Judge declares gay-hating Mass. man a festering sore, but dismisses crimes-against-humanity case against him
A federal judge in Springfield who has nothing good to say about one-time gubernatorial candidate Scott Lively today dismissed a lawsuit against him by an LGBTI group in Uganda as being outside the jurisdiction of American courts.
In a ruling in which he decried Lively's "crackpot bigotry" and "ludicrously extreme animus against LGBTI people," US District Court Judge Michael Ponsor ruled there was nothing he could do because virtually all of Lively's activities aimed at persecuting and imprisoning gays and lesbians took place in Uganda, rather than in the US, making them outside the scope of the federal Alien Tort Statute, as defined by a 2013 Supreme Court ruling on the law.
While Lively, who got 19,378 votes as an independent in the 2014 race for governor, did send e-mails of encouragement to Ugandans working on laws to legalize the imprisonment of gay men from his home in Springfield, that's hardly the sort of "forceful contact" required by the Supreme Court for a successful lawsuit under the statute, Ponsor wrote, adding that Lively's hands-on work on the effort took place while he was on visits to Uganda in 2002 and 2009.
Ponsor took pains to note the ruling doesn't mean he is taking Lively's side - and said the plaintiffs could file suit against Lively in Massachusetts state court based on his actions here.
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 posted 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.
Ponsor noted Lively's writings blame gays for pretty much every ill in world history, including Nazism and fascism in Germany and Italy before World War II and pedophilia.
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Comments
His primary run against
His primary run against Charlie Baker will be epic.
tragic and interesting
Tragic, because the Alien Tort Statute's broad potential just keeps getting wasted and chipped away
And yet interesting because, at least the way I read it, Ponsor kind of contradicts himself in the ruling. While he makes the point that "sporadic emails" in an age of widespread internet communication aren't "forceful" enough, at the end, he admits "that Defendant aided and abetted efforts .... to make the very existence of LGBTI people a crime. The record also confirms that these efforts to intimidate and injure the LGBTI community in Uganda were, unfortunately, to some extent successful."
So his activity while in the United States was sporadic but ultimately successful, but somehow that still doesn't meet the standard to apply the statute...
Imagine another scenario
The judge agreed that what he was doing was very bad, but didn't feel like he did it enough (on US soil) to find him guilty. I bet if the guy had spent the same amount of US time sending pro-ISIS emails, he would have been found guilty.
maybe
Original anon here...
But since Isis is a known enemy of the united states, it would first be a case for treason not human rights violations.
Asterisk, not a lawyer but do work in international human rights (no, not a be-vested fraudulent solicitor at Copley, but the real kind), and very much an Alien Tort nerd since college.
Scott Lively is a Christian
Scott Lively is a Christian nut with a compelling life story of redemption (or at least that’s how he tells it) and a well-spoken guy with polite demeanor.
His antics and beliefs would be quite amusing if he wasn’t so influential and effective in spreading his obsessive hatred against LGBT in various autocratic countries.
http://www.scottlively.net/a-brief-autobiography/
Yes, quite the comeback from an early life of hard
knocks. Too bad he wasted it on becoming such a hateful carbuncle on the ass of humanity.
Me thinks
that the lady doth protest too much and people find out that "Lively" was just his bathhouse nickname. Allegedly.