The former Alabama chief justice who was forced out of office when he refused a federal judge's order to remove a monument bearing the Ten Commandments from the state courthouse will assist Christian evangelists in a constitutional challenge to Pennsylvania's hate-crimes law.

Roy S. Moore will be working with the evangelists' local attorney, Aaron Martin of Kennett Square, it was announced this week. Heading the evangelists' legal team with Moore will be attorneys Ben DuPre and Greg Jones of Foundation for Moral Law, a nonprofit group chaired by Moore and devoted to church-state issues.

Evangelists from Repent America — including Mark Diener of Manheim Township and Jerry Fennell Jr. of Denver — were charged under the hate-crimes law for picketing and publicly preaching that homosexuality is a sin at the Outfest street festival in Philadelphia in October 2004.

The criminal charges were later dismissed by a Philadelphia Court of Common Pleas judge on the grounds their speech was protected by the U.S. Constitution.

After the dismissal, Repent America filed its own lawsuit asking that the courts strike down the hate-crimes legislation because of the way it was enacted in 2002.

Repent America argued the Legislature inserted the hate-crimes language into a bill that originally dealt with crop destruction. Changing a bill from its original purpose is prohibited by Article 3, Section 1 of the state constitution.

The group successfully argued its case before Commonwealth Court of Pennsylvania, but the Attorney General's Office decided to appeal that court's November decision to the state Supreme Court.

The Attorney General's Office filed briefs with the state Supreme Court on Feb. 11. Foundation for Moral Law will file its briefs in March. The Attorney General's Office then has two weeks to file a reply brief before a date for oral arguments is set.

The Attorney General's Office did not return a phone call seeking comment.

DuPre said Foundation for Moral Law became involved in the lawsuit after being contacted by Repent America founder Michael Marcavage for assistance with the appeal.

Diener said he is excited to have Moore assist.

"He's a man of great conviction and courage to do what he did in Alabama with the Ten Commandments," Diener said. "I appreciate someone who has convictions to represent us because our case is about principles, convictions and great truth.

"(The lawsuit) is not to get rich, but to reinforce the foundation of our nation and not allow ungodly laws to continue to erode it. Someone has to answer the call and take the evil powers on in the courtroom."

DuPre said the foundation "took a look at the case, and its principles were the same as ours — we oppose hate-crimes laws … which punish thoughts, not actions.

"We don't endorse any crime, but 'hate crime' is problematic, punishing thoughts. The government has the right only to punish action."

Moore said in a prepared statement, "As we have seen in Philadelphia and in various states and countries, 'hate crimes' are used to prohibit Christians and anybody else from referring to homosexual behavior as immoral or a sin. When Pennsylvania passed a 'hate-crimes' bill, the Legislature and governor not only transgressed the role of the government of a free people, but it also violated the requirements of Pennsylvania's Constitution and should be struck down."

DuPre said the foundation's involvement in the appeal gives it a chance to keep Pennsylvania's hate-crimes law "stayed struck down."

E-mail: lvaningen@lnpnews.com