PHILADELPHIA -- Arraignment has been delayed until next week for four Christians accused of hate crimes for urging gays and lesbians to repent at last October's "Outfest" in Philadelphia.
Their attorney, Brian Fahling, said the city "views the Biblical message of sin and repentance as hate speech."
Fahling said that while some question his clients' wisdom in loudly proclaiming the Gospel at a gay festival, they had a constitutional right to do so and shouldn't be punished for it.
Defendant Michael Marcavage said, "In America today, Christianity is being criminalized -- whether it be the Ten Commandments plaques or monuments in public places. Now it is just speaking the Gospel in the public square that is a crime."
Fahling said the charges of ethnic intimidation, criminal conspiracy and inciting to riot carry penalties of up to 47 years in prison.
The suspects have claimed their First Amendment rights were violated.
Newly-released video taken by the Philadelphia Gay Pride Organization was viewed Thursday by WCAU-TV in Philadelphia to see if it shines more light on the controversial issue. Through the lens of photographers from the Philadelphia Gay Pride Organization, last October's protests by the Christian group Repent America looks a little different from what has been described by prosecutors.
"They're calling people she-men. They're telling them they have a 5 o'clock shadow," said Chuck Volz, of the Philadelphia Gay Pride Organization of what he witnessed.
"The mayor lied to you this morning, your shadow is showing," one of the Repent America protestors said during the rally.
"They were screaming over a bullhorn nasty things in their faces. I think that's fighting words and it could amount to a riot situation," Volz said.
Mark Diener is one of the protestors arrested. He is seen on the video using a bullhorn.
Michael Marcavage, a leader of Repent America, faces felony charges including ethnic intimidation and rioting. However, in both the Gay Pride video and the independent company's video, Marcavage did not appear to be especially confrontational, according to WCAU.
"I do not agree with those who go out and say, 'God hates you,' and the other terms we've been hearing," Marcavage said.
But during the festival, he was also yelling through a bullhorn.
"I have repented of my sins and God is telling you to repent," Marcavage said over the bullhorn.
"The issue was not with what we were doing, but the issue was with what we were saying," Marcavage said.
District Attorney Charles Ehrlich said the protesters disobeyed police orders to relocate within the festival.
"This has to do with conduct, not content," Ehrlich said. "You can be disorderly, you can fail to follow police orders, or you can take your conduct to another level where you're endangering public safety."
"He tries to hide behind the First Amendment and his right to free speech, when really what he's all about is trying to provoke people into violence," Ehrlich said.
According to the police report, as many as 500 people gathered around the 11 protesters.
Marcavage said that he is not trying to hide behind the First Amendment and that he is protected by that amendment. He said he has been arrested many times for preaching and protesting, but he has never been convicted.
Marcavage has filed a federal lawsuit against the city of Philadelphia for allegedly violating his civil rights.
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