Pepe Onziema Said “I came to Springfield to face the devil.” (Meaning in the form of Scott Lively)
By Melanie Nathan, January 07, 2012.
Today a large crowd of U.S. LGBTQI activists, holding signs outside the Hampden Federal Courthouse, Massachusetts, braved the early morning cold, to support Uganda’s LGBTI community in the first case of its type on U.S. soil, where opening arguments commenced today in a Motion for Dismissal, by Pastor Scott Lively.
Uganda’s lesbian, gay, bisexual, transgender and intersex community of Uganda, under the umbrella organization Sexual Minorities of Uganda (SMUG), represented by The Center for Constitutional Rights (CCR), are suing anti-gay Pastor Scott Lively, from Abiding Truth Ministries, in a case charging that he had committed crimes against humanity.
The lawsuit has been brought under the Alien Tort Act, which allows foreigners to sue in American courts in situations alleging the violation of international law. The suit claims that Lively’s actions resulted in the persecution, arrest, torture and murder of homosexuals in Uganda.
The activists from several U.S. organizations joined six of the Ugandan Plaintiff members of SMUG who arrived from Uganda especially to attend the hearing, where Lively is requesting, for the second time, that the case against him be dismissed by the Court.
The case against Lively asserts that he went beyond hate-mongering and that he actually actively pursued a strategy together with influential co-conspirators, including pastors and parliamentarians in Uganda, to “criminalize advocacy,” by conspiring to violate LGBTI Ugandan’s rights to free speech, assembly and the freedom of association by LGBTI groups.
After hearing argument by both sides today, the Judge reserved his decision. A further and more detailed report shall follow this report. In the meantime the Judge has reserved Judgment for a later date as to whether or not the case will be dismissed or proceed to trial.
Amongst the LGBT supporters and activists was Lt. Dan Choi, Cathy Kristofferson, co-lead of GetEQUAL MA., human rights defender Pepe Onziema, the Advocacy and Policy Officer of SMUG, who attended the oral arguments. (See Picture , bottom Right)
Pepe when speaking to the crowd answered the question why he chose to come to Springfield, MA: “I came to face the devil.” (Meaning Scott Lively who had so dramatically impacted his life.)
“Coming face to face with the man who has caused us so much pain is important to me. We want him held accountable for the escalating homophobia and persecution in Uganda. This case is about making it clear to people who have exported their hate agenda to Uganda that their actions have a very real effect on us and they must stop.” Said Pepe.
At a Press Congference and rally held after the hearing Kristofferson made the following speech:-
I want to thank The Center for Constitutional Rights for bringing this ‘Crimes Against Humanity’ lawsuit against Scott Lively. I want to thank the human rights defenders of Sexual Minorities Uganda (SMUG) for their courage to bring this lawsuit, and I want to thank all of you who have come here today in support of this.
Whether it is here in Springfield MA, or Uganda, or Moldova, or Springfield Missouri, conspiring to persecute the gay and trans communities, denying us our full and equal human rights is wrong. We are here today to hold those whose actions conspire to persecute and deny us our rights, accountable.
No one will ever deny Scott Lively his First Amendment right to free speech, nor his freedom to practice his religion. However when he puts his speech and religion into actions that discriminate, oppress and persecute it proves to have dire consequences, as it has done in Uganda.
What we have here today is the coming together of two continents. We are all here because we believe in the rights inherent in our respective Constitutions as well as the Human Rights declarations that govern this globe, the one which keeps Nations as friends.
Our US Constitution’s Equal Protection Clause of the 14th Amendment that says “no state shall … deny to any person … the equal protection of the laws”. But these rights are being denied us because people like lively and his friends travel around collaborating with Government officials and religious leaders to oppress us.
The Ugandan Constitution guarantees Human Rights and Freedoms to all stating “All persons are equal before and under the law”, granting the rights of Equality and Freedom from discrimination, Respect for human dignity and protection from inhumane treatment, Right to privacy, and Freedom of assembly. Denying LGBTI people these rights has become the willful target of the Kill The Gays Bill as a direct result of Scott Lively’s vicious actions. And as bad as the impending Kill the Gays Bill is, its lobby impacts the day to day lives of those in Uganda who are currently being harassed and persecuted as a result of the hatred it has incited.
