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Pa. High Court Strikes Down Homosexual 'Hate Crimes' Law

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The Pennsylvania Supreme Court on Wednesday tossed out language that expanded the state's hate crime law to include "sexual orientation" and "gender identity."

The top state court upheld a November 2007 ruling by the Commonwealth Court, which had struck down the 2002 amendment as unconstitutional because it "did not retain its original purpose as it moved through the enactment process." The Commonwealth Court ruled that the statute violated the state Constitution because it was added to a bill that originally dealt with agricultural crimes.

Eleven members of a Christian evangelist group called Repent America were arrested and charged under the expanded "ethnic intimidation" law in 2004 for picketing at a Philadelphia event for homosexuals.

Although the charges were later dropped, Repent America director Michael Marcavage and six other members challenged the law.

Marcavage praised the Supreme Court's decision.

"Having been arrested, jailed and charged with a 'hate crime' for preaching the Gospel, I am elated that the Pennsylvania Supreme Court upheld the lower court's ruling in striking down Pennsylvania's expanded 'hate crimes' law," he said in a statement.

Marcavage pledged that his group will remain vigilant as they expect state lawmakers to make another attempt at passing a "hate crimes" law.

"The methods used by the Pennsylvania legislature in passing the 'hate crimes' bill were extremely devious and yet another chilling example as to how far politicians are willing to go to silence Christian speech that they would violate our own state Constitution to do it."

Members of Congress have also considered expanding federal hate crime laws to include "sexual orientation." The House of Representatives passed its version of The Local Law Enforcement Hate Crimes Prevention Act in May 2007. A similar bill was also introduced in the Senate last year.

A large majority of critics of the legislation are pastors and religious leaders who argue that the hate-crime laws would infringe on their freedom of speech and incriminate them for expressing their moral views on issues such as homosexuality.

A pastor who delivered a sermon telling his congregation that homosexuality is a sin could be held accountable for a hate crime if someone commits a crime against a homosexual person after hearing his sermon, religious leaders say.

Since the motive behind a hate crime could only be proved by showing that the suspect had hateful thoughts against a particular group of people when he committed the crime, critics say the legislation would criminalize thoughts.

Former Alabama Chief Justice Roy Moore of Foundation for Moral Law, which represented the members of Repent America in the case, said he was happy that in this case the court prevented "corrupt politicians" from sneaking the law into the state Constitution.

"Preaching to homosexuals about the sin of sodomy should not be made a 'thought crime' in Pennsylvania or any other state."

Most recent comments
  • Sat Aug 02, 2008 12:40 am : 0 : 0 Flag

    The great derangement of the insane matter is that people are stupidly fighting about something that doesn't and can't exist by definition: the fraud of "homosex-" anything, but especially "homosex-" "marriage," the latter of which requires two sexes to form a legitimate union to those who are rational, unlike the homoerotic and their deranged, treasonous sycophants whom our Founders would have executed for gross moral turpitude and treason, especially those like Anthony Kennedy and his lawless evil bigoted dementia showcased in Romer v Evans and Lawrence v TX.
    How strange
    See the following articles on why
    1. "homosex-" is a fraud:
    "The gay invention" at
    http://touchstonemag.com/archives/article.php?id=18-10-036-f

    and
    2. what the strong connection is between fascism, especially naziism, and homoeroticism:
    The Pink Swastika (www.abidingtruth.com/pfrc/books/pinkswastika/html/the_pinkswastika_4th_edition_-_final.htm)

    www.DruJudithReisman.org is also a good site showing the depraved Kinsey overthrow of our entire judicial system's moral protection based on the lies of the evil homoerotic Kinsey pervert child molester who also had nazi associations.

    But God always has the last laugh as He did with the sons of Korah in Numbers 16. Unlike today's illiterates, the Founding Fathers knew the danger of trifling with the God in Whom they trusted, so contrary to today's lies from a lawless, & treasonous judiciary of and for the perverted.

  • Sat Aug 02, 2008 12:39 am : 0 : 0 Flag

    The great derangement of the insane matter is that people are stupidly fighting about something that doesn't and can't exist by definition: the fraud of "homosex-" anything, but especially "homosex-" "marriage," the latter of which requires two sexes to form a legitimate union to those who are rational, unlike the homoerotic and their deranged, treasonous sycophants whom our Founders would have executed for gross moral turpitude and treason, especially those like Anthony Kennedy and his lawless evil bigoted dementia showcased in Romer v Evans and Lawrence v TX.
    How strange
    See the following articles on why
    1. "homosex-" is a fraud:
    "The gay invention" at
    http://touchstonemag.com/archives/article.php?id=18-10-036-f

    and
    2. what the strong connection is between fascism, especially naziism, and homoeroticism:
    The Pink Swastika (www.abidingtruth.com/pfrc/books/pinkswastika/html/the_pinkswastika_4th_edition_-_final.htm)

    www.DruJudithReisman.org is also a good site showing the depraved Kinsey overthrow of our entire judicial system's moral protection based on the lies of the evil homoerotic Kinsey pervert child molester who also had nazi associations.

    But God always has the last laugh as He did with the sons of Korah in Numbers 16. Unlike today's illiterates, the Founding Fathers knew the danger of trifling with the God in Whom they trusted, so contrary to today's lies from a lawless, & treasonous judiciary of and for the perverted.

  • Mon Jul 28, 2008 8:22 pm : 0 : 0 Flag

    "permitted private gay pride event"

    Interesting...I though it was open to the public. He wasn't charged with trespassing so my guess it is was not considered a private event. He wasn't charged with disturbing the peace so I guess he didn't do what you said. Perhaps your view is tainted and bias.

