Over the past several weeks Congress has been considering a federal hate crimes bill which would make individuals subject to federal prosecution who commit acts of violence against homosexuals and cross-dressers. Although proponents of the bill claim that only those who commit acts of violence would be subject to prosecution, many conservative commentators argue that the bill would have the effect of intimidating pastors and others who might have occasion to criticize homosexuality on scriptural grounds. If this were to occur, as they claim, the public would thereby be partially defrauded of their 1st Amendment right to practice religion. Although President Bush has indicated that he'll veto the proposed hate crimes bill if it passes Congress, the Democrats will be certain to try to enact a hate crimes law again if they succeed in capturing the Congress and White House in the 2008 elections.

So the question that we should ask ourselves is whether a federal hate crime law would really be used to suppress speech that's critical of homosexuality? Last week we had a preview!

On May 1, self-described prankster Jethro Montestime, a luggage attendant at Fort Lauderdale-Hollywood International Airport in Florida, broadcast a Bible verse, without permission, over the airport's public address system. The verse was Leviticus 20: 13:

"If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their own heads." (New International Version)

Waymon Hudson and Anthony Niedwiecki, a gay couple, were waiting for their luggage in an airport terminal when they heard the scripture verse.

"The content was a death threat directed at us," Hudson is said to have told WTVJ-television.

"It was a death threat," Niedwiecki said. "I appreciate the fact that police followed up on this" according to a report published by the Sarasota Herald-Tribune.

Interestingly, Anthony S. Niedwiecki is a law professor at Nova Southeastern University in Florida, so his opinion as to whether a Bible verse can be construed as a "death threat" is likely to carry substantial weight in a court of law; certainly, "death threats" are considered acts of violence, and hence would likely be covered by a federal hate crimes law.

If Leviticus 20: 13 is found to be a "death threat" in a single court case, the precedent could be applied in other cases. Accordingly, whenever this scripture verse were to be read or preached, there could be a peril of fines or even imprisonment. Furthermore, we might ponder how many other scripture verses might result in federal prosecution under hate crimes laws?

Copyright by Andrew W. Pollock III