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HUMBLING SMUG
perspective: pro-family
from the 'Uganda' topic
06-Jul-2012

Source: In House
Author:
Abstract:
A Message from ATM President Dr. Scott Lively
[ send this article to a friend ]

HUMBLING SMUG

Dear Friends,

I am very pleased to report that we have filed our Motion to Dismiss the SMUG lawsuit against me for “Crimes Against Humanity” for my preaching against homosexuality in Uganda. It was prepared by a team of lawyers at Liberty Counsel led by Senior Litigation Counsel Horatio Mihet and it is a masterpiece!

As you know, the group called Sexual Minorities Uganda (SMUG), represented by a Communist-leaning law firm in New York called the Center for Constitutional Rights, filed this lawsuit against me in March, garnering international attention to the “gay” accusation that I was the mastermind of the so-called “Kill the Gays Bill” in Uganda. That is a baseless charge which I have repeatedly rebutted with clear documentation of my actual beliefs and recommendations to the Ugandan government. The lawsuit if patently bogus and frivolous.

I have posted my comments about their Complaint and our Motion to Dismiss, with links to both documents at my blog www.scottlively.net. You will also find there my posting titled Analysis of the SMUG Lawsuit.

For your information I am closing this e-mail with the text of the Introduction to the Motion to Dismiss:

In this action brought under the Alien Tort Statute, Sexual Minorities Uganda (“SMUG”), an alien organization, launches a direct assault on the supremacy and portability of the United States Constitution, seeking to render the bedrock protections of the First Amendment subservient to the inchoate and amorphous dictates of “international law.” SMUG asks this United States Court to punish one of its citizens, Mr. Lively, for “crimes against humanity” under an international treaty that the United States has expressly rejected. Moreover, what SMUG cavalierly and conclusorily labels as “crimes against humanity” – the most heinous of crimes – is actually nothing more than civil, non-violent political discourse in the public square on a subject of great public concern, which occupies the highest rung of First Amendment protections.
SMUG does not and cannot allege that Mr. Lively has ever incited anyone to imminent violence. The six specific acts of “persecution” that SMUG alleges in its forty-seven (47) page Complaint were, according to SMUG’s own allegations, committed by other individuals not before this Court. SMUG alleges no plausible connection between Mr. Lively and the actual perpetrators of those alleged violent acts, and, indeed, Mr. Lively’s name is not mentioned a single time within the many pages of the Complaint that describe those six events.
While SMUG tries to turn those six events allegedly perpetrated by other people into a “widespread and systematic attack against a civilian population,” SMUG does not tell this Court that, according to its own chairman, it has already “received justice” in Ugandan courts, where SMUG and its constituents have been awarded damages against police, damages against tabloid publications and permanent injunctions against incitements to violence. SMUG also does not tell the Court that David Kato – the murdered Ugandan activist whom SMUG makes the centerpiece of this lawsuit – was killed not by an enraged homophobe incited by Mr. Lively’s protected speech, but by a homosexual prostitute upset over a failed business transaction. Neither does SMUG tell the Court that the confessed perpetrator of this horrible crime was tried and convicted in Ugandan courts, and is now serving a thirty-year prison sentence. And, finally, SMUG does not tell the Court that, far from inciting violence, Mr. Lively has consistently condemned acts of violence and calls to violence in the strongest possible terms, and has praised the Ugandan courts for imparting justice.
Rather than clogging up a United States Court with a frivolous lawsuit designed only to shut down peaceful public discourse, SMUG should continue to seek and receive justice in its home country, against the individuals who actually perpetrate crimes. SMUG has no cause of action against Mr. Lively. This lawsuit should be dismissed.

That’s all for now…

More at www.scottlively.net and in the “Uganda” section of the news archives at
www.defendthefamily.com

Blessings,

Pastor Scott Lively


Useful Links:

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· Mission: America
· National Association for the Research and Therapy of Homosexuality
· National Network of Youth Ministries
· National Right to Life
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· Portland Fellowship
· Preserve Liberty
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