Federal Court Rules It Has No Jurisdiction Over “Crimes Against Humanity” Suit Against Pastor Scott Lively

Anti-LGBT activist Scott Lively today won dismissal in the “crimes against humanity” lawsuit brought against him in Massachusetts by a group of Ugandan human rights activists. Lively was accused of collaborating with Ugandan officials to institute the death penalty for homosexuality.

Following international outrage, the punishment was amended to only life in prison. The Ugandan Constitutional Court later invalidated the law entirely on procedural grounds. Homosexuality remains illegal in Uganda.

Equality Case Files has an excerpt from today’s ruling and as you can see, the court was very unhappy that it had to rule as it did.

Court grants summary judgment in favor of Defendant Scott Lively, based on lack of jurisdiction.

“Plaintiff has filed this lawsuit under the Alien Tort Statute (“ATS”), 28 U.S.C. 搂 1350, seeking monetary damages and injunctive relief based on Defendant’s crimes against humanity. Defendant now seeks summary judgment in his favor arguing that, on the facts of record, the ATS provides no jurisdiction over a claim for injuries — however grievous – – occurring entirely in a foreign country such as Uganda. Because the court has concluded that Defendant’s jurisdictional argument is correct, the motion will be allowed.

“Anyone reading this memorandum should make no mistake. The question before the court is not whether Defendant’s actions in aiding and abetting efforts to demonize, intimidate, and injure LGBTI people in Uganda constitute violations of international law. They do. The much narrower and more technical question posed by Defendant’s motion is whether the limited actions taken by Defendant on American soil in pursuit of his odious campaign are sufficient to give this court jurisdiction over Plaintiff’s claims. Since they are not sufficient, summary judgment is appropriate for this, and only this, reason.”

In conclusion: “For the foregoing reasons, Defendant’s motion for summary路 judgment (Dkt. No. 248) based on lack of jurisdiction is hereby ALLOWED. As noted, the court will decline to exercise supplemental jurisdiction over the two purely state .law claims路. As to them, the motion for summary judgment is ALLOWED, without prejudice to re-filing in state court if Plaintiff desires. The clerk will enter judgment of dismissal. This case may now be closed.

See the full ruling here.

RELATED: In 2015 Lively named fellow nutjob Ted Shoebat as a “Pro-Family Hero Of The Year.” As JMG readers know, Shoebat regularly calls for the literal genocide of LGBT people worldwide.

  • vorpal 馃樇

    馃樋
    =extreme disappointment=
    The lives this man has cost and the misery he has inflicted are beyond value.
    Days like this make me wish there was a hell: a REAL one, and not the one created on earth by people like Lively.

    • Gigi

      I’ve had several email exchanges with Lively. The man is unhinged.

      • vorpal 馃樇

        He literally believes that the upper echelon of the Nazi party consisted entirely of hypermasculine gay men, as we are the only ones supposedly capable of such atrocities, and that he is some kind of freaking saint because he provided end-of-life care in his home for a “repentant” gay man who died of AIDS.

        • Ninja0980

          And he has pushed that notion of how evil we are to folks who are more then happy to pass laws jailing and killing our community.

        • Judas Peckerwood

          My batshit-insane sister was involved in the creation of The Pink Swastika and is thanked by name in the “Acknowledgements” section of the book. Needless to say, we’re not on speaking terms.

          • vorpal 馃樇

            Ugh. I’m so sorry.
            If I were you, I’d probably be less one batshit-insane sister.

          • Ninja0980

            Sorry to hear that.
            Don’t blame you for cutting her out of your life.

          • Goodboy

            Wow. She has to know that Lively believes you deserve no rights and prison or even worse.

          • KQCA

            ((((((((Judas Peckerwood)))))))))))

          • Gigi

            Poor you. 馃槥

        • Silver Badger

          The poor man. No one should have such a passing.

        • Gigi

          And he give free bjs at the bus station.

      • scream4ever

        He is the epitome of how well extreme religiosity latches onto people with mental illnesses.

        • Milly

          =extreme disappointment=
          The lives this man has cost and the misery he has inflicted are beyond value.
          Days like this make me wish there was a hell: a REAL one, and not the one created on earth by people like Lively.,,,,,,,,,,,,,,,,,,,,,,,,,,,,, https://urlink.it/u/ivhfj

        • Naomirclark

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      • Goodboy

        When he was running for Governor every time he got to speak he was openly mocked by pretty much everyone there.
        https://youtu.be/K547pmAoz1I

        • Gigi

          As he should have been. What an arrogant asshole.