So whether it is a ‘nuclear bomb’ dropped in Uganda or a ‘Trojan Horse’ exposed in Missouri or rallying against ‘homo-fascists’ on Boston Common, Scott Lively’s own words and deeds do not hide from his intention which is to eradicate and cleanse the world of LGBTI people. All persecution, producing such severe harm, is unjust and those who incite it must be brought to justice.
Cathy Kristofferson is a queer rights activist living in central Massachusetts. She is a co-State Lead of GetEQUAL MA, a board member of Join The Impact MA, and member of the Stop The Hate and Homophobia Coalition Springfield. Cathy is also a member of the Homeless Youth Task Force of the MA Coalition for the Homeless, and is working with the LGBT Working Group of the Unaccompanied Homeless Youth Commission of the Executive Office of Health and Human Services of the Commonwealth of Massachusetts.
CCR REPORTS AS FOLLOWS:-
January 7, 2013, Springfield, MA –A federal judge heard arguments today in a case charging that Massachusetts leader Scott Lively’s actions in anti-gay efforts in Uganda constitute persecution under U.S. and international law.
The lawsuit, brought by the advocacy group Sexual Minorities Uganda, alleges that Lively’s actions over the past decade, in collaboration with key Ugandan government officials and religious leaders, are responsible for depriving LGBTI people in Uganda of their fundamental human rights based solely on identity. This is the definition of persecution under international law and is deemed a crime against humanity. U.S. law allows foreign citizens to sue Americans for crimes against humanity under the Alien Tort Statute (ATS). The Center for Constitutional Rights (CCR) filed the suit, the first such case brought to protect the rights of LGBTI people, on behalf Sexual Minorities Uganda.“Coming face to face with the man who has caused us so much pain is important to me. We want him held accountable for the escalating homophobia and persecution in Uganda. This case is about making it clear to people who have exported their hate agenda to Uganda that their actions have a very real effect on us and they must stop,” said Pepe Julian Onziema, the Advocacy and Policy Officer at Sexual Minorities Uganda. READ MORE http://www.ccrjustice.org/newsroom/press-releases/federal-court-hears-persecution-case-against-anti-gay-leader-scott-lively
To read more pre-hearing commentary http://oblogdeeoblogda.me/2013/01/05/scott-lively-is-still-persecuting-ugandan-gays/
In this picture is Ugandan LGBTI activist Pepe Onziema, from SMUG.
SHORT LINK TO THIS PIECE – http://wp.me/pqRPa-26U
Photos: Joe Oliverio and Cathe Kristofferson©
By Melanie Nathan © 2012 All Rights reserved, O-Blog-Dee-O-Blog-Da
Contact: Melanie Nathan
[email protected]
Tweeting:- @melanienathan1 #Stopthehate
Facebook: https://www.facebook.com/pages/Melanie-Nathan-Advocacy/253495108038074?ref=hl
Contact: Cathy Kristofferson:
[email protected]
Tweeting: @ge_ma_lead
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HEY ALL, Dan is there see pic on my wall. Posting this around as it is an ‘international’ law case and won’t be well understood by most. Posted link to this blog under Dan’s pic.
Yes I saw Dan in one of our other pics – Which I have on this , I added his name. Thanks L/
Here is Dan’s personal comment re yesterday: I was inspired seeing the dozen gay Ugandans and a packed courthouse of supporters (+2 overflow courtrooms) Seeing the “christians” with murder on their lips cheering on the Goebbels (in the words of the judge, mind you) of our day made me nauseous. Three times I extended my hand to Rev. Scott Lively but he refused until the last time, begrudgingly. Even warlords show courage and mutual respect enough to shake the hand of their enemies.
Of all the opponents of gay equality whom I’ve met and shook hands with (including Tony Perkins, Elaine Donnelly, The God Hates Fags church and others, Scott Lively was the only one who displayed such cowardice. He said “No, not today.” and nervously motioned his hand no. After the hearing, i told him my hand would always be extended he said. okay and looked away. THen he finally shook my hand nervously and agreed to have a chat once this is all over.
