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Hate Crime Laws Jeopardize Your First Amendment Rights
 

Posted October 2, 2007

By M. Roberts

 
Can it possibly be that pastors are taking out insurance policies to protect them in the event they offend a homosexual from the pulpit? Folks, this is happening today in our America. Does this bother you? Do you care enough to do anything about it?

   The Senate passed a "hate crimes" measure Friday with a vote of 60-39 that would expand federal "hate crime laws to include crimes motivated by gender or 'sexual orientation'". 1 The provision was passed by piggybacking it onto an important defense spending bill - a common legislative tactic used to pass controversial measures. Senator Gordon Smith (R-Oregon) attempted to justify the hate crimes amendment by suggesting that the military is rife with hatred-motivated violence against people because of their gender or sexual orientation:

'As I have said in the past, the military is not immune to the scourge of hate crimes in our country. In 1992, Navy seaman Allen Schindler was brutally murdered by his shipmate Terry Helvey in Okinawa, Japan,' Smith said. 2

Pro-family organization Concerned Women for America (CWA) "noted that Smith neglected to add that Helvey was convicted of his crime and now is serving a life sentence in prison", implying that current laws appear to be adequate. 3 Senator Ted Kennedy, also a proponent of hate crimes legislation, cited a more current case and asserted there is a desperate need for such legislation to be passed. "We cannot let another day, really hours, go by without this legislation," said Senator Kennedy, as quoted by CWA. 4 If there is such a huge problem with hate crimes against homosexuals in the military, one might ask Senator Kennedy why today's liberal, pro-homosexual media is not reporting on it. Thankfully, it is likely that President Bush will veto the defense bill because of the hate crimes legislation, but it is deeply concerning that such legislation got through the Senate to begin with. The laws already on the books provide severe penalties for violent crimes against any group of people, not just homosexuals, so why would additional laws be needed? And why are homosexuals a favored group? The truth is that there is more here than meets the eye, and Christians really need to be paying attention. Janet Folger of Faith2Action, a Christian activist and commentator, cites the case of John Guimond to illustrate the consequences of hate crimes laws, which unfortunately have been passed in several states already. Guimond was recently convicted in New Hampshire of robbery, a class-B felony that normally carries a sentence of “three and a half to seven years in state prison along with a $4,000 fine.” 5 However, Guimond could spend up to 30 years in prison. Why? Folger explains:

In New Hampshire, a crime that typically carries a sentence of 3 1/2 years was 'enhanced' to 30 years because a robber shouted an anti-homosexual name at his victim. 6

Wow, did you get that? Guimond could spend another 26 1/2 years in prison because he uttered an anti-gay epithet during the crime. Apparently his words were evidence of a far more serious crime than robbery, one that justifies a nearly tenfold increase in his sentence: bigotry against homosexuals. This ought to get the attention of anybody that vocally opposes the homosexual agenda, particularly if that opposition is from the pulpit.  Despite the ominous rhetoric about rampant hate crimes from Senators Smith and Kennedy, the truth is that hate crime laws are not really about fighting violence. Folger reveals the real agenda:

[Hate crimes legislation] isn't about hate. It isn't about ‘crimes’ (there are already stiff penalties against crimes); it's about speech7

Hate crimes legislation is essentially a step toward making certain kinds of speech - namely criticism of homosexuality - a prosecutable offense. Remember that Guimond was prosecuted not only for his violence, but for what he said during his crime. It is a very short leap from hate crime laws to hate speech laws, which criminalize people based solely on what they say. Check out what is happening in many previously free countries around the world:

  • In 2004, a Canadian Christian businessman was fined $4500.00 for publishing Bible verses in an ad in his local newspaper that condemned the gay lifestyle. Apparently, the ad violated Canadian hate speech laws. 8

  • Also in 2004, a Canadian teacher was suspended from his job without pay for writing an anti-gay letter to a local newspaper. According to Family Research Council, the college was "‘disturbed’ by his statements that homosexual relationships are unstable, homosexuality poses health risks, and that many religions consider homosexuality to be immoral.” 9 

  • Swedish pastor Ake Green was sentenced to a month in prison in 2004 for violating Sweden’s hate-speech laws. The court determined he was “guilty of having offended homosexuals in a sermon.”  10  (emphasis mine)

