Philly Judge Applauded for Ruling in Favor of Christian Protestors
by Jody Brown
February 18, 2005
(AgapePress) - The Philadelphia judge who on Thursday dismissed "hate crime" charges against a group of Christians is being praised for her decision. But one pro-family group in that state is a bit miffed by a statement the judge made in explaining the rationale behind the ruling.
Calling the charges against the group of Christian demonstrators "ludicrous" and an "abuse of power," family advocates are expressing their pleasure about this week's developments in the "Philly 5" case. Four members of the Philadelphia-based group Repent America who had been arrested in October faced charges that they had violated a state "hate crime" statute by peacefully protesting at the pro-homosexual "Outfest" event. But on Thursday morning (February 17), Common Pleas Judge Pamela Dembe dismissed the charges, saying the protestors' action were protected by the First Amendment and that they committed no criminal act by reading aloud from the Bible and singing worship songs at the outdoor rally.
Similar charges against a 17-year-old girl who was among those arrested are expected to dropped as well.
An attorney with the Alliance Defense Fund says Dembe's ruling was the proper reaction. "The judge saw this case for what it is," says ADF senior counsel Joe Infranco. "This was the right response to an outrageous abuse of power to silence speech that some people didn't like. What took place [during the arrest in October] was a government crackdown on disfavored speech."
In a similar vein, the chief counsel for Concerned Women for America commends Dembe. "The judge wisely pounded a gavel against the most egregious form of the 'Heckler's Veto' -- a criminal prosecution of protected speech," says attorney Jan LaRue.
Bob Knight | |
The City of Philadelphia, in spite of video evidence to the contrary, continued to pursue its "hate crimes" charges against the Christians. That fact has incensed several pro-family leaders, who are now calling on state lawmakers to repeal the portion of state law that includes "sexual orientation" as a protected class. One of those calling for the change is Bob Knight, who directs the CWA's Culture and Family Institute."When Pennsylvania lawmakers added 'sexual orientation' to the law in 2003, pro-family leaders warned that it could be used against Christians to suppress freedom of speech, religion, and assembly," Knight states. "Their fears came to life last October, when prosecutors threw the book at a group of Christians from Repent America who were peacefully sharing the gospel in a public area."
"Now we hope lawmakers will take a second look and pass a bill removing that portion of the hate crimes act," he adds. Knight contends that the "Philly 5" case shows how hate crime laws can "easily be abused by overzealous liberal authorities."
Louis Sheldon of Traditional Values Coalition echoes those comments. "These Christians should never have been charged in the first place," Sheldon says in a press release. "This case is a clear example of the danger that hate crime laws pose to religious freedom and free speech when Christians can be charged with a felony for preaching from the Bible."
While they are expressing concern over application of the Pennsylvania hate crime law to silence the five members of Repent America, these same groups say they are "pleased," "grateful," and "expressing relief" the charges have now been dropped. But all is not well with every pro-family group.
'Bigoted Comparison'
The American Family Association of Pennsylvania, like other conservative advocacy groups, is applauding Judge Dembe for her decision. But that group is taking issue with a statement the judge made in her ruling. That statement, says the PA group, compares the actions of the Repent America members to that of white supremacy groups.
"We are one of the very few countries that protect unpopular speech," the judge stated. "And that means that Nazis can March in Skokie, Illinois .... That means that the Ku Klux Klan can march where they wish to. We cannot stifle speech because we don't want to hear it, or we don't want to hear it now."
AFA of Pennsylvania president Diane Gramley is demanding an apology from Judge Dembe for what Gramley describes as a "hateful and bigoted comparison."
"In light of all that these Christians have been through in the last few months, to have the judge compare what they did in October to the demonstrations of two of the most notorious white supremacist hate groups in American history is unbelievable," says Gramley.
Instead of making that statement, Gramley suggests Dembe should have mentioned the law enforcement officials whose actions during the arrests were "more reminiscent of a police state."
