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CONSTITUTION / RADICAL HOMOSEXUALITY: DECLARING FREEDOM OF SPEECH -- FREEDOM OF EXPRESSION AS ''HATE CRIME''
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~ By Pastor Kelly Boggs
January 16, 2005
NewsWithViews.com
Last week's column addressed the plight of Christians facing serious criminal charges for their part in a demonstration that took place during an outdoor homosexual pride event in Philadelphia. This week, I feel compelled to revisit the subject.
One reason I am chewing this cabbage twice, as it were, is to insure the details of the situation are conveyed correctly. Another is to stress the serious nature of the prosecution taking place in the City of Brotherly Love.
This past October, eleven members of Repent America were arrested while demonstrating during OutFest, a public celebration of homosexuality held annually in Philadelphia. Charges against six of the protestors have been dropped.
As it stands now, four of the demonstrators have been charged with eight crimes. If convicted, each of what has been dubbed the "Philadelphia Four" could receive a sentence of up to 47 years in prison. A fifth person, a teenage demonstrator, may be dealt with via the juvenile justice system.
Of the crimes the four are charged with, the most troubling are possession of instruments of crime and ethnic intimidation.
Video of the demonstration, captured by documentary filmmakers from San Francisco, reveals that members of Repent America had in their possession bibles, a bullhorn and signs. The most prominent message conveyed via the signs was: "Homosexuality Is Sin, Christ Can Set You Free."
How do bibles, a bullhorn, and signs constitute instruments of crime? In the video footage I viewed, the Bibles were not thrown, the bullhorn was not used to convey threats and the signs were not used as clubs. What rational did the District Attorney use in charging Repent America with possession of instruments of crime?
According to the Internet news site WorldNetDaily, the DA characterized Repent America's preaching and signs as "hateful, disgusting, despicable words," that constituted "fighting words."
Fighting words, which are not protected by the First Amendment, are understood as speech that is abusive and threatening, delivered in person, with the intent of inciting violence toward a specific individual or group.
I am quite certain that those attending OutFest found the message of Repent America offensive. I am equally sure they found the signs irritating and insulting. However, for the DA to describe messages from the Bible - displayed on signs - as fighting words, thus rendering them instruments of crime, is outrageous.
The First Amendment is not a shield from offense, insult and irritation. In fact, the opposite is true. "Free speech is intended to protect the controversial and even outrageous word," observed Secretary of State Colin Powell. To live in America is to risk exposure to words and ideas that offend, insult, and irritate.
While I do not endorse the tactics of Repent America, they - like any other group - have the right to express their beliefs in public. As long as the demonstration is peaceful and absent of violence and the threat of violence, almost any message can be conveyed.
The charge of ethnic intimidation is ominous.
Pennsylvania, like many other states, has hate crime legislation that places offenses committed against members of specific groups into a special catagory. In 2002, legislators in the Keystone State added an individual's "actual or perceived sexual orientation" and "gender or gender identity" to the list that deserves special attention under the law. According to the Philadelphia District Attorney, a biblical message that homosexuality is sin and that change is possible constitutes a hate crime. A simple message delivered in a calm and non-threatening manner, by 11 people, is so pernicious that it constitutes "ethnic intimidation."
If the four members of Repent America are convicted of the aforementioned charges, it will set a precedent with consequences that will be far reaching.
If the Philadelphia DA is successful, what will prevent someone from accusing a pastor of a hate crime for preaching that homosexuality is a sin? It can be argued that a church is quasi public space. After all, everyone is invited and welcome to attend.
The charge that some churches preaching hate already occurs. Soulforce, a homosexual advocacy group, routinely protests the annual meeting of the Southern Baptist Convention, accusing member churches of committing "spiritual violence" against homosexuals.
Criminal charges will not even have to be filed. All an enterprising homosexual group will have to do is file a law suit against a church, charging civil rights violations because of a congregation's "message of hate." Most churches are small and would be hard pressed to fund an adequate defense.
Library 5th Floor
1421 Arch Street
Philadelphia, PA 19102-1507
Phone: (215) 686-8000
Fax: (215) 563-0047
U.S. Department of Justice
Civil Rights Division
Chief Albert Moskowitz
950 Pennsylvania Avenue,
N.W. Criminal Section,
PHB Washington, D.C. 20530
Phone: 202-514-4540
Special Litigation Section
Chief Shanetta Y. Cutlar
950 Pennsylvania Avenue,
NW Washington, D.C. 20530
Phone: 202-514-6255
Toll free: (877) 218-522
© 2005 Kelly Boggs - All Rights Reserved
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A native of Texas, Kelly Boggs now makes his home in the Pacific Northwest. He is the pastor of Valley Baptist Church located at McMinnville, Oregon. He also serves as the Chairman of the Ethics and Religious Commission for the Northwest Baptist Convention. He is a graduate of the University of Mary Hardin-Baylor and Southwestern Baptist Theological Seminary.
