Judge Will Hear Government’s Motion to Dismiss Lawsuit Challenging the Federal “Hate Crimes” Act

imag432ANN ARBOR, MI – On Wednesday, July 14, 2010 at 3:00 p.m., Federal District Court Judge Thomas L. Ludington will hear Attorney General Eric Holder’s motion to dismiss the first court challenge to the federal “Hate Crimes Act.”  The hearing will take place in Courtroom 214, 1000 Washington Avenue, in Bay City, Michigan.

This hearing will be the third court appearance by the Thomas More Law Center this week.  On Monday, July 12, the Law Center appeared at the arraignments of four Christian missionaries arrested in Dearborn, Michigan. [Click here to see “Dearborn Four” press release]  This afternoon, July 13, the Law Center and co-counsel David Yerushalmi will appear before Federal District Court Judge Denise Page Hood challenging a municipal bus authority’s refusal to display the controversial “Leaving Islam” ads. [Click here to see “Leaving Islam” press release]

The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor Michigan, filed the federal lawsuit in February of this year challenging the constitutionality of the federal Hate Crimes Act, against U.S. Attorney General Eric H. Holder, Jr.  The Act adds violence based on “sexual orientation” and “gender identity” alongside race and color motivated violence deserving special federal protection by means of tougher criminal penalties.

The lawsuit was filed in the U.S. District Court for the Eastern District of Michigan, on behalf of Pastor Levon Yuille, Pastor Rene Ouellette, Pastor James Combs, and Gary Glenn, the president of the American Family Association of Michigan (AFA-Michigan).

The sole purpose of this law is to use the threat of federal prosecutions and long jail sentences to silence Christians from expressing their Biblically-based religious belief that homosexual conduct is a sin.  It elevates those persons who engage in deviant sexual behaviors, including pedophiles, to a special protected class of persons as a matter of federal law and policy.

As president of AFA-Michigan, Gary Glenn is often publicly described and listed as an “enemy” of those who promote “gay rights” and other aspects of the homosexual agenda.  In 2006, for example, The Advocate, a “gay-rights” periodical, described Glenn as “[a] relentless foe of gay rights in every context.”

Pastor Yuille is the Pastor of The Bible Church, located in Ypsilanti, Michigan.  He is also the National Director of the National Black Pro-Life Congress and the host of Joshua’s Trail, a radio talk show that airs in Michigan and can be heard in parts of Canada.  Pastor Yuille is often warned by his Canadian listeners that he will prosecuted under the new U.S. hate crimes law for his public ministry similar to how ministers and other religious persons in Canada are being silenced by that country’s “hate crimes” legislation.  As an African-American, Pastor Yuille finds it offensive to equate the so-called “civil rights” struggle of persons who engage in homosexual behavior with the real civil rights struggle of African-Americans.

Pastor Ouellette is the Pastor of First Baptist Church of Bridgeport, Michigan, which has approximately 7,000 members.  He is the author of five books as well as many pamphlets and Bible tracts.  Pastor Ouellette travels across the country preaching God’s Word, which includes the Biblical teaching on homosexuality.

Pastor Combs is the lead Pastor of Faith Church, The Point Church, The Rock Church, and The River Church, all of which are located in Michigan.  Pastor Combs pastors approximately 10,000 church members.  He too preaches the Biblical teaching on homosexuality as part of his public ministry.

The lawsuit alleges that the federal hate crimes law violates the plaintiffs’ rights to freedom of speech, expressive association, and free exercise of religion protected by the First Amendment, and it violates the equal protection guarantee of the Fifth Amendment.  The lawsuit also alleges that Congress lacked authority to enact the legislation under the Tenth Amendment and the Commerce Clause of the United States Constitution.  [Click here to read entire Complaint]

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

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