Four Michigan residents have appealed a September decision by U.S. District Court Judge Thomas L. Ludington in a suit challenging the constitutionality of the 2009 Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
The plaintiffs are Gary Glenn, president of the American Family Association of Michigan; Levon Yuille, pastor of The Bible Church in Ypsilanti, Michigan; René B. Ouellette, pastor of the First Baptist Church in Bridgeport, Michigan; and James Combs, pastor of four different churches in the state. They argue the law could be used to punish them for the Christian beliefs and values.
Ludington dismissed the case in September arguing the plaintiffs did not have standing.
“As will be further explained below, the Attorney General’s motion to dismiss will be granted because Plaintiffs lack standing and their claims are not ripe when they have not alleged that they intend to “willfully cause[] bodily injury to any person,” or even to “attempt[] to cause bodily injury to any person, because of . . . the actual or perceived . . . sexual orientation [or] gender identity . . . of any person,” in violation of the Hate Crimes Act. In addition, it is entirely speculative that Plaintiffs’ conduct would be prosecuted under the Act.”
But Glenn and his allies are not giving up. They filed an appeal in the 6th Circuit Court of Appeals. They are being represented by the conservative Christian legal group the Thomas Moore Law Center. Read the appeal here.