addressalign-toparrow-leftarrow-leftarrow-right-10x10arrow-rightbackbellblockcalendarcameraccwcheckchevron-downchevron-leftchevron-rightchevron-small-downchevron-small-leftchevron-small-rightchevron-small-upchevron-upcircle-with-checkcircle-with-crosscircle-with-pluscontroller-playcredit-cardcrossdots-three-verticaleditemptyheartexporteye-with-lineeyefacebookfolderfullheartglobe--smallglobegmailgooglegroupshelp-with-circleimageimagesinstagramFill 1languagelaunch-new-window--smalllight-bulblightning-boltlinklocation-pinlockm-swarmSearchmailmediummessagesminusmobilemoremuplabelShape 3 + Rectangle 1ShapeoutlookpersonJoin Group on CardStartprice-ribbonprintShapeShapeShapeShapeImported LayersImported LayersImported Layersshieldstar-shapestartickettrashtriangle-downtriangle-uptwitteruserwarningyahooyoutube

Michigan Pastors File Lawsuit to Challenge Hate Crimes Law

From: Ruthe
Sent on: Thursday, February 4, 2010, 3:11 PM

Michigan Pastors File Lawsuit to Challenge Hate Crimes Law

 

ANN ARBOR, MI – The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor Michigan, filed a federal lawsuit against U.S. Attorney General Eric H. Holder, Jr., challenging the constitutionality of the recently-enacted federal Hate Crimes Act.  The Act criminalizes so-called “bias” crimes motivated by a person’s “actual or perceived” “sexual orientation” or “gender identity” and thus elevates those engaged in certain deviant sexual behaviors to a special, protected class of persons under federal law.

The lawsuit was filed in the U.S. District Court for the Eastern District of Michigan, on behalf of Pastor Levon Yuille, Pastor Rene Ouellette, Pastor James Combs, and Gary Glenn, the president of the American Family Association of Michigan (AFA-Michigan).

Richard Thompson, President and Chief Counsel of the Law Center, and a former county prosecutor, commented, “There is no legitimate law enforcement need for this federal law.  Of the 1.38 million violent crimes reported in the U.S. by the FBI in 2008, only 243 were considered as motivated by the victim’s sexual orientation.   Moreover, Eric Holder himself testified at a Senate hearing that the states are doing a fine job in this area.”

Thompson continued, “This is part of the list of political payoffs to homosexual advocacy groups for support of Barack Obama in the last presidential election.  The sole purpose of this law is to criminalize the Bible and use the threat of federal prosecutions and long jail sentences to silence Christians from expressing their Biblically-based religious belief that homosexual conduct is a sin.  It elevates those persons who engage in deviant sexual behaviors, including pedophiles, to a special protected class of persons as a matter of federal law and policy.”

“Christians are taught to love the sinner, but hate the sin. In fact, the greatest threat of violence to ‘homosexuals’ comes not from Christians but from other ‘homosexuals,’ according to statistics compiled by their own advocacy groups,” said Thompson.  

The Hate Crimes Act, cited as the “Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act,” was dubbed by its critics as the “Pedophile Protection Act,” after an amendment to explicitly prohibit pedophilia from protection under the act was defeated by a majority of Democrats.  The Act itself is poorly written, based on erroneous facts and internally incoherent principles.


The lawsuit alleges that this new provision of the federal hate crimes law violates the plaintiffs’ rights to freedom of speech, expressive association, and free exercise of religion protected by the First Amendment, and it violates the equal protection guarantee of the Fifth Amendment.  The lawsuit also alleges that Congress lacked authority to enact the legislation under the Tenth Amendment and the Commerce Clause of the United States Constitution.


Consequently, the new hate crimes law “subjects Plaintiffs to increased government scrutiny, questioning, investigation, surveillance, and intimidation on account of their strong, public opposition to homosexual activism, the homosexual lifestyle, and the homosexual agenda, thereby causing a tangible and concrete deterrent, inhibitory, and chilling effect on Plaintiffs’ activities and their rights to freedom of speech, expressive association, and the free exercise of religion” in violation of the United States Constitution.


In 2007, when Congress was considering similar hate crimes legislation, a motion was made before the Committee on Rules in the House of Representatives to clarify that the printing, distribution, or public reading of the Bible was not prohibited by any provision of the proposed bill.  The motion was defeated.

In addition to the First and Fifth Amendment claims, the lawsuit also claims that Congress lacked the authority under the Constitution to enact the hate crimes law because it is “legislation that purports to suppress violent crime and vindicate its victims,” and “[t]here is no better example of the police power, which the Founders denied Congress and reposed in the States, than the suppression of violent crime and the vindication of its victims.”

The lawsuit notes that the link between the activity punished by this new law and interstate commerce “is so attenuated that it places no real limit on Congress’ power to regulate.”  Moreover, as the lawsuit points out, reports by the FBI in 2007 and 2008 indicate that only a fraction of 1% of all violent crimes committed in the United States each year are “bias” motivated on account of the victim’s sexual orientation.


Through this lawsuit, the plaintiffs seek judicial reassurance by way of declaratory and injunctive relief that they can freely participate in their speech and related religious activities without being investigated or prosecuted by the government or becoming part of official records because of their Christian beliefs.