-2-Ouellette is a resident of Michigan and the pastor of First Baptist Church of Bridgeport, Michigan.
¶ 21. Plaintiff James Combs is the “lead” pastor of Faith Church, The Point Church, The Rock Church, and The River Church, all of which are located in Michigan.
¶ 23. Each of the Plaintiffsare identified as Christian, though they have furnished little information about their theologicalbeliefs and the extent to which those beliefs are commonly held, with two exceptions. Each of thePlaintiffs believe that violence is not to be condoned.
¶ 41. They also strongly believe thathomosexuality is biblically prohibited by provisions in both the Old and New Testaments and thatthe “complementarity of the sexes reiterates a truth that is evident to right reason and recognized assuch by all the major cultures and religions of the world.”
see also id.
¶¶ 28-40. Importantto their lawsuit, they contend that Christians generally, and that they, as a part of their publicministry specifically, must be “clear and emphatic [in] their opposition to homosexuality,homosexual activism, and the homosexual agenda.”
¶ 37.Plaintiffs allege that the Hate Crimes Act violates their First Amendment rights to expresstheir opposition to homosexuals and homosexual behavior in several ways. First, they contend thatthe Act is vague when it does not explain what it means for an offender to cause bodily injury“because of” the sexual orientation or gender identity of the victim. Second, they believe that thestatute is overbroad in that it criminalizes their constitutional right to express their opinion thathomosexual orientation is morally wrong. For similar reasons, they also contend that the Act willchill like-minded people from free association, a right also protected by the First Amendment.Plaintiffs also allege that the Act violates their rights under the Free Exercise Clause of the FirstAmendment because it penalizes their religious beliefs about homosexuals and their behavior.While conceding that the Act itself might provide them protection, to the extent that it
Case 1:10-cv-10429-TLL-CEB Document 23 Filed 09/07/10 Page 2 of 26