ROTTERDAM, Netherlands - A Dutch court Monday ruled that a Muslim cleric who denounced homosexuality as a contagious disease could not be convicted of discrimination charges because he has a constitutional right to religious freedom.
Imam Khalil el Moumni was accused of promoting discrimination of homosexuals and inciting hatred against them for remarks he made on national television last May.
At a hearing before a three-judge panel of the Rotterdam court two weeks ago, prosecutors demanded the cleric to be fined for 1,200 euros (dlrs 1,056).
Presiding Judge S. van Klaveren said he considered the remarks to be discriminatory but said the defendant should not be convicted because he was speaking as a cleric.
"The court finds that the suspect could base his comments on texts of the Quran and on remarks by the prophet," the presiding judge said in his ruling. "The suspect can successfully claim that he is allowed to make the challenged remarks."
Prosecutors said they plan to appeal.
El Moumni, an immigrant from Morocco, did not attend the hearing.
Prosecutors filed charges against him four months ago after they received complaints from 50 organizations about his remarks during the prominent Nova TV-program.
"Homosexuality is damaging for Dutch society," said El Moumni. "Homosexuality isn't limited to people with this disease. It can spread."
El Moumni, 60, later apologized, saying he hadn't intended to hurt anyone.
But the statements had touched a nerve in the liberal Netherlands, which last year became the first country to legalize gay marriages.
Parliament is reviewing legislation to double prison sentences for hate crime offenders to two years and impose a maximum fine of 25,000 guilders (dlrs 10,000).