A conservative civil liberties group is challenging the constitutionality of the recently enacted federal Hate Crimes Prevention Act of 2009.
-- From "New Federal ‘Hate Crimes’ Law Challenged on Constitutional Grounds" by Susan Jones, CNSNews Senior Editor 2/2/10
The new law, attached to a defense authorization bill that President Obama signed on October 28, 2009, makes it a federal crime to attack someone because of their sexual orientation or gender identity. The Michigan-based Thomas More Law Center says it elevates people engaged in deviant sexual behaviors to a special, protected class of persons under federal law.
The lawsuit naming U.S. Attorney General Eric Holder was filed in U.S. District Court for the Eastern District of Michigan on behalf of . . . Michiagn Pastors Levon Yuille, Rene Ouellette, James Combs, and Gary Glenn, president of the American Family Association of Michigan.
All of the plaintiffs “take a strong public stand against the homosexual agenda, which seeks to normalize disordered sexual behavior that is contrary to Biblical teaching,” the Law Center said in a news release.
The lawsuit alleges that the new 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.
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