Pastor Scott Lively Files For Dismissal With First Circuit Court Of Appeals

Scott Lively has filed a demand that his trial for crimes against humanity be suspended while he pursues a dismissal with the First Circuit Court of Appeals. Lively's first motion to dismiss was rejected by the district court in August. From today's notice to the lower court:

This Court cannot be the first tribunal, worldwide, to recognize a claim for "persecution” based upon sexual orientation, because the ATS [Alien Tort Statute] precludes judicial creativity, requires judicial restraint, and provides only limited jurisdiction over clearly defined and universally accepted norms (Ex. A at 15-21); and (3) Lively’s alleged speech and conduct are not “criminal activity” but core political expression protected by the First Amendment (Ex. A at 21-25). The lower court usurped its authority in refusing to dismiss this action, because it is clearly without jurisdiction and SMUG’s claims are firmly foreclosed by the First Amendment. An extraordinary and immediate intervention by this Court is necessary because Lively has exhausted all alternatives and has no other viable means to confine the lower court to the lawful exercise of its proscribed jurisdiction, and to safeguard his First Amendment rights.

Lively is being defended pro bono by the Liberty Counsel. (Via Equality Case Files)