      • KQCA

        Gigi, with this comment, today you are my hero.

    • JWC

      They are all batshit crazy

    • Joe in PA

      O/T Hey Vorpal…I finally got some [sorta] better pictures of Sebastian:

      https://uploads.disquscdn.com/images/b4477f4c77c53925e52a7cdc007de47c58a865e53c519a868336737b6fd02099.png

  • Gigi

    This is bullshit!

  • Todd20036

    This man is the personification of evil, but because he himself didn’t physically assault anyone he gets away with it.

    He makes Jim Jones seem like a school yard bully.

    Wonder if his case would have been dismissed if Hillary Clinton were president

    • scream4ever

      He actually physically assaulted a female reporter during the campaign for Ballot Measure 9 in Oregon in 1992.

  • JT

    Take it to The Hague.

  • Sam_Handwich

    i had a feeling the case would end this way

    • another_steve

      The argument was too abstract and esoteric.

      We here in the queer blogosphere understand how and why these theofascists are committing crimes against humanity.

      I guarantee you that most people don’t.

  • another_steve

    We must never abandon our sense of humor. If we do, we’re doomed.

    My Maine Coon routinely commits crimes against humanity. I’ve detailed some of them on this blog — the latest being the complete and evil overnight destruction of a ficus plant that hubby and I had been cultivating in our living room for years.

    So I ask you, dear queer people: Was that not a crime?

    • Ragnar Lothbrok

      I have a dog. No issues whatsoever. She even brings all the boys to the yard.

      • another_steve

        Dogs are obedient.

        Cats are Hitler.

    • vorpal 馃樇

      She did her civic duty and saved you of the crime of having a ficus plant in your living room.

      Tuna all around!

      • another_steve

        No one on this blog understands cat behavior better than you, vorpal.

        We cat caregivers are saints.

        We should create a new religion and declare ourselves saints thereof.

        • Joe in PA

          Poor parenting. That is all.

          [ducking]

          • vorpal 馃樇

            Cats do make rather lousy parents to us humans, don’t they? We should be seen, not heard, and always armed with a can opener.

        • Silver Badger

          Cats don’t havecare givers. They have servants.

          • stevenj

            I served 17 years as a servant AND a door man.

          • another_steve

            Lol. Yes.

            You obviously know cats, SB.

          • Silver Badger

            I have been employed by several over the years. I am currently employed by a Siamese / Burmese mix.

          • another_steve

            Man and I have been employed by many of them over the decades, but our Siamese was among the smartest.

            We had Sarna Bells hanging on the wall next to our living room armchair. When he wanted to be fed, Boy would climb to the very top of the chair, stretch out and bat the bells.

            We could hear the bells wherever we were in the house.

            And Boy knew it.

        • vorpal 馃樇

          The Cat Overlords would never allow us mere mortals to be saints.

          I have been currently assigned black belly stroking duty and am thus relegated to typing with one hand.

          • another_steve

            I stroke girl’s belly at my peril.

            It’s irresistible, but treacherous.

            I get suckered in and then always pay the price.

          • vorpal 馃樇

            All four of our feisty felines DEMAND belly rubs.
            It is all their preferred place of petting.

            I think they missed the class where cat belly petting is supposed to be a game of Russian Roulette.

          • another_steve

            Ever notice, vorpal, how some of the babies are lacking when it comes to a polite way of saying, “Thanks, that was nice but I’ve had enough now”?

            Mine purrs orgasmically and then — the moment she decides she’s had enough — attempts to bite my hand.

            I mean… would it be such a hardship for her to simply get up and wander off?

          • vorpal 馃樇

            You, as the human minion, are supposed to magically intuit her emotional state and get up and wander off. How dare you ask the embodiment of such majesty and delight to do something?

            LOL hubby jokes that I am like a cat like this. He is a fidgety stroker (he actually sleeps on his back and twiddles his thumbs IN HIS SLEEP), and I hate having my hands, legs, arms, etc. rubbed as I find it quite overstimulating. His twitchy hand will wander over to start to grab and squeeze and caress me until I give him a good swat and a snarl.

      • greenmanTN

        It puts the catnip in the basket or else it gets its shoes peed on again.

        https://uploads.disquscdn.com/images/df45ec49f577d4cad02a491dd7de92e480a4049ccb5ed9b6e5fb0668f983e8e0.jpg

        • vorpal 馃樇

          =overdoses on adorable and with one final whisker twitch, perishes=

          She is looking so gorgeous! How are they doing?

