SMUG Pleased with course of Legal Case Against Scott Lively
Uganda LGBTI thrilled as US Court Allows Case Against US Anti-Gay
Religious Leader to Proceed
August 19, 2013 Kampala, Uganda –
Sexual Minorities Uganda (SMUG) happily welcomes the court ruling by US Federal judge on Wednesday August
14, 2013. In the historic ruling the judge rejected
a motion to dismiss a crimes against humanity case brought by Sexual Minorities
Uganda (SMUG) against evangelical Pastor Scott Lively of Massachusetts. The judge ruled that persecution on the basis of
sexual orientation and gender identity is indeed a crime against humanity and
that the fundamental human rights of Lesbian Gay Bisexual Transgender and
Intersex [LGBTI] people are protected under international law.
“Widespread, systematic persecution of LGBTI people
constitutes a crime against humanity that unquestionably violates international
norms,” said Judge Michael Ponsor. “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.”
The ruling means that the Center for Constitutional Rights (CCR), who
brought the case on behalf of Sexual Minorities of Uganda (SMUG), can move
forward over defendant Scott Lively’s request to dismiss the lawsuit.
The lawsuit alleges that Lively’s actions over the
past decade, in collaboration with key Ugandan government officials and
religious leaders, are responsible for depriving Ugandan Lesbian Gay Bisexual
Transgender and Intersex people of their fundamental human rights based merely
on their identity, which is the definition of persecution under international
law and is deemed a crime against humanity. This effort bore fruit most notably
in the introduction of the infamous Anti-Homosexuality Bill commonly known as
“the Kill the Gays bill”, which Lively abetted.
Frank Mugisha, the Executive Director of SMUG said,
“This ruling should be a clear signal to extreme religious groups all over the
world, and especially those that spread hate here in Uganda, that their hatred
will not go unpunished by the arm of the law.”
Lively has also been active in countries like
Russia where a new law criminalizing gay rights advocacy was recently passed.
In 2007, Lively toured 50 cities in Russia recommending some of the measures
that are now law.
“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.” Said CCR Attorney Pam Spees
U.S. law allows foreign citizens to sue for
violations of international law in U.S. federal courts under the Alien Tort
Statute (ATS). The case, Sexual Minorities Uganda v. Lively, was
originally filed in federal court in Springfield, MA, in March 2012. Today’s
ruling is here.
For more information, visit CCR’s case
page.
Sexual Minorities Uganda (SMUG) is an advocacy network comprised of 18
member organizations committed to advancing the rights of lesbian, gay,
bisexual, transgender and intersex people in Uganda. SMUG was founded in 2004
as a non-profit organization. Follow @SMUG2004; Like us at http://www.facebook.com/ smug2004
The Center for Constitutional Rights is dedicated to advancing and
protecting the rights guaranteed by the United States Constitution and the Universal
Declaration of Human Rights. Founded in 1966 by attorneys who represented civil
rights movements in the South, CCR is a non-profit legal and educational
organization committed to the creative use of law as a positive force for
social change. Visit www.ccrjustice.org;
follow @theCCR.
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