Christian veteran who toppled satanic statue files to dismiss hate crime charge

March 21, 2024

The Christian Post reports that a U.S. Navy veteran charged with a felony hate crime for toppling a satanic statue in the Iowa state Capitol has filed a motion to dismiss the charge.

According to the Des Moines Register, Michael Cassidy’s attorney Sarah Pasquale had argued that the charge is not applicable to Cassidy’s case because the Satanic Temple is not a real religion.

Cassidy traveled from Mississippi to the Iowa state Capitol last December and toppled a statue of Baphomet that the Iowa Satanic Temple had erected near a Nativity scene. He turned himself in to authorities immediately and was initially charged with a misdemeanor charge of mischief.

Earlier this year, the Polk County Attorney’s Office enhanced the charge to third degree criminal mischief in violation of individual rights which is a felony under Iowa’s hate crime statute. The County Attorney’s Office stated, “Evidence shows the defendant made statements to law enforcement and the public indicating he destroyed the property because of the victim’s religion.”

Cassidy’s attorney argued that the hate crime charge is broadly unconstitutional because the Satanic Temple is a legal entity and not a person. Pasquale argued, “[The Temple’s] own words establish that it is not a religion within the ordinary meaning of religion, as they have no faith, do not worship, and reject the supernatural. That they call themselves a religion simply does not make it so.”

She also claimed that even if the statute were applicable to Cassidy, it would be a violation of the right to free speech. Pasquale said, “Because [the hate crime law] in this case seeks to punish Cassidy’s thoughts, it cannot withstand constitutional muster as it violates the First Amendment which protects ‘the freedom to think.'”

Cassidy’s case is scheduled to go to trial in May.

Photo: top, Credit: Michael Cassidy/screengrab Twitter