Delano Felter, the leader of the local Amsterdam party Republikeinse Moderne Partij, was fined EUR 1000 after making anti-gay statements in 2010. Of the fine, EUR 500 is conditional, as long as he does not express his opinions about his homosexual fellow man. At the time, Mr Felter was campaigning against the dominance of the homosexual, according to local TV station AT5.
Initially, the Dutch Supreme Court of Judicature judged that the complaint made by the COC was unfounded as our country upholds the freedom of speech, and Mr Felter needs to be free to express himself politically. Therefore, it was not considered to be incitement to hatred or intimidation.
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Mr Felter made the following statement: "The homosexual is simply becoming too dominant. I think there are too many homosexuals in government. These people with this sexual deviation should in fact be combatted by straight people."
In 2014, the Supreme Court decided to re-examine the case, reaching the conclusion that these statements were "unnecessarily grievous". He was guilty of a "punishable form of group insult or inciting discrimination".
In an earlier case, the Court reached a different conclusion. A politician needs to be able to hurt and shock, but also has to make sure that his statements are not contrary to the laws and the constitutional state.
The Court does recognise that the accused as a politician has to be able to address issues that are of general importance, even when these statements shock, hurt or are disturbing. There is a limit, however, and according to the judge it can be drawn when these statements are contrary to the constitution, such as the statements by Mr. Felter.
After his statements, Mr Felter, who was making a confused impression, was expelled from the Republikeinse Moderne Partij. In Amsterdam, his political career therefore never truly got off the ground.