Unfinished Lives

Remembering LGBT Hate Crime Victims

Anti-Gay Activist Pastor Scott Lively Ordered to Stand Trial for Crimes Against Humanity

Scott Lively, now to be defendant in international crimes against humanity lawsuit case.

Scott Lively, American anti-gay extremist, now to be defendant in international crimes against humanity lawsuit case.

Springfield, Massachusetts – In a historic judicial ruling, a federal judge denied a motion filed on behalf of U.S. hate pastor Scott Lively asking the court to dismiss a lawsuit accusing Lively of international crimes against humanity. This unprecedented decision by Judge Michael A. Ponsor, Senior Judge on the U.S. District Court for the District of Massachusetts, effectively orders Lively to face charges that establish anti-gay persecution as a crime against humanity, according to Out.com.  In his ruling issued on Wednesday, August 14, U.S. District Judge Ponsor stated, “Widespread, systematic persecution of LGBTI people constitutes a crime against humanity that unquestionably violates international norms.”  Judge Ponsor, a Rhodes scholar and widely respected federal justice, went on to say,  The history and current existence of discrimination against LGBTI people is precisely what qualifies them as a distinct targeted group eligible for protection under international law. The fact that a group continues to be vulnerable to widespread, systematic persecution in some parts of the world simply cannot shield one who commits a crime against humanity from liability.”

 Lively, founder of Abiding Truth Ministries, Inc., and author of the virulently anti-gay book, The Pink Swastika: Homosexuality in the Nazi Party (1995), has made a living by reviling LGBTQ people in the USA and around the world.   Notoriously, Lively is a central propagandist inciting homophobic lawmakers in the central African nation of Uganda to enact draconian laws such as the “Kill the Gays Bill” pending before parliament, making homosexuality illegal and in some cases punishable by death.  But Lively has not limited his vilification of LGBTQ people to Africa by any means, according to the Intelligence Files of the Southern Poverty Law Center (SPLC), a watchdog organization monitoring all manner of hate crimes emanating from the U.S.  The SPLC details Lively’s hate-mongering throughout the USA through front organizations such as the Oregon Citizens Alliance (OCA), the California branch of the American Family Association (AFA), Lively’s own spawn, Abiding Truth Ministries of Massachusetts, and, most recently, Watchmen on the Walls (WOTW), an extremist anti-gay organization with an international outreach that Lively co-launched in Riga, Latvia in 2007.  Lively’s religion-based bigotry and Holocaust revisionism, particularly his spurious claims that homosexuals dominated the German Nazi Party and instigated the immolation of millions of European Slavs and Jews during World War II, have incited suspicion, hatred, and violent persecution of countless LGBTQ people in Africa, Russia, and around the world.
Ugandan protestors outside London embassy [Voice of America photo].

Ugandan protestors outside London embassy [Voice of America photo].

Lively’s anti-gay activism in Uganda has finally caught up with him.  The SPLC reports: “[Lively’s]  work in Uganda led to a lawsuit against him under the Alien Tort Claims Act, filed March 14, 2012, by Sexual Minorities Uganda, an LGBT rights group in that country. The lawsuit alleges that Lively conspired with political and religious leaders in Uganda beginning in 2002 to incite anti-gay hysteria with warnings about the dangers of homosexuals to children and homosexuality to Ugandan culture.”  This lawsuit, Sexual Minorities Uganda v. Lively, filed by the Center for Constitutional Rights (CCR) on behalf of Sexual Minorities Uganda (SMUG), is the suit U.S. District Judge Ponsor allowed to proceed against Lively.  The suit alleges that Lively directly consulted and instigated with Ugandan religious and government authorities to deprive LGBTQI Ugandans of their basic human rights solely and deliberately as a result of their identities.  According to the statues of the International Criminal Court, such activities as enslavement, torture, murder and “persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds,” constitute “crimes against humanity.” Out.com indicates that the Alien Torte Statute allows foreign nationals to sue for violations of international rights in U.S. courts.  In the language of the SMUG lawsuit, Lively “through actions taken both within the United States and in Uganda has attempted to foment, and to a substantial degree has succeeding in fomenting, an atmosphere of harsh and frightening repression against LGBTI people in Uganda.”
U.S. District Judge Michael A. Ponsor issued the historic ruling against Scott Lively on August 14, 2013.

U.S. District Judge Michael A. Ponsor issued the historic ruling against Scott Lively on August 14, 2013.

While the court battle is hardly over, Wednesday’s ruling in U.S. District Court is a clear defeat of Lively’s heretofore unaccountable hate speech and advocacy against sexual and gender variant minorities, and a shot across the bow of any other individuals or organizations that seek to deny the rights of LGBTQI people throughout the world.  It is also a blow to the anti-gay Liberty Counsel, a rightwing legal consortium created by the arch heterosexist/homphobic evangelical ideologue, Rev. Jerry Falwell, which set out to defend Lively from the CCR/SMUG lawsuit.  The lead attorney for CCR, Pam Spees, responded to press requests for comment, saying, “We are gratified that the court recognized the persecution and the gravity of the danger faced by our clients as a result of Scott Lively’s actions. Lively’s single-minded campaign has worked to criminalize their very existence, strip away their fundamental rights and threaten their physical safety.” Frank Mugisha, Director of Sexual Minorities Uganda (SMUG) and winner of the Robert F. Kennedy Human Rights Award, said to Gay Star News after the ruling was made public Wednesday, “Today’s ruling is a significant victory for human rights everywhere but most especially for LGBTI Ugandans who are seeking accountability from those orchestrating our persecution.”

The case has now been referred to U.S. District Magistrate Judge Kenneth P. Neiman to be scheduled for a pretrial conference at a future date.  The full Memorandum and Order issued by U.S. District Judge Michael A. Ponsor is available here.

August 15, 2013 Posted by | "Kill the Gays Bill", Abiding Truth Ministries, Africa, Anti-Gay Hate Groups, Anti-LGBT hate crime, anti-LGBT hate crime murder, Center for Constitutional Rights (CCR), Crimes against humanity, GLBTQ, Hate Crimes, hate speech, Heterosexism and homophobia, LGBTQ, Liberty Counsel, Massachusetts, religious hate speech, religious intolerance, Russia, Scott Lively, Sexual Minorities Uganda (SMUG), Social Justice Advocacy, Southern Poverty Law Center, The Pink Swastika, Uganda, Watchmen on the Walls | , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment


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