          • greenmanTN

            More than anything, hilarious. They’ve started going outside, since one of the older cats was started tearing at the screen door and climbing it and I said “fuck it” and cut a square out of the screen before the whole thing got ripped to shreds. (I can block it with a piece of plexiglass when needed) Outside they are like a Daffy Duck Cartoon with 4 Daffys.

            Inside they have lovely little cuddle/sleeps, then the next thing you know they’re bouncing off the walls and tackling each other. They go after the older cats sometimes and mostly that’s fine, then it’s SLAP, “Get away, kid, you’re bothering me!”

            https://uploads.disquscdn.com/images/0417e130f0543af3fdfa3a304fbe913021aab711de29fa42b79f579f66cdfb07.jpg

          • greenmanTN

            https://youtu.be/Ef7IkHDQu-w

            https://youtu.be/rpuI1K2WrFM

            (And yes, my ancient patio furniture really needs to be repainted.)

    • jefe5084

      it was a crime against urban nature

  • BobSF_94117

    I’m no lawyer, but I don’t see what the technical problem is. The purpose of the law is to allow people in other countries to sue in U.S. courts over things done by U.S. entities, regardless of where they do them. Whether the activities took place in the U.S. doesn’t seem to have any connection to jurisdiction.

    • coram nobis

      Original case law on the Alien Torts Claim Act did allow aliens to sue in U.S. courts, given the courts’ ability to get jurisdiction over a defendant, particularly when war crimes or crimes against humanity were at issue. See, e.g., Fil谩rtiga v. Pe帽a-Irala, 630 F.2d 876 (2d Cir. 1980). However, the Kiobel v. Royal Dutch Shell came down from SCOTUS while this case was under way, which basically absolved U.S. corporations of jurisdiction by U.S. courts for such crimes. I was afraid this would happen.

      • m_lp_ql_m

        Alien Tort? Is that like an empanada?

        • coram nobis

          More like four-and-twenty Blackstones, baked in a pie. It was a 1789 statute, after all.

      • BobSF_94117

        The conservatives’ argument in that case seems to ignore the purpose of the ATS entirely just because it doesn’t say something that appears quite obvious. No surprise there.

    • MonochromeMouse

      The problem is the evangelicals are in charge now.

  • Lazycrockett

    Damn.

  • coram nobis

    He lucked out, according to the ruling. A bad SCOTUS decision, Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013), came up during this case and limited the reach of the Alien Tort Claims Act.

  • Ninja0980

    Sometimes there is no justice.

  • shellback

    Sometimes, we tend to forget our friend Karma. It’s not a matter of “if,” but a matter of “when.”

    • Silver Badger

      I wonder if he’s checked for lumps lately. Has the pissant? Pence?

    • Halou

      “Justice delayed is justice denied”

  • MonochromeMouse

    Anything, natural or not, that happens to this rabid animal will be 100% deserved and earned by his evil actions in Africa.

  • MonochromeMouse

    Why did all of his previous dismissal requests get denied if there was jurisdiction? Why was the case allowed to advance in the first place if there was no jurisdiction? Who did he pay off to get this dismissed?

  • That_Looks_Delicious

    I like the way they worded their judgment. They admitted that they don’t have jurisdiction in their court, but said that he is definitely guilty. This could be very helpful if Lively is brought before the Hague or extradited.

  • SammySeattle

    Dammit!! I hate it when I’m right.

    • Cuberly

      Yeah, I was of the same opinion. Maybe it’ll bleed him dry with court costs but still. Didn’t see how this was going to prevail.

  • LeeCMH

    Lively — hateful Christian, gonna hate.

  • Lars Littlefield

    This doesn’t affect the impulse of any of us to just run him over with a Buick, does it?

    • Silver Badger

      No it does not. Please do not run over him with a Buick. At least not more than 5 or 6 times.

      • vorpal 馃樇

        Clearly, seven would be excessive.

        • Bryan

          For….for clarification purposes. Is that seven times forward and seven times back, or just running/backing over him 7 times?

          ….Common, it’s important, last shipment I sent to the Hills People they got mad because I over-tenderized the meat.

        • RaygunsGoZap

          Actually seven is a holy number! I think an argument could be made for a seventh pass.

          • ByronK

            Excellent! Ask him to come celebrate passover and don’t tell him it’s with a Buick.

      • Craig Howell

        Please. In the spirit of “Chicago,” do not allow him to run underneath a Buick more than 5 or 6 times.

