When far-right extremist Neil Erikson stormed into a community church service, he was confrontational and hurled degrading verbal abuse at worshippers.
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Members of the Metropolitan Community Church had welcomed him and his companions as a new member.
But his attendance was calculated from the very beginning to denigrate and interrupt, County Court chief judge Peter Kidd said on Thursday.
Erikson was convicted and jailed for 70 days by a magistrate in 2021. He appealed his conviction to the chief judge but was unsuccessful.
However, Chief Judge Kidd found the sentence was too long and re-sentenced the 37-year-old to 40 days behind bars.
His actions were intentional, significant and impactful, the judge said.
Erikson said he has retired from activism since the incident on Mothers Day in 2019 and hopes to leave Victoria to get away from influences there.
About 20 parishioners were present during the service at the Metropolitan Community Church when Erikson got to his feet and asked: "Does your church marry Sodomites?"
Parishioners were shocked by the incident and Reverend Susan Townsend stood up and asked him repeatedly to leave.
He hurled further abuse, including at times calling the parishioners "degenerates" and "fa***ts".
A scuffle broke out and Erikson accused a male parishioner of pushing him in the chest. He eventually left the church and waited outside for police.
Prosecutor Bill Stougiannos told Chief Judge Kidd in a pre-sentence hearing on Tuesday that prison was the only option.
"For some reason, people like this accused take it upon themselves to assert undue Christianity and what they want their world to be," he said.
"That's all good and well but it's got to be done within the rules."
Chief Judge Kidd found Erikson had shown no insight into his offending and the punishment needed elements of general deterrence for him and public denunciation.
"Everyone is entitled to hold and express their views, even controversial ones," he said.
"However it should be clear to members of the public that there are consequences for stepping over the line and intruding in the lawful and peaceful religious gatherings of others."
Erikson needs to desist from repugnant behaviour, he said.
Australian Associated Press
