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MA Pastor's Crimes Against Humanity Case Now in Judge's Hands

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Monday, November 14, 2016   

SPRINGFIELD, Mass. -- It's a first-of-its-kind case that has been in federal court for several years. At issue is whether a Springfield pastor can be held responsible for actions that restricted the legal rights of gay people in Uganda.

The case against pastor Scott Lively was filed in 2012 by the gay rights coalition "SMUG," which stands for Sexual Minorities Uganda. The group alleges that Lively is guilty of persecution, which is a crime against humanity under international law.

Persecution is defined as the severe deprivation of fundamental rights on the basis of a group's identity, said Staff attorney Pam Spees with the Center for Constitutional Rights.

"What we set out in the case is that that's exactly what he set out to do there - to deprive the LGBTQ community of their fundamental rights,” Spees said.

The allegation is that Lively conspired with government officials and religious leaders to pass harsh and oppressive laws and policies outlawing LGBTQ advocacy in Uganda and Russia. Lively contends his actions were protected by the First Amendment and aren't seen as crimes in international law.

Judge Michael Ponsor ruled in 2013 that the allegations, if proven true, would constitute a crime against humanity under international law.

In addition to being a prominent anti-gay advocate, Lively also was an unsuccessful candidate for Massachusetts governor in 2014. The case has drawn the attention of faith leaders as well as the LGBT community, said Cathy Kristofferson with the Stop The Hate and Homophobia Coalition in Springfield.

"The reason I'm involved in this is because a citizen of the Commonwealth of Massachusetts is going around the world preaching that it is wrong to be gay,” Kristofferson said. "It is not, and we'd like him to stop going around the world preaching hate."

According to Spees, the federal suit seeks a ruling from the court that what Lively did was illegal, and asks that damages be awarded.

"They're also seeking an injunction to prevent him from engaging in that kind of criminal activity, which is intended to strip away their rights to expression and advocacy - and to exist - in Uganda,” Spees said.

The court held a hearing last week on Lively's Motion for Summary Judgement. The case is now in the hands of the judge, who is expected to issue a ruling in the next month or two.

More information on the case is available at ccrjustice.org.



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