The historic case of a homophobic preacher Scott Lively being
prosecuted for ‘crimes against humanity’ against gay Ugandans has come
to an end.
Sexual Minorities Uganda (SMUG) have said, even though the judge dismissed the case, it is still a ‘win’.
The LGBT rights group of the east African country had used the Alien
Tort Statue, a US law which allows foreign citizens to sue for
violations of international law in US federal courts.
Lively’s lawyers demanded it be dismissed in the first instance. But
in August 2013, a judge ruled a persecution of LGBT people is a crime
against humanity. This meant for the next few years, the extent of
Lively’s homophobic influence in Uganda was able to explored.
Despite the preacher delaying the trial by filing several motions, he failed to stop the case entirely.
But then a Supreme Court ruling in a different case affected the
Alien Tort Statute, saying there must be sufficient connection to the
United States.
And while the judge ruled there had been several emails sent in the
US, this was not enough for the preacher to be sued under that statute.
The judge agreed it was clear Lively collaborated with key Ugandan
government officials and religious leaders that allegedly resulted in
the introduction of the ‘Kill The Gays’ bill.
‘Anyone reading this memorandum should make no mistake,’ wrote Judge
Michael Ponsor, of the US District Court in Springfield, Massachusetts.
‘The question before the court is not whether [Lively]’s actions in
aiding and abetting efforts to demonize, intimidate, and injure LGBT people in Uganda constitute violations of international law. They do.’
Ponsor described Lively’s beliefs as ‘crackpot bigotry’ and
‘pathetic’, and it was clear he ‘tried to repress freedom of expression
by LGBT people in Uganda, deprive them of the protection of the law,
and render their very existence illegal.’
While the case is dismissed, SMUG are considering it a win.
Frank Mugisha, executive director of SMUG, said: ‘The court’s ruling
recognized the dangers resulting from the hatred that Scott Lively and
other extremist Christians from the US have exported to my country.
‘By having a court recognize that persecution of LGBT people amounts
to a crime against humanity, we have already been able to hold Lively
to account and reduce his dangerous influence in Uganda.’
Jen Nessel, from the Center for Constitutional Rights, agrees.
‘SMUG will now work out whether to appeal, or to go to the state
courts. But as far as Lively is concerned, I hope it puts him in his
place.’
‘He will have to curtail his international influence. While he gets
to keep going, he has to stay careful. This case has made him even more
of a pariah in the United States.’
The founder of Abiding Truth Ministries, Lively has made a career of
stirring up anti-gay feelings in the USA and across the world.
He co-authored The Pink Swastika, which suggests ‘homosexuals were
the true inventors of Nazism and the guiding force behind many Nazi
atrocities’ and the rainbow flag is a symbol of the ‘end times’.
In 2007, Lively also toured 50 cities in Russia where he is accused of recommending a ban on ‘gay propaganda’.
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