By BOB WARD

Editor of the Texas Journal

As the law increasingly leans toward making hurt feelings

actionable in court, or even the basis for criminal prosecution,

it is useful to look at a development in South Africa and

consider whether it is a sign of things to come here in the land

of the used to be free.

The Conservative News Service reports that South Africa has

enacted the Promotion of Equality and Prevention of Unfair

Discrimination Act. It is considered a key piece of legislation

and all other laws will be amended, if necessary, to conform to

it.

The new law bans discrimination on the basis of "race, gender,

sex, pregnancy, marital status, ethnic or social origin, color,

sexual orientation, age, disability, religion, conscience,

belief, culture, language and birth."

It forbids not only discriminatory action but speech intended

to be hurtful, incite harm or promote hatred. For example, a

Christian preacher who says salvation is gained only through

Jesus Christ a basic tenet of many Christian sects could be

prosecuted because those who believe otherwise may be offended.

This recalls the time Gov. George W. Bush expressed such a belief

and critics called it offensive to Jews.

Alleged violators of the new law have to prove their innocence

in "equality courts." where they will. ties. They may be joined

by other lawmakers, gun dealers and private individuals who

realize the cities' lawsuits are really an attempt to impose

restrictions that would not survive constitutional challenge if

offered as legislation.

A spokesman for the African Christian Democratic Party , which

opposed by law, said including sexual orientation means clerics

who refuse to marry a same-sex couple or refuse to recognize such

a marriage could be prosecuted. Also, teaching that the Bible

condemns sodomy or calling on sinners to repent may be illegal.

Christian broadcasters, the spokesman said, are being monitor-ed

and could lose their license unless they adjust their message.

The reference to pregnancy could put in legal jeopardy anyone

who takes a public pro-life position. One critic of the law said

his organization, African Christian Action, took part in a

demonstration outside Parliament in which pro-lifers mourned the

100,000 babies killed since abortion was made legal in 1997. A

similar demonstration today, he said, could be illegal

discrimination against women who want to have abortions.

The new law was supported by the South African Council of

Churches which said it was "in keeping with the tenets of the

Christian faith."

Anyone who thinks similar measures will never happen here is

not paying attention. "Hate crime" laws punish people for what

they believe and feel. Persons have been fined and forced to

undergo psychological treatment for "insensitive" remarks.

Moral and religious objections to homosexuality are regularly

denounced sometimes officially as bigotry.

Many U.S. judges and lawmakers are too eager to violate

fundamental rights and due process to protect the tender feelings

of certain citizens. The example of South Africa should be a

warning to us. So-called sensitivty can be just another pretext

to grab power.