U.S. pastor and pro-family activist Scott Lively
Posted on 12/12/2014 7:09:11 AM PST by wagglebee
U.S. pastor and pro-family activist Scott Lively
The First Circuit Court of Appeals has allowed a lawsuit to proceed against U.S. pastor Scott Lively accusing him of “crimes against humanity” for his overseas activism opposing the homosexual agenda.
The plaintiffs are seeking unspecified damages "to be determined at trial" and a declaration that he violated "the laws of nations" by speaking against homosexual “rights.”
Pastor Scott Lively, who recently completed an unsuccessful bid for governor of Massachusetts, was sued in 2012 by the Center for Constitutional Rights (CCR) on behalf of "Sexual Minorities Uganda." The Ugandan homosexual activist group claims Lively’s speeches and sermons warning Ugandan leaders not to follow the liberal West’s lead on homosexuality incited murders, violence, and persecution of homosexuals in the African nation.
The lawsuit is seeking redress under the Alien Tort Statute – a controversial law that has occasionally allowed foreign nationals to sue U.S. citizens in American courts for crimes committed overseas, regardless of whether the law supposedly broken was a U.S. law, or a law in the country where the alleged crime occurred.
Lively asked Judge Michael Ponsor to throw the case out, arguing that his right to free speech is protected under the U.S. Constitution, and nothing he did or said violated Ugandan law. But Ponsor refused in a vitriolic 79-page ruling on August 14, 2013 that called Lively’s opposition to homosexual behavior “ludicrous.” The judge blamed Lively’s speeches for everything from isolated incidences of police brutality against homosexuals in Uganda to the introduction of a controversial bill that would have made homosexual behavior punishable by death. The penalty was later amended to life in prison, but the bill failed anyway.
Lively has expressed support in Uganda and other countries for laws banning pro-homosexual propaganda, similar to the law Russia recently enacted, however he strongly opposed the harsh penalties in the Ugandan bill. The lawsuit claims that by sharing his views with influential people in Uganda, Lively somehow set off a chain reaction of violence and persecution against homosexuals that continues to this day.
Lively appealed to the First Circuit Court, asking them to overrule Ponsor’s judgment and dismiss the case. He again pointed out that he had not broken any U.S. or Ugandan laws, and said he could not be held responsible for the actions of an entire foreign society, nor its individual members, just because he made some speeches in 2009.
But last week, a 3-judge panel on the First Circuit denied Lively’s request. While they conceded that “it is debatable whether [Judge Ponsor] has properly parsed the petitioner's protected speech from any unprotected speech or conduct,” they said that Lively’s “right to extraordinary relief is not clear and indisputable.”
Given the importance of the case to future application of Alien Tort Law, the judges said they would rather allow it to go forward in order to further explore the issues raised by Lively and his lawyers.
“This petition for [dismissal] raises a number of potentially difficult issues with respect to the Alien Tort Statute … and the First Amendment in cross-border application,” the judges wrote. “Further development of the facts will aid in the ultimate disposition of this case.”
In 2002 and 2009, Lively was invited to speak before a group of Ugandan pastors who were concerned about the rise of pornography and homosexuality in their culture. He shared with them the history of how American culture "had been brought low" by homosexual activists in the U.S., and warned them that unless they took action to prevent it from happening in their country, they could expect similar results. He reportedly drew connections between homosexuality and child sexual abuse, noting that historically, most homosexual behavior has started with pederasty -- men having sex with adolescent boys -- and encouraged Ugandans to protect their children from indoctrination or recruitment by gays and lesbians.
Brian Camenker of MassResistance, who works closely with Lively on pro-family issues in Massachusetts, told LifeSiteNews by email that he found the First Circuit’s decision “outrageous.”
“First of all, the charges are ridiculous on their face, and in fact false,” said Camenker. “Second, a U.S. Supreme Court Decision last summer clearly nullified any use of the Alien Tort Act by the plaintiffs, which is the mainstay of their case.” Camenker was referring to Kiobel v. Royal Dutch Petroleum, in which the Supreme Court ruled that the Alien Tort Statute does not apply outside the United States.
Camenker added that Judge Posner “should have recused himself because of his background – going back years – of supporting the homosexual movement and its goals.” He provided a link to an investigatory piece he wrote, which says in part: “Ponsor is openly liberal and a protégé of pro-homosexual Judge Joseph Tauro, who recently ruled to strike down DOMA in the federal court. But that's just his more visible profile.”
Continued Camenker, “Ponsor's bias favoring the homosexual movement goes back several years. At his judicial induction ceremony on Feb. 14, 1994 … Ponsor told the assembled crowd, ‘We have a proud, vibrant gay and lesbian community’ in Western Massachusetts. At that time, it was a particularly unusual statement to make, especially for a judge.”
