The Pennsylvania Supreme Court has upheld a decision by a lower court last year deeming a portion of the state's hate-crimes law unconstitutional.
Wednesday's ruling, initiated by a lawsuit involving Manheim Township resident Mark Diener, found that the Pennsylvania Legislature's altering of a 2002 crop-destruction bill into an amendment to the "ethnic intimidation" law violated Article III of the state's constitution.
The 2002 amendment, making crimes motivated by "sexual orientation," "gender identity" and other classes subject to greater punishment, was used to charge Diener, Jerry Fennell Jr. of Denver and nine other members of Repent America for protesting outside a gay-pride rally in Philadelphia in 2004.
Michael Marcavage, director of Repent America, called the decision a "victory for constitutional government" and the freedom to assemble peaceably in public and proclaim the gospel message in the public square.
Freedom of speech is "being shut down more and more with the establishment of free speech zones and all kinds of unconstitutional actions on behalf of government," Marcavage said. "It's very troublesome what's happening in our nation when it comes to freedom."
Members of Repent America were charged with violating Pennsylvania's Ethnic Intimidation Act when they disrupted the inaugural OutFest National Coming Out Day Block Party in 2004 with a bullhorn, preaching that homosexuality is a sin.
The arrests resulted in three felony and five misdemeanor charges for each defendant, who faced up to 47 years in prison and $90,000 in fines because of the expanded hate-crimes law.
The charges were dismissed by a Philadelphia Court of Common Pleas judge on the grounds that the defendants' speech was protected by the U.S. Constitution.
But because Repent America members stage similar protests and feared they could again be charged with the same crime, they filed their own lawsuit in 2005, challenging the constitutionality of the amendment to the hate-crimes law.
The Legislature's actions should raise concerns for all residents of the commonwealth, even if they disagree with his views, Marcavage said, adding that he thinks state legislators will be more careful when passing laws.
Marcavage said it was particularly troublesome to have the governor and the Legislature attempt to have the state Supreme Court overturn the Commonwealth Court of Pennsylvania's decision in November.
Marcavage said he believes hate-crime laws are unnecessary and unconstitutional and that the legislation is designed to intimidate people who want to speak out in public, especially evangelical Christians.
"The climate of this nation is allowing for these types of (arrests) to be happening," Marcavage said. "And we should all be very concerned about this because it's not only our rights that are being violated — they may come for us first — but there's too many examples across the country where people's rights are being violated. And it's really shameful."
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