(Philadelphia, Pennsylvania) A federal appeals court has upheld a lower court ruling that the city of Philadelphia did not violate the rights of members of an anti-gay group when it arrested them during a protest at the city’s gay pride celebration in 2004.

The three-judge panel of U.S. Court of Appeals for the Third Circuit said that Repent America had a constitutional right to demonstrate, but not disrupt OyutFest.

Eleven demonstrators from Repent America had sued the city and Philly Pride Presents, the organizer of OutFest, alleging their civil rights had been violated.

In 2007 U.S. District Judge Lawrence Stengel disagreed, granting summary judgment for the city and Philly Pride. Repent America appealed to the Third Circuit.

In its ruling the appeals court panel said that “had ample justification” in ordering the protesters to move because the group was interfering with OutFest.

“The police action was not based on the content of [the activists'] message but on their conduct,” the ruling said.

When members of Repent America showed up at the 2004 event police allowed them to demonstrate at the edge of a cordoned off area where OutFest was being held.

But when the demonstrators began using a bullhorn yelling Biblical passages to drown out the events on stage pride organizers complained to police.

The protestors then allegedly attempted to enter the cordoned off area, continuing to use the bullhorn to condemn homosexuality.

The ruling noted that a video of the protest showed the Repent America demonstrators had attempted to “drown out” speakers at OutFest. The gay event, held every October, had a city permit.

“The right of free speech does not encompass the right to cause disruption, and that is particularly true when those claiming protection of the First Amendment cause actual disruption of an event covered by a permit,” the ruling said.

Both sides in the legal battle claimed victory and Repent America founder Michael Marcavage said the group would protest at this year’s OutFest.

Marcavage has been arrested, detained or cited by police around the country since founding Repent America in 2002, including at a demonstration against same-sex marriages in San Francisco.