Becket Fund Warns Clergy of Amendment to State's Hate Crimes Law for Preaching about Sexual Orientation and Gender Identity

Jun 22, 2004

From:  The Becket Fund for Religious Liberty
           1350 Connecticut Avenue
           Washington, D.C.
           Contact: Jared N. Leland, Esq. (202) 955-0095
                         Kelly Jane Torrance

For immediate release: June 22, 2004

Becket Fund Warns Clergy of Amendment to State's Hate Crimes Law
for Preaching about Sexual Orientation and Gender Identity

The Becket Fund for Religious Liberty reported today that it mailed approximately 9,000 letters – intended to reach every house of worship in Pennsylvania – warning that a recent amendment to the state’s hate crimes law could place clergy in danger of prosecution for preaching about sexual orientation or gender identity.

“It is a measure of our times that religious leaders have lately considered taking out liability insurance to cover remarks made from the pulpit,” wrote Becket Fund President Kevin J. “Seamus” Hasson.

Pennsylvania’s hate crimes law was recently amended to add “sexual orientation” and “gender identity” as motives that trigger heavier penalties for those found guilty of the crime of “harassment.” More ominously, the definition of “harassment” was expanded to include “harassment by communication” – which means that one could be convicted of “harassment” on the basis of spoken words alone.

“Although legislators expressly disavowed the motive at the time, one might be forgiven the impression that one purpose of this legislation was to generate a fear of prosecution among those who would preach and teach in favor of the traditional prohibition on homosexual behavior – a teaching so common to so many faiths,” Hasson noted.

The Becket Fund sent out the letters late last week to explain to clergy that the new law should not deter them from preaching against homosexual conduct, for two reasons. First, although the language of the law appears to cover preaching from the pulpit – and although similar laws have been applied that way on many occasions in Canada and Europe – it is unlikely to be applied that way in the United States.

The Becket Fund also offered to help ministers threatened with such a prosecution. “We will defend, free of charge, anything said from the pulpit, conservative or liberal, wisdom or nonsense, so long as it is a religious message given in good faith,” Hasson declared.

The Becket Fund for Religious Liberty (www.becketfund.org) is an international, interfaith, public-interest law firm that protects the free expression of all religious traditions. The complete text of the letter can be found at www.becketfund.org/other/PAhatecrimesletter0604.pdf.