necessary by the Attorney General.
Essentially, the Hate Crimes Bill provides for a “pass through” prosecution by the federal
government where federal personnel and resources are used to prosecute state hate crimes. It is as if the federal government recognizes that it cannot prosecute these crimes itself, but is willing to do it by proxy through the state.
This increased federal involvement is not limited. Under current state hate crimes laws, prosecution is available for any crime motivated by sexual orientation bias. It is conceivable, then that an individual who passionately argues with another at close range that their lifestyle is wrong and puts that individual in fear or apprehension of bodily harm could be prosecuted for assault and have the penalties enhanced for participating in a hate crime. An individual could conceivably feel a threat of imminent bodily harm from the preaching or teaching of a religious organization or clergy
member and a prosecution for assault could follow. Indeed, the Hate Crimes Reporting Act of 1990 mandated that the FBI include intimidation in its reporting of statistics on hate crimes. See 28 U.S.C. § 534. Therefore, intimidation can also be considered a hate crime. This leads to the conclusion that ministers or religious organizations who speak out against homosexuality can be labeled with a hate crime. While the possibility for prosecution may be remote at this point, it is very real and foreseeable that increased federal involvement in hate crimes will lead to increased extension of the hate crimes laws of the States to encompass actions which are lawful and protected.
Sexual Orientation Anti-Discrimination Laws And Their Effect On Religious Organizations And Clergy
Many jurisdictions now have laws that prohibit discrimination on the basis of sexual orientation or gender identity.17 The effect of these laws on religious organizations and clergy is clearly seen and felt. Anti-discrimination ordinances in other countries have also been a source of increasing difficulties for religious organizations and clergy. For instance, Canada has a very broad antidiscrimination provision in its Charter of Rights and Freedoms. See Canadian Charter of Rights and Freedoms § 15(1). This provision has been interpreted to prohibit discrimination on the basis of sexual orientation. The implications of this interpretation are troubling for religious organizations and clergy. For instance, Dr. Laura Schlessinger, the widely publicized talk show host, was rebuked by Canada’s Broadcast Standards Council for her stance on homosexuality.18 The Council stated that Dr. Laura’s views on homosexuality required Canadian broadcasters who carry her show to make an announcement about the Council’s ruling before the show is aired. Additionally, Dr. Jerry Falwell’s Old Time Gospel Hour program, which has aired in Canada for more than thirty years, must be edited so as to exclude any negative mention of homosexuality or partial birth abortion. The same program Dr. Falwell airs in the United States may not air in Canada because of the anti-discrimination provisions in that country. Other Christian broadcasters such as Dr. James Dobson also must go through the same editing process. A ruling handed down by British Columbia's highest court upheld the British Columbia College of Teachers' (BCCT) decision to temporarily suspend the teaching license of Chris Kempling for writing allegedly discriminatory letters to the editor of a local publication. In 2001, while off duty, Mr. Kempling entered as a practicing Christian into the burgeoning political and social debate surrounding homosexuality and gay “marriage.” He defended the traditional Christian understanding of the social, physical, and moral evils of homosexual behavior in a local newspaper. Kempling was subsequently cited for professional misconduct by the College of Teachers after a panel determined that his writings were discriminatory against homosexuals. He was disciplined with a temporary suspension of his license. Mr. Kempling fought the ruling and took the case to the Supreme Court,
which upheld the school board decision.19
End of Liberty Counsel excerpt.
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I know that many pastors, elders, deacons and religious broadcasters read this newsletter. I urge you to take the steps necessary to update your organizational documents and statements of faith to clearly and accurately reflect your church's position on these issues. This will greatly assist in your defense if you are charged. I would also urge you to make prudent arrangements to handle a prosecution of this type including arrangements to secure your release from state or federal custody.