An anti-gay activist's lawsuit claiming a Wisconsin gay rights group defamed him by accusing him of publicly advocating the murder of gays was not frivolous, a state appeals court ruled Wednesday. The decision means Milwaukee lawyer James Donohoo, who filed the suit on behalf of the Rev. Grant Storms, does not have to pay $87,000 in court costs and attorneys' fees to Action Wisconsin. The appeals court reversed a judge who ordered the payment after saying Donohoo should have known the case lacked merit.

The case stems from Storms' fiery speech during a 2003 anti-gay conference in Milwaukee called the "International Conference on Homo-Fascism." Action Wisconsin obtained an audio recording of his speech and publicized remarks that it said incited violence and hatred against gays. Among other comments, Storms said gay rights' opponents should "start taking it to the streets." He mimicked gunfire: "Boom, boom, boom, boom. There's twenty!" according to a transcript. The group said on its Web site that Storms, a Louisiana pastor and radio show host, acted "as if he were shooting gay people" and "apparently advocated the murder" of gays.

Storms filed the defamation suit against the gay rights group after fliers on telephone polls in his home city of New Orleans asked: "Why does Pastor Grant E. Storms of Christian Conservatives for Reform advocate the murder of gays?" and directed readers to Action Wisconsin's Web site. Storms contended that the claims werenot true and that his statements were taken out of context. He said the speech was about killing the "homosexual movement" but not gay people and was discussing a Bible passage related to fighting between two peoples.

Milwaukee County Circuit Judge Patricia McMahon dismissed the case in 2005, calling Action Wisconsin's interpretation of the remarks reasonable. That decision stands because it was never appealed.

That decision stands because it was never appealed.