Scott Lively denied second Motion To Dismiss of Crimes Against Humanity charges

By Cathy Kristofferson, September 23, 2013

smugaug2013Today Scott Lively suffered another defeat in his quest to have the Crimes Against Humanity lawsuit brought against him by Sexual Minorities Uganda (SMUG) dismissed. As we reported here on OBLOGDEE, the Federal Court in Springfield ruled against Lively on August 14th to deny his first Motion To Dismiss, which was heard in court January 2013, and referred the case for pretrial scheduling.

A few weeks after the first denial, Lively’s defense team filed an Interlocutory Appeal (an appeal of a ruling made before the trial itself has concluded) trying to once again have the case dismissed.  Lively tried again to re-try the same arguments the court rejected at trial: 1) The Alien Tort Statue does not apply, 2) No substantial grounds proving persecution, and 3) all of Lively’s actions are nothing but free speech.

Last Friday, The Center for Constitutional Rights (CCR) filed an opposition response. Today the court with rapid turnaround promptly denied Lively’s latest Motion To Dismiss.

Today’s ruling by Judge Posner follows Lively’s recent media stunts once again declaring “homosexuality is the moral issue of the End Times”.  Lively also called the defendant’s in the Crimes Against Humanity lawsuit, SMUG, not the coalition of human rights defenders that they are but rather “a handful of Ugandan homosexuals and are really just dupes.”

Lively depicted SMUG’s legal counsel CCR as:

“They are very powerful, they are heavily funded, absolutely dedicated, these are ideologues, these are the hard-left, Marxist ideologues and I am their primary—I am the most visible symbol of opposition to the gay agenda right now in the United States.”


Even as Lively whines about CCR and lead counsel Pam Spees, who Scott Lively calls out by name, notice he can’t help bragging believing himself the number one enemy of the so-called ‘gay agenda’ (or what I like to call the fight for full federal equality).

Hear the full interview audio here.

Lively’s massive ego aside, that is exactly how he has depicted himself for years on his own blog site – Example A is his 2011 “RSVP to the LGBTs” where he opens stating unequivocally:

“I am Pastor Scott Lively and it has been my mission for 25 years to work against the “gay” agenda. I am probably one of your best-known opponents in this world.”

ps_coverToday, Lively posted a shiny new update to his upcoming “SPECIAL 5TH EDITION” of The Pink Swastika’s Chapter 3 THE HOMOSEXUAL ROOTS OF FASCISM.  The book is his fictional depiction of the gay men in Hitler’s inner circle who he claims actually helped mastermind the Holocaust.

Lively is soliciting comments over on his website, so if you have some thoughts to share, why not head on over to his site at scottlively dot net.

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10 thoughts on “Scott Lively denied second Motion To Dismiss of Crimes Against Humanity charges

  1. Great news for all who uphold universal justice. For the benefit of viewers to this site:

    Scott Lively’s book, “Pink Swastika,” is filled with venom and hatred directed against homosexuals. The claim by Lively that homosexuals helped bring Nazism to Germany is based on fabricated lies. Read what a Jewish historian has to say:

    Jonathan Zimmerman, an historian at New York University, wrote the claim that gay people helped bring Nazism to Germany “is a flat-out lie.”[9] Zimmerman, points out that “Between 1933 and 1945, the Nazis arrested roughly 100,000 men as homosexuals. Most convicted gays were sent to prison; between 5,000 and 15,000 were interned in concentration camps, where they wore pink triangles to signify their supposed crime.” He further notes, “To win their release from the camps, some gays were forced to undergo castration. Others were mutilated or murdered in so-called medical experiments by Nazi doctors, who insisted that homosexuality was a disease that could be ‘cured’.” In addition, “Hitler authorized an edict in 1941 prescribing the death penalty for SS and police members found guilty of gay activity.”

    blogged on my site

  2. Hi Melanie & Cathy,   I have attached and hope you can open it a document that originated with Paul Cameron in 1983. It was promoted by Paul Weyrich and the Free Congress Foundation in its newsletter. As you can see it contains all the things the RRR has thrown against us & women for decades. I believe this is where Lively got a lot of his ideas.   Take Care . . . . Jerry


  3. Just so people better understand the process, this wasn’t technically another motion to dismiss (MTD). What it was asking for was permission to appeal the denial of his first MTD before the case concludes.

    Usually motions to dismiss are not subject to appeal until the trial court reaches a final conclusion on the merits of the case. Lively was asking for permission to have the denial certified as one that could be appealed immediately (a so-called “interlocutory appeal.” Even if the judge had granted the request, it would have been entirely at the discretion of the appeals court whether or not to accept the appeal or make him wait until the case was concluded in the district court.

    1. And…. Lively doesn’t like the first answer, so he’s asking the judge to reconsider the denial of his motion to certify the order:

      Motion for reconsideration:
      Memo in support of motion:

  4. Pingback: Anti-gay Scott Lively again tries to avoid Crimes Against Humanity trial | Daily Queer News

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