Man charged with destroying Iowa Capitol Satanic display seeks to strike hate crime count

A Mississippi man charged with destroying an Iowa Capitol display erected by Satanists is arguing in court filings the resulting hate crime charge against him is unconstitutional.

Erected under a policy granting religious groups space in the building for displays during the holiday season, the Satanic Temple of Iowa's installation centered on a statue of the horned pagan idol Baphomet. Michael Cassidy, a former Republican congressional candidate, admitted to officials that he destroyed the centerpiece on Dec. 14, and later told a conservative website that “my conscience is held captive to the word of God, not to bureaucratic decree. And so I acted.”

Previously: Iowa lawmaker calls for Gov. Kim Reynolds to remove Satanic Temple's display from Capitol

Cassidy, who has received crowdfunded donations of more than $130,000 for his legal defense, initially was charged with misdemeanor criminal mischief. In January, Polk County prosecutors elevated the charge to a felony under the state's hate crime statute.

In a filing Friday, defense attorney Sara Pasquale told the court the "violation of individual rights" enhancement is inapplicable to Cassidy's case, and also is broadly unconstitutional.

Satanism not a real religion, Cassidy lawyer claims

The 11-page filing makes several arguments against the enhancement. Pasquale contends the law, which governs crimes motivated by "the person's (victim's) race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability," does not apply to damage to a display owned by the Satanic Temple because the organization is a legal entity, not a person, and cannot have a race, sex or disability, or practice a religion.

"It could never be said, save in Wonderland, that Best Buy is Buddhist," Pasquale wrote.

She further argued that the Satanic Temple is not a religion for purposes of the statute. Religion entails "a system of faith and worship," Pasquale wrote, citing multiple dictionaries, while the Satanic Temple of Iowa specifically disavows "a belief in a personal Satan." Pasquale points to comments by a temple leader, quoted in a Dec. 16 Register article, to debunk the "common misconception" that "the Satanic Temple is a theistic religion that worships Satan as an entity."

"(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," Pasquale wrote. "That they call themselves a religion simply does not make it so."

The Satanic Temple did not immediately respond to an emailed request for comment.

Hate crime law unconstitutional, defense argues

Even if the law were applicable, it would still violate the free speech guarantees of the Iowa and U.S. Constitutions, Pasquale argued, calling prior U.S. and Iowa Supreme Court decisions to the contrary "misguided."

"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,'" she wrote.

Polk County prosecutors have not yet responded to Cassidy's motion in court. The case is scheduled to go to trial in May.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166

This article originally appeared on Des Moines Register: Iowa Capitol Satanic statue vandalism not hate crime, defense says