Illegal to Preach on Homosexuality?

The American Family Association reports that there are bills in Congress (House bill H.R. 1592 and Senate bill S. 1105) that would would make negative statements concerning homosexuality, such as calling the practice of homosexuality a sin from the pulpit, a 'hate crime' punishable by law.

This is a very tricky subject to address since it triggers very strong emotions on both sides. Realizing there is no point in starting another debate about homosexuality since you've probably already made up your mind about it, I'm going to side-step the theological issues entirely and simply focus on the legal aspects of these bills.

So, what does this legislation mean? It means that it would be a crime for anyone to say anything bad about homosexuality (including pastors preaching from the pulpit, Christians discussing homosexuality in a Sunday school class, etc.).

The Alliance Defense Fund has prepared a summary of the Senate bill that really breaks it down. Here are some of the main points:
- it's unnecessary - there is no evidence that "hate crimes" are a problem that aren't being handled by normal law enforcement
- it's patently unconstitutional - it would criminalize thoughts, feelings, beliefs, and speech
- the crucial phase "bodily injury" is left undefined - this authorizes prosecution for any discomfort, even hurt feelings
- it would give special victim status to some people and make sexual orientation a matter of national policy, giving some people more federal protections than others
- the act would establish a certain viewpoint on "sexual orientation", a term on which there is no true consensus (according to legal precedent, this amorphous concept isn't legally enforceable or recognizable)
- it is unconstitutionally vague, allowing for abuse in legal proceedings
- it is aimed at punishing motive for injuring another person, which would allow Bibles, Christian magazines, websites, etc. to be used as "evidence" to prosecute someone's animus toward sexual orientation
- it contains no provision or exclusion for religious speech
- it inserts federal government into what has traditionally been a state realm: local law enforcement
- many of its provisions are blatantly unconstitutional

Regardless of your theological position on homosexuality, you cannot deny two legal points:
1. this is a blatant muzzling of free speech and thought
2. it creates government-endorsed discrimination

It is simply unacceptable to allow any group of people to become an elevated class for any reason at all. That is a dangerously slippery slope from which there may be no return - once you allow certain groups of people to have special privileges, it's not fair to prevent any other group of people from having the same privileges.

My question: where does it stop?

Let's follow a logical progression. If it's a crime to speak against homosexuality, then it's only fair to make it a crime to speak against fat people. If that's a crime, it had sure better be a crime to speak against skinny people. If physical size can determine extra protections, then people with big noses should be protected, right? What about people with freckles, birth defects, or scars? Those are some pretty definitive physical characteristics, and every now and then someone might make fun of them, so it's only fair to protect them, too. If physical characteristics can be used as a measuring stick, it's only fair to use mental characteristics, so how about giving stupid people federal protections - they need the help, right? How about people who are lazy? People who like the color red?

See how ridiculous this gets? Once you open this door, you can't logically keep anyone out, and pretty soon everyone is a member of some group that can prosecute any other group for literally anything. Then comes the question: who can possibly enforce these things? How can you prove whether a dirty look was based on 'hate' or an upset stomach?

On the other hand, if you establish a single group of people that have special protections, you've just established government-endorsed discrimination. Correct me if I'm wrong, but isn't the government supposed to prevent discrimination?

All theological issues aside, this legislation is horrendous. The American Family Association has a petition (the goal is to get 1 million signatures) that you can sign - follow the link above. After signing that, contact your Senators and Representatives and tell them you strongly oppose these bills.

There's my two cents.

***UPDATE: After looking into this a bit more, I found out that the House bill was actually passed in early May. At this time, I believe the Senate bill is in committee, so it has yet to come up for a vote. If you want to weigh in on the issue, call your Senators, not your Representatives. Sorry about the confusion!