Skip to comments.Arguments begin in case of minister accused of ‘crimes against humanity’ for homosexuality remarks
Posted on 01/08/2013 11:51:43 AM PST by Morgana
Lawyers for a Massachusetts pastor have asked a federal judge to dismiss a lawsuit filed against him by a foreign homosexual advocacy group accusing him of crimes against humanity.
During a 90-minute hearing on Monday in U.S. District Court, Judge Michael Ponsor said the lawsuit filed by Sexual Minorities Uganda (SMUG) against Springfield-based minister Scott Lively poses a test of free-speech protection and the rights of sexual minorities to equal protection under the law.
Ponsor heard arguments from lawyers representing both Lively and SMUG. SMUG, represented in court by the George Soros-funded Center for Constitutional Rights (CCR), accused Lively of violating the law of nations and crimes against humanity as well as conspiracy and various civil rights crimes because of his outspokenness against the homosexual agenda in Uganda. In their filing, they listed a number of violent acts committed against homosexuals in Uganda that they claim Livelys speeches against homosexuality incited.
The suit demands compensatory damages, punitive damages, exemplary damages, attorneys fees, and a declaratory judgment that the Defendants conduct is in violation of the law of nations as well as all such other and further relief that the court may deem just and proper.
Judge Ponsor said he was troubled by the lack of connection between local evangelist Scott Livelys free speech activities in Uganda and acts of violence against gays in the African country.
Im frankly struggling to see what behavior beyond expressive behavior of Lively violated federal law, Ponsor said. SMUG, Ponsor added, needed to show a more concrete example of misbehavior to justify continuation of the lawsuit.
Livelys lawyers asked Judge Ponsor to throw out the case, pointing out that the violent acts detailed in the lawsuit had no connection to Lively whatsoever. They said SMUG is trying to block peaceful civil discourse and violate Livelys First Amendment rights.
But Judge Ponsor said he was reluctant to dismiss the case before trial, saying that the courts have set a high legal bar for throwing cases out. He said he would rule on the motion to dismiss in the near future, but gave no date.
SMUG brought its lawsuit in U.S. Court under the Alien Tort Statute (ATS), a federal provision that allows federal courts jurisdiction to hear lawsuits filed by non-U.S. citizens for torts committed in violation of international law.
When the ATS was enacted in 1789, international law dealt primarily with regulating diplomatic relations between States and outlawing crimes such as piracy. But in the late 20th century, as more foreign governments passed binding international laws, activists began using the ATS to file international complaints in U.S. Court. SMUGs filing is believed to be the first of its kind dealing with homosexuality.
“Sexual minorities,” the new code word for perverts, same-sex child rapists, and sex offenders?? Is that how it works?
the scary and pathetic thing is this nonsense wasn’t tossed out of court in 90 seconds.
It seems to me that SMUG (snicker) would have to demonstrate that there were never acts of violence against homosexuals in Uganda before Mr. Lively spoke there. Only then would it be at all reasonable that his speeches influenced perpetrators of violence.
As a Monogamous man married for going on 50 years I feel I belong to a sexual minority.
Perversion, abortion ,free condoms,and sexual activities of all kinds are becoming the majority.
WTF? So we're Sweden now? Greaaaaaaat.
Maybe the Courts have, but the Constitution is pretty clear in the 1st amendment, if the judge has ever bothered to read it.
Apparently, that's exactly how it works. The left has systematically done just that. I just ordered the dvd for this movie, and that's pretty much the theme. Check out the trailer at the link. I will provide my thoughts after I get a chance to watch it.
We are simply in the midst of a decline in civilization.
Excellent movie trailer. The questions is asked? Is the left ignorant or evil?
Ha! I think we know the answer to that.
This Catholic supports the pastor — he has committed no crime.
I’ve seen the film and highly recommend it. The blurb on the trailer page reads: “AGENDA is the most powerful expose’ of the communist, socialist, progressive attempt to take over America produced so far.” That statement is slightly inaccurate; the word “attempt” should be changed to “campaign,” and is very near to success.
Scott Lively is co-author of “Pink Swastika; homosexuality in the Nazi party, also recommended.