The Supreme Court of the Republic of Croatia rejected the appeal of the lesbian association Kontra and the Association Iskorak and the Center for the Rights of Sexual and Gender Minorities and upheld the Verdict of the Zagreb County Court by acquitting the creditor Jelena Ćorić Mudrovčić of Bartol Kašić from Zagreb, Jarun, which these 2009 associations were acquiring. accused that in the lessons of homosexuality they used the terms "illness, incidence and anomaly," she published on her Vigilare website.
The Supreme Court upheld the allegations of the County Court, which found that the eighth grade grade teacher for homosexuality did not use terms such as "illness, malady and anomaly," as they claimed in the lawsuits but used the formulations from the textbooks in which "Homosexuality is not explained as a perversion but is said to be homosexual in their minds, is contradictory to the law of nature and can in no case be approved, does not choose their sexual condition - most of them are tempting, so they have to be accepted with respect, compassion and circumspection, avoid any sign of unfair discrimination against them. "
In court proceedings, it has also been established that the teaching of the catechism is intended solely for the children of parents who, in accordance with their own beliefs, want such education to their own children, for which "nor can in principle not pose a disadvantage in the sense of legal discrimination" by referring to the Anti-Discrimination Act.
The Supreme Court in the reasoning of the decision states, inter alia, that freedom is confessed as a constitutional and convention right under the provisions of a stronger legal force than the Anti-Discrimination Act and that "religious instruction as an expression of freedom of religion", by its very nature, "necessarily includes the freedom of expression of one's own religions ".
The Vigilare Association was organized by 2011. in front of the Zagreb County Court, a set of support for a defendant trainee entitled "Stop Christian Phobia", which was the first protests of this kind held in Croatia. Confessor Jelena Čorić Mudrovčić was reported by the mother of a pupil who did not attend religious classes anymore.
On the contrary, the parents of the students who attended the cemetery testified in the court that the teacher did not say this, but that when the teaching unit spoke about homosexuality, he said that all people and even homosexuals, regardless of their religion, race or sexual orientation should not be offended but should be respected.
If nothing in her teaching was found when conducting professional-pedagogical supervision in the school, which, among other things, she conducted an anonymous interview with the students and talked with them and some teachers, Gordana Barudžija, an advisor at the Croatian Employment Agency education and training. The supervision was carried out at the request of the mother of a student who complained about the supposedly discriminatory behavior of the teacher.