’s Witnesses’ practice of breaking contact with those who leave the religious community is a violation of the requirement of free entry and exit, and whether it constitutes a violation of children’s rights.
The Court of Appeal writes that they “did not find it probable that Jehovah’s Witnesses’ practice of social distancing towards baptized members who leave the religious community constituted a violation of members’ right to freely exit a religious community”.
“It was also not probable that Jehovah’s Witnesses’ practice of social distancing towards minor baptized members who are excluded or leave the Jehovah’s Witnesses, or the practice towards minor baptized preachers who commit norm violations, constituted psychological violence or negative social control directed at children in a way that violates children’s rights”, the Court of Appeal informs Vårt Land.
The verdict is unanimous.
” We are happy with the fair decision of the Court of Appeal, which upholds the rights and restores the good reputation of thousands of Norwegian citizens who profess the faith of Jehovah’s Witnesses,” writes Jørgen Pedersen, spokesperson for the Jehovah’s Witnesses Information Department in Scandinavia to Vårt Land. He believes the decision is in line with decisions from the highest courts in other countries and from the European Court of Human Rights.
– It represents a significant victory for all citizens in Norway by confirming the fundamental rights to freedom of religion and freedom of expression, writes Pedersen.
He points out that Jehovah’s Witnesses “have deep respect for the Norwegian state”, and writes that they “will continue to exert a positive influence in society while respecting the individual’s freedom of choice”.
– We sincerely hope that this judgment will further strengthen Norway’s reputation as a nation that embraces religious diversity and peaceful coexistence.
Disappointed
Jan Frode Nilsen is a former member of Jehovah’s Witnesses and has testified for the state in court. He is disappointed with the verdict.
– I am critical of the verdict, but cannot go into detail without having read the reasoning. There is something about the sentence “it was not made probable either”. If you cannot make Section 6 plausible for a religious community that has written instructions on exclusion, then Section 6 of the Religious Communities Act is completely dead, he says.
He further points out that judges often have a different opinion of the case than those who have lived in the religious community.
– Law and religion are two worlds that collide, and therefore there can be differences in the understanding of how closed religious communities function, he says.
Nilsen clarifies to Vårt Land that he has not yet read the reasoning of the Court of Appeal.
– I have always expected this case to go to the Supreme Court. The difference is that they enter as “winners”, which I had hoped to avoid.
Will decide on appeal
Liv Inger Gabrielsen, the Government Attorney represented the state at the Ministry of Children and Family Affairs in court, comments on the verdict as follows:
– The Court of Appeal shares the ministry’s view that the practice of Jehovah’s Witnesses towards children who violate the norms of the religious community and risk exclusion can be very unpleasant, humiliating and demanding, among other things because they can lose contact with family members and friends. Nevertheless, the court “doubts” that this is psychological violence that violates children’s rights, she writes to Vårt Land.
– Will you appeal the verdict?
– The verdict is comprehensive and thorough, so it will take some time to consider a possible appeal to the Supreme Court, she answers.
I would like to add my comment that this decision of the Borgarting Court of Appeals leaves open the question of just what constitutes psychological violence. If the threat of losing contact with all family and friends, which within the religion of Jehovah’s Witnesses constitutes a person’s entire social support network, does not constitute a violation of an individual’s right to leave a religion, what does? Where should the courts draw the line?
Additionally, making this appeal in order to legitimize their practice of shunning, appears to me to reveal the Watchtower organization to be very hypocritical.
3 replies on “Jehovah’s Witnesses Win Appeal in Norway!”
This court decision IS wrong.
The Norwegian appeals court said about the shunning of children does not “constitute psychological violence or negative social control directed at children in a way that violates children’s rights…”
Any other parent that practiced shunning in the way JWs do would be charged with abuse or neglect.
Shunning can involve:
– Removing minor childr from the home (they become homeless, put foster care or sent to live elsewhere)
– Public announcement in Kingdom Hall that child “is no longer one of Jehovah’s Witnesses”.
– Child is considered a “bad association”.
– Child is allowed to attend Meetings but no one in congregation speaks to child. Child not invited to social events. Other children cannot associate with child.
– Child loses privileges in congregation. This is a big deal – it visibly marks you as being dangerous or a bad association and that you did something bad. People do notice if you don’t comment at Meetings.
– During family Bible study child cannot speak or comment.
– Before being DF, child is brought before a judicial committee and interrogated by a panel of Elders. Child does not have representation or advocate. Child intimidated with messages of shame, being told they will die in Armageddon, and pressured to do things against their will by Elders in congregation etc.
– Coercive control gives the message that you are not free to leave the meeting.
– Children also not protected from abuse and shunned for reporting SA while the abuser goes free (often not reported to authorities).
– Children made to repent after being abused. This causes tremendous trauma.
– After being DF it can takes years to regain standing in the congregation, sometimes it never happens. Years of shame, pressure, demands, no contact with family or friends.
– Parents can also be shunned. If a parent were shunned and remained living in the home, the family is instructed not to speak to associate with that person other than what is necessary. The parent is treated like a pariah in their own home – there is actually a teaching on this.
– Another form of abuse – the Blood Policy (refusing blood transfusions) has caused death and permanent injury to adults, children, pregnant mothers and their babies
Thank you broken heart for your comment. While shunning is definitely psychologically harmful to anyone receiving it, it is not Watchtower’s policy that minor children be removed from the home. Also, even though they are not to participate in family Bible discussion, parents are encouraged to have a personal Bible study with the child.