On a Sept. 12 broadcast, televangelist Jimmy Swaggart preached what could be considered hate speech during a sermon to his congregation. Swaggart’s sermon was broadcast on the Canadian television station Omni 1, as well as on stations that appear in all 50 states in the U.S. According to a transcript of the program Swaggart said: “I’m trying to find the correct name for it … this utter, absolute, asinine, idiotic stupidity of men marrying men. … I’ve never seen a man in my life I wanted to marry. And I’m gonna be blunt and plain; if one ever looks at me like that, I’m gonna kill him and tell God he died.” The devout congregation, ever following the teachings of Christ, did what all good Christians would do when faced with blatantly hate-filled sloganeering: Applaud?

How have so many lost sight of the compassion touted by their religion? When has the message been to hate those that are different – and to murder those who do not practice the same beliefs?

Following complaints from numerous GLBT organizations, together with an investigation launched by the Canadian Radio Television Commission, Swaggart returned to the lectern on Wednesday, Sept. 22, and commented on his remarks.

“It’s a humorous statement that doesn’t mean anything. You can’t lie to God – it’s ridiculous,” Swaggart told The Associated Press. “If it’s an insult, I certainly didn’t think it was, but if they are offended, then I certainly offer an apology.”

Apology not accepted. Swaggart’s comments must be recognized for what they are: “Speech that attacks a person or group on the basis of race, religion, gender, or sexual orientation”– everybody together now – “hate speech”. While it is imperative that freedom of speech and the First Amendment be protected, speech over public airwaves that has the capacity to incite violence against an individual or group must be regulated.

The GLBT community has witnessed a long history of violence and hate: have we already forgotten Matthew Shepard? Following his brutal murder, how could anyone, no matter how humorous the intention, discuss killing someone over his or her sexual orientation?

According to the latest hate crimes report from the California Department of Justice, 1,659 hate crime events were reported in California in the year 2002. Of the reported crimes, 1,217 were violent – that’s almost 75, and this does not include the numerous incidents that go unreported each year.

Will the FCC make a move against Swaggart? The FCC has the ability to regulate public airways, recently fining CBS television stations more than $25,000 each for Janet Jackson’s costume malfunction at the 2004 Super Bowl. Will it use its broad authority to pass judgment on this no-good, prostitute-havin’ gay basher?

Historically, the FCC has aired on the side of non-censorship, mostly regulating obscene, indecent or profane language as defined in the infamous case FCC v. Pacifica, which decided that George Carlin’s radio monologue titled “Filthy Words” was inappropriate for broadcast radio during hours in which children could be exposed to the program. Yet they have been slow to move against hate speech; afraid to unlock Pandora ’s Box.

It seems appropriate that these questions arise around the same time Governor Arnold Schwarzenegger signed two important anti-hate-crime bills into law this month: SB 1234 and AB 2428.

SB 1234, passed on Sept. 22, standardizes penal codes relating to hate crimes to include hate speech that is “reasonably” feared to result in violence. The bill encourages law enforcement agencies to pursue a formal hate-crime protocol that includes the expansion of hate-crime training and increases in penalties for hate crimes.

AB 2428, passed five days later, requires a virtually automatic restraining order on perpetrators of violent hate crimes when they are released from custody.

As much as we’d all like to think it isn’t true, a huge chunk of the nation listens to Jimmy Swaggart, and even more horrifying, agrees with his views. Swaggart revving up his audience, which already thinks “gay rights” is an oxymoron, could certainly be “reasonably” feared to result in violence. Think about it: If Swaggart made similar remarks threatening to kill African Americans what do you suppose the outcome would be?

The GLBT community needs to step up to this inveterate and inexcusable bully. Contact U.S. Senators Barbara Boxer and Diane Feinstein and demand that they put pressure on the FCC to prohibit overt hate speech. You can contact Senator Barbara Boxer at 600 B Street, Suite 2240 San Diego, CA 92101 (619) 239-3884 and Senator Diane Feinstein at United States Senate 331, Hart Senate Office Building, Washington, DC 20510 (202) 224-3841.