Glenn v. Holder, No. 10-2273 (6th Cir. 2012)
Annotate this CasePlaintiffs, members of a religious group that believes that homosexuality is forbidden by God, attempted to challenge the constitutionality of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, 18 U.S.C. 249(a)(2). That Act makes it a crime to batter a person because of the person’s religion, national origin, gender, sexual orientation, gender identity, or disability. Plaintiffs claimed that expression and practice of their religious beliefs would lead to federal investigation and prosecution under the Act, in violation of their First Amendment rights. The district court dismissed for lack of standing. The Sixth Circuit affirmed, stating that plaintiffs’ underlying complaint is with the government’s heightened protection of homosexuals from criminal violence and that the lawsuit is really a political statement against the Hate Crimes Act. Plaintiffs have not demonstrated intent to violate the Hate Crimes Act or offered evidence that they will nonetheless face adverse law enforcement action.
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