Finland’s Supreme Administrative Court rules against Education Trade Union’s discrimination of Aito avioliitto ry

According to the Supreme Administrative Court of Finland (KHO), the Education Trade Union (OAJ) engaged in discrimination by canceling the participation of Aito avioliitto ry (The Real Marriage Association) in the education fair it was organizing. This ruling was issued last week and stems from an incident involving the Educa trade fair in 2019, where Aito avioliitto ry was set to exhibit.

OAJ’s decision to withdraw the association’s participation was influenced by criticism expressed by its members and fair attendees. Aito avioliitto advocates for marriage solely between a man and a woman, claiming to promote the “healthy development of a child’s gender identity.”

In a joint statement, both the exhibition center and OAJ justified their decision by saying that “the values of the event include tolerance and respect for individual rights and freedoms.” However, Aito avioliitto argued that negative feedback should not have been a valid reason for their exclusion.

The association lodged a complaint with the Equality and Ombudsman Board, which ruled in late 2020 that OAJ had discriminated against Aito avioliitto. OAJ then appealed the ruling to the Helsinki Administrative Court, which determined that the Board did not have jurisdiction over the case, thereby overturning its decision but acknowledging that OAJ had discriminated against one of the association’s members.

Aito avioliitto subsequently appealed to the KHO. The Supreme Administrative Court reversed the Administrative Court’s stance regarding the Board’s jurisdiction, thus upholding the Board’s decision. In a 3-2 ruling, the KHO stated that the cancellation was based on the values represented by Aito avioliitto ry, emphasizing that prior negative feedback or anticipated audience reactions were not acceptable reasons to rescind the organization’s participation.