Camenker noted that Ponsor has indirectly funded the plaintiffs’ legal organization for years with donations to the Community Foundation of Western Massachusetts (CFWF), which funnels money to CCR. Additionally, Ponsor’s second ex-wife and daughter both identify as lesbians, and his first ex-wife was a prominent pro-lesbian activist.
Perhaps more troubling is what Camenker described as Ponsor’s “troubling ties to plaintiff's local counsel, who is also a radical activist.”
“The local opposing counsel in this case, Luke Ryan, worked as a law clerk for Ponsor from 2005-2007 and appears to be close friends with him,” Camenker wrote. “Ryan is an active supporter of Arise for Social Justice, a thuggish pro-homosexual group which, along with ‘Occupy Springfield,’ has terrorized Pastor Lively's downtown coffee house mission. Ryan is also involved with Out Now, a homosexual group that demonstrated against Lively at the court hearing.”
Protecting children from predators is now on the same level as genocide, it is a "crime against humanity."
Freepmail wagglebee to subscribe or unsubscribe from the homosexual agenda or moral absolutes ping list.
FreeRepublic homosexual agenda keyword search
[ Add keyword homosexual agenda to flag FR articles to this ping list ]
FreeRepublic moral absolutes keyword search
[ Add keyword moral absolutes to flag FR articles to this ping list ]
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
District of Maine
District of Massachusetts
District of New Hampshire
District of Puerto Rico
District of Rhode Island
The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts.
The thought police
Looks like the queer supporting or queer judges are gonna try and make an example of Mr. Lively.
Prayers up.
First Circuit Court of Appeals?
We’re actually paying for this BS. Everyone of these clowns should be locked in prison for stealing from the American people.
THINK SPEAK
I’d love to serve on that trial jury.
the UGANDANS are suing him???
amazing
You will comply. Guess the days of “We reserve the right to refuse service” are pretty much over huh? Seriously! I’m pretty much certain that we aren’t gonna get someone running for office (CINC) that’ll stand up and say “ENOUGH! If these folks don’t want your business, quit whining and find someone else. Otherwise sit down and STFU!!!” Sad dang situation ain’t it.
BTTT! Sad conclusions.
Worst Judge EVER!!
You are hereby summoned to appear before The Judges of Sodom.
Recant now, and declare fealty to the Flesh.
Look at how hard liberals are pushing their immoral gay agenda in Africa:
https://www.youtube.com/watch?v=8vOyJ5WCTig
The woman interviewing is intolerable. Also, Liberia has more important issues than the gay agenda’s immoral behavior.
People are dying of ebola in Liberia. There is great poverty there. What are immoral liberals concerned about? Homosexuality??? These people are so evil.
My only question would be is judge Michael Posner “A fruit from a poisonous tree”, or a “poisonous tree” itself?
By his actions, he has so horribly poisoned this case that there is no way it should be able to withstand review. That this First Circuit panel refused to discard it utterly, with prejudice, itself deserves rebuke.
To keep any credibility at all, the First Circuit en banc is going to have to bury this case in quicklime, under a five foot layer of concrete.
The next logical step here is to declare portions of both the New Testament and Old Testament to be “hate speech”.
Government approved Bibles will be released, possession of or teaching from older versions will be a hate crime.
If that sounds preposterous, just think of how far-fetched what’s happening to Lively and what all the bakers, wedding chapel owners and others are going through would have sounded 10 years ago.
If this man is guilty of inciting murder based upon anti-homo “rights” then Al Sharpton and Eric Holder along with a host of other progressive racists are responsible for inciting violence against white Americans and police officers with their anti-white speeches during the Martin and Brown cases. Not to mention the anti-white hate preached in US schools and Universities.
Let it go to trial. God will use the sodomite's (unseemly, vile, wicked men who lie with other man and/or beasts) trial and turn it around so that their prosecution will not only fail, but be an example for people to see that queers are evil, especially towards children.
No parent says, upon the birth of a child, "Oh, I hope my dear little one grows up to be a pervert, a pedarist, or even better, a homosexual!"
Nope, does not happen, no more than parents want their children to grow up to be drug addicts or schizoprenic. Good job for Lively sticking up for what is right. We must all support him with our prayers, and actions if possible.
It was because Christians sat by and did nothing is why Hitler was able to get elected. A homosexual Hiter-like President Fag is on the way if we Christians do not step up up and stop our own courts from turning against us. Wicked senators like Barney Frank, wicked judges like the one who was weirdly picked to try this case, must be removed from their positions.
I swear that more and more they must draw the names of people to be judges out of a hat....some federal judges of late have made some decisions that defy reality....SAD!!
It will be interesting to see if the Supreme Court takes this case at some point. They can do so now, assuming Lively asks for cert, or it could happen after a trial and subsequent appeal to the 1st Circuit. Does anyone know if the Supreme Court has reviewed the alien tort law in question?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.