    Did you hear about that pro-gay judge in Wis. that violated ethical conduct to fine a lawyer for fighting against a gay plaintiff. In fact, this judge was proven to have an association with the gay plaintiff. This is why I am fighting against the legal gay movement. They have no morals. That case is proof.

  • Mon Jul 28, 2008 5:49 pm : 0 : 0 Flag

    mcp, but the issue is there were laws in place already to deal with his behavior so why do we need so-called hate crimes that could be used to keep those who are opposed to certain practices from sharing their views in a lawful and non-threatening way.

  • Mon Jul 28, 2008 1:00 am : 0 : 0 Flag

    The article fails to mention three important points:
    1) The law was thrown out on a technicality relating to the manner in which it passed through the legislature, not because hate crimes laws are unconstitutional in pennsylvania. The legislature can go ahead and pass another one tomorrow.
    2) The hate crime charge against Marcavage was thrown out previously on the basis that what he did was not a hate crime, thus proving exactly the opposite of what he's claiming about hate crimes: he was free to say the things he said, and was arrested because the police officer was wrong about what the law actually said. The law actually said explicitly that it could only be applied to violent crime.
    3) Marcavage wasn't merely "preaching the gospel" when he was arrested, he had invaded a lawfully permitted private gay pride event and started shouting through a bullhorn, then refused to leave when lawfully ordered to do so by police. His actions that day were hardly innocent and christian, the hate crime charge aside.

    Funny how these important details were left out of the article.

  • Sun Jul 27, 2008 9:13 pm : 0 : 0 Flag

    Daniel Paul,
    amen!

  • Sun Jul 27, 2008 10:33 am : 2 : 0 Flag

    I found myself longing for the day I was in heaven so I didn't have to deal with sin in general...mine or anyone elses.

  • Sat Jul 26, 2008 8:26 pm : 1 : 0 Flag

    believer, historically, anytime the church has undergone persecution, it grows by leaps and bounds, while simultaneously growing strong people of faith.

  • Sat Jul 26, 2008 8:04 pm : 1 : 2 Flag

    Being from PA i'm happy to see this.

  • Sat Jul 26, 2008 7:50 pm : 0 : 0 Flag

    old student, plus isn't it awesome to see that where the Church is persecuted most is where the Church is growing the most such as China. Plus persecution might be the very thing God will use to wake up His Church in America and runoff all the pretenders who are being used of Satan to keep God's Church impotent in America.

  • Sat Jul 26, 2008 7:44 pm : 0 : 0 Flag

    oldstudent,

    I feel the same way as you do. However, I also feel the same way as igh.

  • Sat Jul 26, 2008 7:12 pm : 2 : 0 Flag

    I, as one who preaches, pray for the day it becomes illegal to preach His word. His church ALWAYS grows in strength, love, wisdom and numbers under persecutions and always gets culturalized under individualism and "freedom."

    I can readily admit I desire persecution of myself or others as much as I want a couple of bullets in non-vital areas of my body but, it is always His way of purifying His church.

    Grace and Peace,
    Jim

  • Sat Jul 26, 2008 12:22 pm : 1 : 0 Flag

    "But i still get Angry we know whats coming"

    I know what you mean. So many still are comfortable sitting on the fence we call pews. So much work, so little time.

  • igh
    Sat Jul 26, 2008 9:21 am : 3 : 0 Flag

    i post those little things, maybe i shouldn't, but its all so true. Makes me upset and rather angry that so many are trying so hard to make this world into a place that is darkness, unGodly, and wicked. Where good is thought of as evil and evil thought of as good. All setting the stage for satan's boy to rise to world power, we will be betrayed and delivered up to be slaughtered. But Jesus has given us the Victory! But i still get Angry we know whats coming , so be ready Saints of God satan will use every trick he knows to destroy you, to see to it you go where he has been condemned to go.

    Revelation 15:2 And I saw as it were a sea of glass mingled with fire: and them that had gotten the victory over the beast, and over his image, and over his mark, and over the number of his name, stand on the sea of glass, having the harps of God.
    Rev 15:3 And they sing the song of Moses the servant of God, and the song of the Lamb, saying, Great and marvellous are thy works, Lord God Almighty; just and true are thy ways, thou King of saints.
    Rev 15:4 Who shall not fear thee, O Lord, and glorify thy name? for thou only art holy: for all nations shall come and worship before thee; for thy judgments are made manifest.

  • Fri Jul 25, 2008 10:08 pm : 1 : 0 Flag

    In a democracy it will depend on who speaks up at ballot box...who keeps their legislators in check with phone calls and by checking up at their states website to see what kind of bills the person is sponsoring and siding with.

    Exactly how do we convince our brethren that in a democracy we are to be good stewards of our voice in government? To stand by is to take our hands off the wheel. It is not the fault of the car for going into the ditch when the driver simply took their hands off the wheel.

  • Fri Jul 25, 2008 9:24 pm : 1 : 0 Flag

    LOL! That was gud!

  • igh
    Fri Jul 25, 2008 5:36 pm : 2 : 0 Flag

    Alert from The New Way Headquarters:

    mathetes and wbmoore please turn yourself into any of the local 're-education camps' for immediate conditioning. You must be purged of wrong and prejudiced thinking. all property will be confiscated and sold for the good of Unity.

    Captain I. Causem Pain

  • Fri Jul 25, 2008 4:27 pm : 4 : 0 Flag

    Amen, brother! We must keep our eyes open for threats to our freedoms of speech and religion. Keep praying and keep preaching the Truth!

  • Fri Jul 25, 2008 3:26 pm : 9 : 2 Flag

    Praise God for striking this law down. Prasise God for the people who stood up to the government and did the right thing by preaching the Gospel and standing on their rights, as the apostles did. May God not allow other changes to laws that would make it illegal to preach the whole Bible.

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