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Hate Speech Laws: A New Cross for Christians to Bear
By Paul M. Weyrich
March 3, 2005

When Pennsylvania was amending its "hate crimes" law, the Ethnic Intimidation and Institutional Vandalism Act, a few years ago, proponents readily dismissed the concerns expressed by Christians about the inclusion of protection for "sexual orientation." The reason the advocates of traditional values protested was not because they wanted physically to bash homosexuals - believing Christians do not operate that way -- but because they realized that their own First Amendment rights easily could be jeopardized.

Such concerns were dismissed as the figment of overheated imaginations by those legislators and advocacy groups pushing for the hate crimes law. The idea of jailing the purveyors of tasteless jokes was derided; the amendment was about the throwing of sticks and stones, not name-calling. State Rep. Mark Cohen (D-Philadelphia) promised "This bill is not about what ministers or Sunday School teachers say. This bill is about what thugs, hooligans and murderers do." It was about "blood in the streets" rather than bad jokes.

Then came the homosexual sponsored "Outfest" in Philadelphia last fall.

A small group of Christian activists decided to protest at the event that occurred on October 10, 2004. A self-proclaimed homosexual security group called the Pink Angels decided to prevent the Christians from exercising their constitutional liberties. There was plenty of jostling and heated words but the videotape of the event shows no actual violence occurring. The Pink Angels went free. The Christian protestors were not so lucky.

Eleven Christians ended up in jail. Five Christians faced charges. Four adult Christians were ordered by Judge William Austin Meehan to stand trial on charges of criminal conspiracy, possession of instruments of crime, reckless endangerment of another person, ethnic intimidation, riot, failure to disperse, disorderly conduct and obstructing highways. The Christians who quoted Scripture (which led to their being charged) confronted the possibility of total prison sentences as long as 47 years. A teenager was charged as a juvenile.

A requirement for bail required the Christian activists to stay at least 100 feet away from any homosexual event. Fortunately, Philadelphia Court of Common Pleas Judge Pamela Dembe overturned that requirement because it represented an "unusual restriction on a person's right to speech."

Diane Gramley, President of the American Family Association of Pennsylvania, reminded Pennsylvanians, "Our prediction of the arrest of Christians under this law became true in October."

San Francisco filmmaker Michael Shaw of Enough Said Productions had been interviewing a leader of Repent America, one of the Christian protest leaders facing charges, for a documentary. He told WorldNet Daily's Ron Strom that he almost ended up being charged although he was simply filming Repent America's Michael Marcavage for a documentary on the protests against same-sex marriage. "I've seen a lot of people from where we're from do a lot worse things and get in a lot less trouble," Shaw told Strom. "Everyone thought they'd just get a slap on the wrist."

Fortunately, in mid-February, Judge Paula Dembe ruled that there was no basis for the charges. She said, "We are one of the very few countries that protects unpopular speech. We cannot stifle speech because we don't want to hear it, or we don't want to hear it now." That is not really the end of the affair for as long as the hate crimes provision is on the books in Pennsylvania the fact is that Christian activists remain at risk for simply speaking what they believe.

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