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Court allows lawsuit against U.S. pastor for helping with Uganda anti-gay bill

Judge determines LGBT people eligible for protection under int’l law

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Scott Lively, gay news, Washington Blade, anti-gay, ex-gay
Scott Lively, gay news, Washington Blade, anti-gay, ex-gay

A U.S. district judge is allowing a case to proceed Scott Lively for fomenting anti-gay sentiment in Uganda. (Screen shot via YouTube).

A federal district court in Massachusetts announced on Wednesday it will allow a case to proceed against evangelical Christian Scott Lively for unlawfully fomenting anti-gay sentiment in Uganda and encouraging passage of the country’s pending “Kill the Gays” bill.

In a 79-page decision denying summary judgment in favor of Lively, U.S. District Judge Michael Ponsor refers the case to Magistrate Judge Kenneth Neiman for a pretrial scheduling conference.

“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,” Ponsor writes. “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.”

Lively, president of the California-based Abiding Truth Ministries, is known for advocating that gay people should be jailed ā€” even in countries overseas.Ā In 2009, Lively was one of three pastors who went to Uganda to deliver a series of talks on the threat of homosexuality to African society.

According to the New York Times, Lively, in addition to these talks, met with Ugandan lawmakers to discuss the now infamous anti-homosexuality legislation colloquially known as the “Kill the Gays” bill, which in some circumstances would institute the death penalty for homosexual acts. Still, Lively later reportedly said he doesn’t support a bill that includes the death penalty.

The California-based pastor has argued for the criminalization of homosexuality at least since 2007, when he wrote an open letter to the Russian people calling for them to make it illegal. The anti-gay propaganda law that has generated significant outcry in recent weeks is along the lines of what Lively envisioned in the letter.

“My philosophy is to leave homosexuals alone if they keep their lifestyle private, and not to force them into therapy if they don’t want it,” Lively wrote “However, homosexuality is destructive to individuals and to society and it should never publicly promoted. The easiest way to discourage “gay pride” parades and other homosexual advocacy is to make such activity illegal in the interest of public health and morality.”

The lawsuit was filed against Lively in March 2012 by the Massachusetts-basedĀ Center for Constitutional Rights on behalf of Sexual Minorities Uganda, or SMUG, a Uganda LGBT group working to stop passage of the Uganda’s anti-homosexuality law.

Frank Mugisha, the director of SMUG, told the Washington Blade he’s “very pleasedĀ the court ruled to proceed” with the case against Lively.

“This shows that no one can violate international and abuse human rights,” Mugisha said. “LGBT rights are universal.”

The Center for Constitutional Rights is suing Lively on the basis of state law and theĀ Alien Tort Statute, whichĀ allows U.S. courts to hear human-rightsĀ cases brought by foreign citizens for conduct committed outside the United States. The organization is seeking compensatory damages, declarative relief that Lively’s actions violated the law of nations and an injunction prohibiting him for engaging in such activity again.

Pam Spees, a senior staff attorney with the Center for Constitutional Rights, said she’s “elated” the court allowed the case to proceed.

“I think it’s going to have a long-term effect in different places, not only in Uganda, but elsewhere where persecution is happening in this way,” Spees said. “The recognition that LGBT people are entitled to the same protections as anyone else and are entitled to be protected against persecution like any other group is a historic confirmation that this is a basic fundamental principle of international law.”

The social conservative legal firm known as the Liberty Counsel is representing Lively in the case. The organization didn’t immediately respond to the Blade’s request to comment, but Spees said she expects his attorneys to appeal one or more of the grounds the court cited to allow the case to proceed. Resolution to the case, Spees said, could take a number of years.

Mark Bromley, chair of the LGBT international group Council for Global Equality, said the court’s decision to allow the case to proceed “is both persuasive and groundbreaking” because it establishes persecution LGBT people may constitute a crime against humanity.

