Dr Dobson worries that PA law will prevent pastors from beating up homosexuals

My heart sank when I read today's Citizenlink email from Focus on the Family. "HATE-SPEECH LAW COULD LIMIT CHURCHES," the headline screamed. Fingers trembling, I followed the link and found that my worst fears were true.

A few years back, the Commonwealth of Pennsylvania added the words "Sexual orientation, Gender or Gender Identity" to its hate crimes law. Focus on the Family is concerned that these additions will eventually lead to the arrest of pastors who condemn homosexuality.

We've heard of laws in the Netherlands and Canada that penalize preachers for using the Bible to condemn homosexuality. Now it's happening in America.

The Commonwealth of Pennsylvania has added an amendment to its hate-crimes law that covers something called "harassment by communication."

Michael Geer, president of the Pennsylvania Family Institute, said the new provisions could open clergy to the possibility of prosecution for preaching on God's views of homosexuality.

"The threat is very real and something that needs to be addressed," Geer said. "The pulpit should be definitely a free-speech zone in the United States of America and in Pennsylvania."

Now, we all know that the God of Dr. Dobson and Pastor Wildmon would never leave us to fend for ourselves against the such evil. He's provided us with a champion.

Anthony Picarello, chief counsel for the Becket Fund for Religious Liberty, agreed that the law may be tailored to intimidate pastors, priests and rabbis, but he said his group is ready to defend any pastor who might be charged for speaking out.

"The wording is broad enough that it could be applied (to religious speakers)," Picarello said, "and that's something . . . that the people who crafted the language had in mind."

The offer of free legal help from the Becket Fund to pastors was backed up with 9,000 letters to all houses of worship in Pennsylvania. Meanwhile, some pastors are thinking about insurance to cover their sermons.

The article closes with a link to a copy of Picarello's letter (.pdf), in which he writes:

The new law is unlikely to be applied to preaching against homosexual conduct. The Pennsylvania crime of "harassment" must involve "intent to harass, annoy or alarm another," plus one of the following:

• "strik[ing], shov[ing], kick[ing] or otherwise subject[ing] another person to physical contact, or attempt[ing] or threaten[ing] to do the same";


• "follow[ing] the other person in or about a public place or places?;


• "engag[ing] in a course of conduct or repeatedly commit[ing] acts which serve no legitimate purpose"; or


• "convey[ing] a message without intent of legitimate communication."

It is difficult to imagine a religious sermon or other verbal communication that would satisfy these requirements for prosecution.

At first, this confused me. The Focus on the Family article seemed to say the opposite of what the letter actually says, but after I thought about it awhile, it became obvious that there isn't a conflict. Pastors can be arrested if they strike, shove, kick... homosexuals. That had to be what concerns Dr. Dobson's ministry. The only other explanation is that Focus on the Family was intentionally trying to mislead us. I can't accept that. It would mean that Focus on the Family is bearing false witness, and that would be wrong.