BOSTON — A federal appeals court has rejected a petition by anti-gay activist Scott Lively to dismiss a complaint that alleges he violated U.S. law by influencing the laws of a foreign country.
In a first-of-its-kind case, advocacy organizations Sexual Minorities of Uganda(SMUG) and the Center for Constitutional Rights filed a lawsuit against Lively in 2012, charging him for “crimes against humanity” and for “helping spread propaganda and violence” in Uganda.
In August 2013, a federal judge ruled that the suit against Lively had merit and could proceed.
Last week, a three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston ruled against Lively’s motion to dismiss the complaint, meaning the case will proceed in federal court, reports Mass Live.
It is the first know case to cite the Alien Tort Statute (ATS) seeking accountability for persecution on the basis of sexual orientation and gender identity.
The statute is a federal law first adopted in 1789 that gives the federal courts jurisdiction to hear lawsuits filed by non-U.S. citizens for torts committed in violation of international law.
The lawsuit against Lively alleges that his actions over the past decade, in collaboration with key Ugandan government officials and religious leaders, are responsible for depriving LGBTI Ugandans of their fundamental human rights based solely on their identity.