ANTI-HATE LAW UPHELD AS CONSTITUTIONAL IN NEW JERSEY
Source: Lancaster New Era, Lancaster PA, 1997-MAR-31
A 1992 New Jersey law prohibits discrimination on the basis of race,
gender, age, marital status and sexual orientation. It also criminalizes
efforts to aid or coerce anyone else into committing acts of
discrimination, boycotting, or commercially blacklisting against anyone
protected by the law.
The Rev, David B. Cummings of the Faith Orthodox Presbyterian Church in
Pittsgrove, N.J. argued that the law violates his first amendment rights
to condemn homosexuality as sinful. The Orthodox Presbyterian Church was
once part of the Presbyterian Church U.S.A.; they believe that any form
of sex outside of marriage is a grievous sin.
Rev. Cummings lost in a lower court. The 3rd US Circuit Court of Appeals
said that the law was aimed at conduct not speech; e.g. threatening a
business with a boycott if they refused to fire gay/lesbian employees.
Rev. Cummings' lawyer disagreed. He said the law would prohibit "peaceful
informational boycotts" and penalize speech "advancing the viewpoint
that sexual conduct should have moral limits."
The case was appealed to the US Supreme Court which has refused to hear his case.
The law thus stands as constitutional.
Return to the Homosexual News page