A federal judge has dismissed a lawsuit by volunteers with the Christian activist group, Repent America, who were arrested at a street festival for homosexuals in Philadelphia, Pennsylvania.

The Repent America volunteers were witnessing and handing out tracts at the 2004 "Gay Pride" event when they were arrested. A judge later dismissed all criminal charges against them, saying a videotape showed they did not incite violence or threaten anyone.

Afterward, the ministry volunteers filed a lawsuit against the city of Philadelphia, claiming their constitutional rights had been violated. However, Judge Lawrence Stengel threw the case out, claiming the permit held by the homosexual pride group allowed officials to silence the Christian activists.

Repent America director Michael Marcavage feels the permit should not have allowed homosexual activists to stifle free speech. "The law requires the police to control the crowd and to deal with those acting disorderly, not tell us that we're not permitted to be there," he says.

Marcavage plans to appeal the judge's decision to the Third U.S. Circuit Court of Appeals. If that court sides with Judge Stengel, he notes, "we're left in a position here that will affect the Eastern District of Pennsylvania, because this decision will be binding."

According to the Christian activist, such a decision would allow police to arrest people at public events, simply because they have what Judge Stengel calls "a contrary message." However, his hope is that the appellate court will uphold his group volunteers' First Amendment rights.

In the meantime, Marcavage notes that he and Repent America will continue to share their biblical message at public events. In fact, he says he will be leading street witnessing efforts at the upcoming Super Bowl in Miami, Florida.