He says he’s trying to keep sinners from burning in hell, but police say he tried to cause a riot.
Michael Marcavage, 25, of Lansdowne, will be in court today to answer to felony charges of riot, ethnic intimidation (the ethnicity being homosexuality, per state law) and conspiracy, in addition to several misdemeanor charges.
Police said Marcavage and 10 others were arrested Oct. 10 at the "Outfest" in Philadelphia, an annual block party of sorts hosted and heralded by the city’s gay and lesbian community.
Six of the 11 defendants had their charges dropped at an earlier court appearance.
Marcavage, who has been making waves as a protester and ultra-conservative activist since his student days at Temple University, visited Outfest with a few friends and a bullhorn.
According to one of his lawyers, Marcavage is an intelligent, reasonable man who utilizes his First Amendment right to share his opinions.
Police have had numerous run-ins with the man and, according to one arrest report, found him to be more troublemaker than activist.
Marcavage used bullhorns to "disrupt" Outfest and "failed to comply with police orders to move" from where he was sharing his opinion. That opinion, that all homosexuals will burn in hell lest they repent, was not well-received by the audience.
Eventually, Marcavage was arrested and hauled away from the party. The case has drawn significant attention and spawned debates on national TV.
"This has to do with the content of our message," Marcavage said. "We’re being maliciously prosecuted by an anti-Christian, Lynne Abraham."
Cathie Abookire, spokeswoman for the district attorney, said the office had no comment other than to say everyone’s rights must be protected.
One condition of Marcavage’s bail is that he stay at least 100 feet from homosexual events. He has filed a petition to have that condition revoked because he feels it’s unconstitutional, and also because he wants to attend more gay get-togethers in the spring.
"I don’t even know what it means," he said. "It’s ambiguous. Does it mean I’m not allowed to be near gay people?"
Brian Fahling, an American Family Association lawyer who is representing Marcavage in a civil suit and is asking a federal court to have the criminal charges thrown out, calls the case "outrageous.
"The police are supposed to enforce the law equally, unbiased," Fahling said. "These cops were showing solidarity with the crowd."
Fahling said the police had no right to quiet Marcavage or order him to move.
"When someone is speaking, if the crowd does not like it and there is a threat of violence, you don’t suppress the speech -- you control the crowd," Fahling said. "The First Amendment serves its highest purpose when people are stirred to anger."
Marcavage, a full-time minister who says he lives off income from investment properties, has been tossed out of the ballpark at Phillies Gay Day, been taken to a psychiatric ward by Temple University security guards, and was arrested recently after reading from the Bible at a Lansdowne borough council meeting, according to another of his lawyers, C. Scott Shields, who is representing him in the Philadelphia and Lansdowne cases.
"This case is unprecedented," Shields said. "This is the first time the Bible has formed the evidentiary basis for a hate crime. The authorities consider the Bible hate speech."
Marcavage isn’t dissuaded by the run-ins with the law. He said he intends to spread his message and encourage sinners to repent.
"The public celebration of sin needs to be addressed," he said. "As Christians, we need to be the light in the darkness."
http://www.zwire.com/site/news.cfm?BRD=1675&
dept_id=18171&newsid=13730356&PAG=461&rfi=9
Posted by Editor at January 12, 2005 02:33 PM