I am a pastor’s kid. I have never EVER seen a pastor so childish but I am glad he saw our signs. I do hope that he has a Saul of Tarsus moment, to know that when he persecutes and tells Ugandans to do his dirty work that he persecutes Jesus, and remembers the verse:
Matthew 25:40 Inasmuch as you do to the least of my brothers and sisters, you do it unto me.
Congratulations to Pam Spees at Center for Constitutional Rights and the BRAVE Ugandans who risked their lives and will continue to do so upon return this week to their native land. We pray for you, we uplift you. You uplift us. I am so ashamed that my country allows such an export of hate and sets a demeaning example, and that American Christians are not louder against Lively’s hateful representations in Uganda.
Thanks L
The devil Scott Lively is facing is looking back at him in the mirror.
indeed…
This is commendable work from. Those of us who worked tirelessly along public health and in efforts to include LGBTIQQ in HIV and Health care saw a drop in attendances following the 2009 Hate campaigns. This persecution continued but we persisted until it almost cost some of us our lives. We had to flee for dear life.Those who managed to establish this milestone at Springfield,I do commend you.
ALSO Here, I missed Scott’s post on KOS yesterday, but he was able to include the ruling: NOT DISMISSED….and he notes: (as did Dan)
Judge seems to want to wait on a SCOTUS case. Note the judge also referred to Scott Lively…as (American) GOEBBELS … look him up if you don’t understand.
ALSO FYI in case it happens here: “CCR tweeted after the hearing:
If #ScottLively were doing this in US w result that #LGBT groups were raided & staff arrested, YOU could sue under 42 U.S.C 1985(3)
a key quote
YES we are putting up an article that will include more of the transcript and you will see this comment in of more of the transcript. It is traditional for judges in the delivery of argument to tackle counsel on the difficult aspects of the case. This remark by the Judge helps the PLaintiffs as the Judge is giving them an opportunity to provide the information with clues as to what he holds critical to the case for dismissal. You will see from our new article which will go up this weekend that the PLaintiff attorney Ms. Spees did a fine job of answering this. Of course thos was a bold lawsuit and admirable that CCR was willing to take on Lively. Someone in the USA needed to show the world that conspiracy by Americans to persecute a group in a foreign country is intolerable and that even if it is merely to asnwer to this suit, Lively is being held accountable for his ACTIONS. Its not about what he said, its about what he DID. The Judge will not dismiss the case. He will give them an opportunity to prove this in a Trial. I have no doubt on the merits. The only way the case would be dismissed is if SCOTUS decides another current Alien Tort Act case to be w.o Jurisdiction in the U.S.A./ ….so all moot until the trial. Thanks for commenting.
The case ultimately depends on what acts Lively took. Some of the complaints will likely be dismissed, such as claims that he advocated for legislation or that his speech created a hostile environment. Americans are allowed to advocate for unwise or unconstitutional policies; it is hard to see why advocating a foreign government to adopt a policy or enforce an existing policy would be punishable by an American court. Holding Lively liable for speech on the basis that it created a hostile environment does not meet the Brandenburg standard.
The only parts of the complaint that might be actionable are the parts which allege that he incited acts of unlawful violence, which would necessarily require a trial and a Brandenburg analysis.
The speech part is evidentiary as stated by Pam Spees in her argument. So it is extremely relevant even though not actionable i its own right.
AS promised http://oblogdeeoblogda.me/2013/01/13/oral-arguments-convey-accountability-for-scott-livelys-anti-gay-mission/ Without this opportunity under the Alien Tort Act, Lively could have got off without rebuke. However now he has to show up, and spend hundred of hours on this case to defend himself. He can whine and cry and play victim until the cows come home, but he cannot escape that what he did exceeds the bounds of his religious freedoms.
Awww, Scott! Couldn’t happen to a nicer guy! 99% of the people are sent into this world to act as good examples. You, however…. Thanks for showing us how NOT to act!
Dakotahgeo, M.Div. Pastor/Chaplain