PHILADELPHIA
-- Former Alabama Chief Justice Roy Moore and
attorneys with the Foundation for Moral Law
applauded the Pennsylvania Supreme Court for
its ruling yesterday in Marcavage v.
Rendell affirming that the state
legislature violated the Pennsylvania
Constitution when it added "sexual
orientation" and "gender
identity" to Pennsylvania's "ethnic
intimidation" law (18 Pa. C.S. § 2710)
in 2002.
The Foundation, along with attorney Aaron D.
Martin, represented Christian evangelists
Michael Marcavage, Mark Diener, Randall and
Linda Beckman, Susan Startzell, Arlene
Elshinnawy, and Nancy Major, who in 2004
were arrested and charged under the
"ethnic intimidation" law for
evangelizing at a tax-payer funded
homosexual event called "OutFest".
The Christian evangelists sued and the
Commonwealth Court of Pennsylvania agreed
that the law was unconstitutional and struck
it down. On appeal the Supreme Court
of Pennsylvania, in a short per curiam
order, agreed with the Commonwealth Court's
opinion and the Christian evangelists'
appellate brief filed by the Foundation.
Judge Roy Moore remarked on this historic
case:
"We are very happy that the
Pennsylvania Supreme Court has ruled in our
favor to stop the Governor and a group of
corrupt politicians from sneaking a 'hate
crimes' bill through the Pennsylvania
legislature. Preaching to homosexuals
about the sin of sodomy should not be made a
'thought crime' in Pennsylvania or any other
state."
In the appellate brief filed March 17, 2008,
the Foundation and attorney Martin argued to
the Pennsylvania Supreme Court that the
legislature's altering of an
"agricultural crop destruction"
bill into an amendment to the "ethnic
intimidation" law--making crimes
motivated by "sexual orientation,"
"gender identity" and other
classes subject to greater punishment (Act
No. 2002-143, HB 1493)--violated, among
other provisions, Article III, Section 1 of
the Pennsylvania Constitution: "No law
shall be passed except by bill, and no bill
shall be so altered or amended, on its
passage through either House, as to change
its original purpose." The
Commonwealth Court agreed that the
"ethnic intimidation" amendment
violated Section 1 and now so has the
Pennsylvania Supreme Court.
Michael Marcavage, director of Repent
America and a petitioner in the case, said:
"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.
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. In a nation
that is becoming increasingly hostile toward
Biblical Christianity, we remain vigilant as
the Pennsylvania legislature will most
likely attempt to pass another 'hate crimes'
bill and are continuing to educate the
American people on the significant dangers
of such laws."
The Foundation for Moral Law is a
non-profit, religious liberties organization
located in Montgomery, Alabama, dedicated to
restoring the knowledge of God in law and
government through litigation and education
relating to moral issues and religious
liberty.
###
