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. § 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· 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·. 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.