Federal judge in Bay City dismisses lawsuit challenging Hate Crimes Act

[Emit]

BAY CITY — A federal judge in Bay City has dismissed a lawsuit in which a Midland man and three Michigan ministers challenged the constitutionality of the Shepard-Byrd Hate Crimes Prevention Act enacted in October.

The suit against U.S. Attorney General Eric H. Holder Jr. was filed in February by Gary Glenn, a Midland resident and president of the American Family Association of Michigan; Levon Yuille, pastor of The Bible Church in Ypsilanti, director of the National Black Pro-Life Congress and host of the radio talk show “Joshua’s Trail”; Rene Ouellette, pastor of First Baptist Church in Bridgeport; and James Combs, pastor of Faith, The Point, The Rock and The River churches.

Today, U.S. District Judge Thomas L. Ludington dismissed the action in which the plaintiffs claimed the Hate Crimes Act violated their 1st Amendment rights to free speech.

Specifically, the plaintiffs argued the act impinged on their right to speak out against homosexual behavior “and the political agenda that promotes it.”

The Hate Crimes Act provides federal criminal penalties in cases of violence perpetrated against people because of their religion, race or sexual orientation.

In a 43-page motion to dismiss, Holder called Glenn’s arguments hypothetical.

Citing 68 cases, he said Glenn and the ministers had no right to file a civil suit based on “conjectural” or hypothetical injuries or infringements.

~snip~

Ludington agreed.

“... it is entirely speculative that Plaintiff’s conduct would be prosecuted under the Act,” Ludington wrote.

Case law requires that a plaintiff’s claim must be more than a “generalized grievance,” the judge noted.

~snip~

http://www.mlive.com/news/bay-city/index.ssf/2010/09/federal_judge_in_bay_city_dism.html

[ProgressiveProfessor]

1. What the means is until someone gets charged, no cause for action. The issue remains unresolved.

[pipoman]

2. Yep

just like every other constitutional challenge, one has to be seeking to be made whole after being subjected to the allegedly unconstitutional law. They will have to wait until just the right circumstances/prosecution arises before they are allowed to take issue with the law. My guess is that prosecutions under this law will not be common and will be reserved for only the most egregious violations.

[bushisanidiot]

3. Sounds like the Hate Crimes Act is working because it is deterring violence

just as intended.

These guys are afraid to physically attack gays as openly as they used to feel free to and that pisses them off.

Mission accomplished!!