  • In Canada, a Catholic city councilor was fined $1,000 for publicly stating that a gay couple's lifestyle was 'not normal and not natural’”. 11

Once the door to prosecuting hate crimes is opened, it is just a short leap to prosecuting so-called "hate speech" on its own. You might not believe this could ever happen in America, but it is already happening in Pennsylvania. That state recently added "sexual orientation" to its hate speech laws and expanded “the definition of ‘harassment’ to include ‘harassment by communication’ – which means one could be convicted based upon their spoken words alone.” 12 Fearful pastors in Pennsylvania are taking out liability insurance in the event they are sued for opposing homosexuality from their pulpits. This could be a reality nationwide if liberal legislators in Congress get their way.

  Folks, if you've ever believed that the liberal left is the protector of personal freedom, think again. It isn't conservatives who are pushing legislation like this that restricts freedom of speech and religious expression. Respected constitutional scholar and early Supreme Court Justice Joseph Story describes some characteristics of a tyrannical government that restricts freedom of speech in his famous work Commentaries on the Constitution:

It is notorious, that, even to this day, in some foreign countries it is a crime to speak upon any subject, religious, philosophical, or political, what is contrary to the received opinions of the government, or the institutions of the country, however laudable may be the design, and however virtuous may be the motive. 13

Radical liberals absolutely intend it to be among the "received opinions" of our government that criticism of homosexuality be absolutely off-limits in the public discourse. This is not the hallmark of a free society, but of a tyrannical one. No truly free society would penalize a person for what he says unless it is blatantly slanderous, libelous, or subversive to the government. Simply criticizing and expressing an honest, contrary opinion about issue related to homosexuality meets none of these criteria.

   Considering that pro-homosexual activists continue to ram homosexual "marriage" down the collective throats of our society and strive to take away our right to criticize and oppose it, one has to wonder why Christians largely continue to remain silent. We are being led silently and passively to the slaughter of our free society and we don't even seem to care. Folks, Christians are American citizens too! We have the right to contend for our views and we cannot possibly expect to remain free if we are not willing to stand for our freedoms. If we passively let other people legislate away our freedoms, we will get what is coming: tyranny. If pastors want to continue to be able to preach against evil from the pulpit without fear of legal consequences, they need to speak up and motivate Christians to stand against this. If Christian citizens don't want to live in a society where they cannot oppose their children being taught that homosexual sex is normal and healthy, they need to wake up and stand against it. The longer we Christians choose to sit out the culture war, the more we will lose our right to even fight it in. Christians need to wake up and take a stand for their God-given constitutional rights if they want to preserve them for their children and grandchildren.

 
 

1. Kennedy 'humiliates' soldiers to further homosexual rights. (September 27, 2007). Retrieved September 29, 2007 from, http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=57872

2. Kennedy 'humiliates' soldiers to further homosexual rights.

3. Kennedy 'humiliates' soldiers to further homosexual rights.

4. Kennedy 'humiliates' soldiers to further homosexual rights.

5. Pastors: Act now or prepare for jail. (April 24, 2007). Retrieved September 29, 2007 from, http://www.wnd.com/news/article.asp?ARTICLE_ID=55348

6. President says 'hate crimes' plan unneeded. (May 3, 2007). Retrieved September 29, 2007 from http://www.wnd.com/news/article.asp?ARTICLE_ID=55538

7. Pastors: Act now or prepare for jail.

8. Steve Jordahl, "Canadian Law Could Make Bible 'Hate Speech'", Family News in Focus, Focus on the Family (http://www.family.org/cforum/fnif/news/a0028001.cfm); accessed February 13, 2004.

9.  Suzanne Chamberlin, et al., “Culture Facts - May 2, 2003”, CultureFacts, Family Research Council

10. Pastor gets prison for sermon. (July 8, 2004). Retrieved July 5, 2007, from http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=39328

11. Christians in bull's-eye in new 'hate crimes' plan. April 26, 2007). Retrieved July 5, 2007, from http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55392

12. When grandmas go to jail for witnessing. (February 7, 2007). Retrieved October 2, 2007, from http://www.wnd.com/news/article.asp?ARTICLE_ID=54125

13. Joseph Story, Commentaries on the Constitution (Durham, NC: Carolina Academic Press, 1987), pg. 704.

 
 
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