Gay activists had sought a determination of whether Betin’s remarks breached a Criminal Code article that prohibits incitement of hatred and violence toward members of social groups.

But Tambov prosecutors determined that homosexuals are not members of a particular social group against whom hatred can be incited.

Activist Nikolai Alekseev vowed to appeal the decision as far as the European Court of Human Rights, if necessary.

”(The) absence of legal protection for homosexual people against discrimination and hate speech contradicts the European Convention (on Human Rights),” Alekseev said. ”We are going to make the court oblige Russian authorities to pass necessary amendments to the current Russian legislation.”