Judge Clears Path for Groundbreaking Lawsuit against Scott Lively
U.S. District Judge Michael Ponser cleared the path on Wednesday for a groundbreaking lawsuit to proceed against . Lively, president of the virulently anti-gay Abiding Truth Ministries, is being by the LGBT rights group Sexual Minorities Uganda (SMU) for his pivotal role in promoting the persecution of LGBT Ugandans.
SMU alleged in its complaint that Lively and his allies 鈥渄evised and carried out a program of persecution鈥� and 鈥渟trategies to dehumanize, demonize, silence, and further criminalize鈥� LGBT Ugandans. They are seeking damages, a finding that Lively violated international law and an injunction against future efforts to persecute their organization and community.
Lively is one of the most virulent anti-gay activists on the scene today. He authored the infamous revisionist history The Pink Swastika, which claims that homosexuality was at the root of the Nazi Party and Holocaust. He makes similar claims about the Rwandan genocide. Judge Ponser described () these arguments as 鈥渂ordering on ludicrous鈥� in his Wednesday ruling.
Lively鈥檚 鈥渓udicrous鈥� arguments have had very real 鈥� and incredibly destructive 鈥� consequences for LGBT Ugandans, and that鈥檚 the basis of the lawsuit. SMU is suing, with assistance from the Center for Constitutional Rights, under the , which allows foreign nationals to sue in American courts for violations of international law.
Lively sought to have the case dismissed by arguing (pdf), among other things, that 鈥渋nternational norms do not bar persecution based on sexual orientation or gender identity with sufficient clarity and historical lineage鈥� for such persecution to be covered by the Alien Torts Statute. He also claimed by way of a recent that that statute could not pertain to his activities outside the U.S.
Judge Ponser dismissed () these objections, finding that Lively carried out the alleged activities in both the U.S. and Uganda. He also found that the 鈥渨idespread, systematic persecution of LGBTI people constitutes a crime against humanity that unquestionably violates international norms.鈥�
That is exactly what Lively sought to carry out beginning in 2002 and running through 2009. He based his efforts on his book, Redeeming the Rainbow, in which Posner said he 鈥渁dvocates criminalizing advocacy on behalf of LGBTI people and attributing acts of sexual violence against children to LGBTI individuals鈥� purported obsession with pedophilia.鈥� He consistently stoked fears among Ugandan parents that gays and lesbians were actively seeking to sexually abuse and 鈥渞ecruit鈥� their children.
The efforts by Lively and his allies to deny basic human rights to LGBT Ugandans culminated with the introduction of the in April 2009 in the Ugandan Parliament. The legislation, better known as the 鈥渒ill the gays鈥� bill, called for the for 鈥渁ggravated homosexuality鈥� (that is, a person who has engaged repeatedly in sex with a member of the same sex).
Sadly, Lively鈥檚 pernicious influence can be seen far beyond Uganda. Russia passed a in June that bans so-called 鈥済ay propaganda鈥� directed at minors. The law imposes fines and even jail time for publishing material promoting equal rights for gays and lesbians if it is seen by minors. It also imposes fines on gay pride rallies.
Back in 2007, Lively went on a 50-city speaking tour to lay the groundwork, describing it like this: 鈥淭he purpose of my visit was to bring a warning about the homosexual political movement which has done much damage to my country and which has now taken root in Russia. This is a very fast-growing social cancer that will destroy the family foundations of your society if you do not take immediate, effective action to stop it.鈥�
He explicitly called on the Russian government to enact legislation similar to what was passed this June, urging it, in his words, to 鈥渃riminalize the public advocacy of homosexuality. My philosophy is to leave homosexuals alone if they keep their lifestyle private, and not to force them into therapy if they don't want it. However, homosexuality is destructive to individuals and to society and it should never publicly promoted. The easiest way to discourage 鈥榞ay pride鈥� parades and other homosexual advocacy is to make such activity illegal in the interest of public health and morality.鈥�
Lively has racked up a number of victories in his effort to demonize and persecute LGBT people around the world. That鈥檚 why Judge Ponser鈥檚 ruling on Wednesday is so encouraging. Lively, for the first time, is facing serious consequences for the lives he鈥檚 ruined in Uganda. And if SMU succeeds, one can imagine similar suits from Russia and elsewhere. Already, a related court battle over the continued criminalization of gay sex, one that could have repercussions in other Caribbean countries, is . The days of American extremists like Lively exporting their bigotry abroad could soon come to an end.
