Prosecutors ask court again to rule on hate crime law

CHARLESTON, W.Va. (AP) — Cabell County prosecutors have once again asked the West Virginia Supreme Court to rule on whether a former Marshall football player, accused of attacking two men after seeing them kiss, can be charged with a hate crime.

The Charleston Gazette-Mail reports (http://bit.ly/1Ois2Dp ) that prosecutors filed a notice of appeal on Thursday.

The state's highest court has previously declined to review a question that asked if West Virginia's hate crime law could be interpreted to protect people based on their sexual orientation because it applies to people based on their sex.

A judge ruled last month that former Marshall player Steward Butler could not be charged with a hate crime because it appeared that state lawmakers intended to leave protections based on sexual orientation out of the law.

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The Gayly - 6/11/2016 @ 1:59 p.m. CDT