    • Joe in PA

      Hey, whaddya have against Buicks? Sheesh. I’m thinking Escalade. Hummer?

      • Lars Littlefield

        I was envisioning a 1975 Buick Electra.

        • Jean-Marc in Canada

          Aw Hell, let’s go real old school, a Pinto!

          • Lars Littlefield

            A handful of Pintos.

    • Judas Peckerwood

      I’m a big fan of the old-school cartoon piano drop.

      • Bryan

        Unless he gets sliced to pieces by the piano wire inside, why give him something he might miraculously survive? Better make it the old-timey massive safes made of solid reinforced steel.

      • Stogiebear

        Hows about we compromise. I have a 1999 Buick Park Avenue that no longer runs (needs a new engine, otherwise in excellent condition). We could drop that on him.

        • Judas Peckerwood

          Hmmm. I’m kinda attached to the jangling-crunch noise that the piano makes when it hits.

          • OdieDenCO

            put the piano in the trunk

          • Judas Peckerwood

            The perfect compromise!

        • Gustav2

          Damn. a Honda just won’t dol

      • Jean-Marc in Canada

        Classic

    • Beagle

      It’d be a waste of a good Buick.

      Make it a Yugo.

      • Jean-Marc in Canada

        No, let’s be sure, I’m thinking steamroller…with spikes.

  • Boreal
    • jefe5084

      Should we invest in Polonium futures?

      • Boreal

        Not for scotty, just for those who leak against dump.

    • ByronK

      Pat! Chug, chug, chug, chug! Go Pat!!

  • Joe in PA

    So I guess he wasn’t using Liberty Counsel as his defense team. Darn.

  • Silver Badger

    Since the American courts have no jurisdiction, can we form a vigilante group and claim jurisdiction as sovereign citizens?

    • Talisman

      Find a deserted island and set up an international tribunal. Or just send him to the moon, with no suit.

  • Halou

    鈥淎nyone reading this memorandum should make no mistake…”

    Horse manure! That’s exactly what is going to happen in America and overseas.

  • Uptown

    When will Christian Inc. pay for what they’ve done? Their anti-abortion acts are one in the same as their anti-gay acts.

  • TheManicMechanic

    I pray he gets a hatchet through the skull. Since he believes prayer works ‘n’ all.

  • Jean-Marc in Canada

    Attention international hackers….you know what to do.

  • Gerry Fisher

    Loophole, meet Scott Lively. Scott, meet a loophole. (You douche.)

  • Clive Johnson

    To me this points in one main direction–the need for a major global advance of very strong human rights law and practice. How primitive must our society be such that Lively can get away with this?

  • Tempus Fuggit

    Gross.

  • david fairfield

    I’m wondering if it can be filed differently….???

  • bkmn

    End the tax exemption for religious orgs and I am 99% sure Lively would find a real job.

  • Mike Knife

    Scott Lively is an anti-gay Christian fanatic terrorist mad man who needs to be locked up. It is plain to see he is insane and wants to kill LGBTQ people any way he can, using any body he can get to go along with his insane madness.

  • El Jorge
  • SDG

    So if the court had no jurisdiction, why did they take the case in the first place?

    • Schlukitz

      After face-palming myself, I too am asking myself the very same question….

    • Friday

      Well, the Alien Tort Statute is pretty thin, but this way at least he gets pronounced guilty and explicitly left off only on the technicality. If he goes anywhere a court *does* have jurisdiction, that ruling’s right there.

    • The_Wretched

      Jurisdiction issues happen after the complaint/ answer part. It’s hard to determine jurisdiction if a case isn’t filed yet.

      • SDG

        Ah… thanks!

  • Naomirclark

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    On tuesday I got a great new Land Rover Range Rover from having earned $8752 this last four weeks.. Its the most-financialy rewarding I’ve had.. It sounds unbelievable but you wont forgive yourself if you don鈥檛 check it
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  • KnownDonorDad

    Good thing the justices at Nuremberg quibbled less over matters of jurisdiction in the face of crimes against humanity.

  • Girlgoon

    Has lively been kicked out of Malaysia yet. Maybe he’ll go there next.

  • JCF

    No jurisdiction—because there’s no humanity in Lively.

  • Tom

    One of the most evil Christians. Unfortunately his devil has given him more time to spread anguish around on this planet.

  • bmoore4026

    Then it’s time to go to The Hague

  • ted-

    Feed him Jim Bakker’s buckets of food as an alternative punishment.