In a significant victory for freedom of thought and the rule of law, the Pennsylvania Supreme Court ruled yesterday in favor of Michael Marcavage and other Christian evangelists with Repent America, affirming in Marcavage v. Rendell that the state legislature violated the Pennsylvania Constitution when it added “sexual orientation” and “gender identity” to Pennsylvania’s “ethnic intimidation” law (18 Pa. C.S. § 2710), the state’s version of so-called “hate crimes.”
The Foundation for Moral Law, along with attorney Aaron D. Martin, represented Christian evangelists Michael Marcavage, Mark Diener, Randall and Linda Beckman, Susan Startzell, Arlene Elshinnawy, and Nancy Major (below), who in 2004 were arrested and charged under the “ethnic intimidation” law for evangelizing at a Philadelphia homosexual parade.
Several of the "Philly 11" pictured here challenged the constitutionality of Pennsylvania's "ethnic intimidation" law
Several of the “Philadelphia 11″ sued and the Commonwealth Court of Pennsylvania agreed that the law was unconstitutional and struck it down. On appeal the Supreme Court of Pennsylvania, in a short per curiam order, agreed with the Commonwealth Court’s opinion and the Christian evangelists’ appellate brief filed by the Foundation.
Judge Roy Moore remarked on this historic case:
“We are very happy that the Pennsylvania Supreme Court has ruled in our favor to stop the Governor and a group of corrupt politicians from sneaking a ‘hate crimes’ bill through the Pennsylvania legislature. Preaching to homosexuals about the sin of sodomy should not be made a ‘thought crime’ in Pennsylvania or any other state.”