{UAH} Scott Lively loses bid to dismiss crime-against-humanity lawsuit
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Scott Lively loses bid to dismiss crime-against-humanity lawsuit
SDGLN StaffDecember 5th, 2014
Scott LivelyBOSTON, Massachusetts -- Rabidly anti-gay activist Scott Lively will still face trial for crimes against humanity for his meddling in the politics in Uganda.
The homophobic pastor had petitioned the First Circuit Court of Appeals to dismiss the lawsuit via a writ of mandamus, but the three-judge panel denied the move in this order:
This petition for a writ of mandamus raises a number of potentially difficult issues with respect to the Alien Tort Statute, 28 U.S.C. § 1350, and the First Amendment in cross-border application. Although it is debatable whether the district court has properly parsed the petitioner's protected speech from any unprotected speech or conduct, his right to extraordinary relief is not clear and indisputable. See Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380-81 (2004). Further development of the facts will aid in the ultimate disposition of this case. The petition is denied.
LGBT activists and allies in Uganda sued Lively in a federal court in Massachusetts, saying he violated U.S. law as a private citizen influencing laws in a foreign country. Lively has often visited Uganda, where he has helped to craft the draconian anti-gay bill that has caused international condemnation. The bill was passed at Christmastime last year and signed into law, only to have the Constitutional Court to declare it illegally passed by parliament when it did not have a quorum to vote.
Lively ran for governor of Massachusetts, garnering few votes in the November election.
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