“This is also a small but important first step in exposing those who seek to export homophobia from the United States to the rest of the world,” Bromley added. “And I hope it serves as a common-sense warning to those political and religious leaders around the world who continue to target LGBT individuals for their own selfish political gain.”

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National

Anti-LGBTQ Franklin Graham to give invocation at Trumpā€™s inauguration

Evangelical leader also delivered address in 2017

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Franklin Graham speaks at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpā€™s inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.

Graham, who serves as president and CEO of Samaritanā€™s Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpā€™s first inauguration in 2017.

As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.

He supported the draconian laws in Russia targeting ā€œpropaganda of nontraditional sexual relationsā€ that have been used to suppress media that presents ā€œLGBTQ identities and relationships in a positive or normalizing light.ā€

Praising Russian President Vladimir Putin for taking ā€œa stand to protect his nationā€™s children from the damaging effects of the gay and lesbian agenda,ā€ Graham also bemoaned that ā€œAmericaā€™s own morality has fallen so far that on this issue.ā€

Grahamā€™s anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ā€œlying, adultery, or murder,ā€ and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to ā€œteach our children something that is an affront to God.ā€

When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that ā€œpeople of NC will be exposed to pedophiles and sexually perverted men in womenā€™s public restrooms.ā€

Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ā€œrecruitā€ children into being gay, lesbian, or transgender.

He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had ā€œshaken his fist at the same God who created and defined marriage,ā€ adding, ā€œit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā€

Graham also supports the harmful and discredited practice of conversion therapy, which he likened to ā€œconversion to Christianity.ā€

When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that ā€œMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā€” not two men, not two women.”Ā 

Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.

Particularly during the incoming presidentā€™s first campaign as the GOP nominee and during his first term, the evangelical leaderā€™s support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader. 

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The Vatican

Vatican approves Italian guidelines for gay priests

Seminary candidates cannot be denied because of sexual orientation, must remain celibate

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Pope Francis (Photo by palinchak via Bigstock)

The Vatican has approved new guidelines that opens the door for gay men in Italy to become priests.

The New York Times on Jan. 10 reported the Vatican approved the guidelines the Italian Bishop’s Conference adopted last November.

The guidelines specifically stipulate seminaries cannot reject applicants simply because of their sexual orientation, as long as they remain celibate. They will remain in place for what the Times described as a “3-year trial period.”

ā€œThis development is a big step forward,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a press release. “It clarifies previous ambiguous statements about gay seminary candidates, which viewed them with suspicion. This ambiguity caused lots of fear and discrimination in the church, way beyond the arena of seminary admissions.”

ā€œThis new clarification treats gay candidates in the same way that heterosexual candidates are treated,” added DeBernardo. “That type of equal treatment is what the church should be aiming for in regards to all LGBTQ+ issues.”

The Vatican in 2016 reaffirmed gay men becoming priests.

ā€œThe church, while profoundly respecting the persons in question, cannot admit to the seminary or to holy orders those who practice homosexuality, present deep-seated homosexual tendencies or support the so-called ā€˜gay culture,ā€™ā€ reads a document the Vatican’s Congregation for the Clergy released that Pope Francis approved.

The document essentially reaffirmed the Vatican’s 2005 position on the issue. (Benedict XVI was pope at the time.)

The Vaticanā€™s tone towards LGBTQ and intersex issues has softened since Francis became pope in 2013.

Francis publicly backs civil unions for same-sex couples, and has described laws that criminalize homosexuality as ā€œunjust.ā€ Francis in 2023 said priests can bless same-sex couples.

The pontiff earlier this month named Cardinal Robert McElroy of San Diego, who DeBernardo notes has made “strong positive statements regarding LGBTQ+ issues,” as the new archbishop of Washington. President-elect Donald Trump has nominated Brian Burch, the president and co-founder of CatholicVote, an anti-LGBTQ Catholic group, to become the next U.S. ambassador to the Vatican.

Francis during a 2023 interview with an Argentine newspaper described gender ideology as ā€œone of the most dangerous ideological colonizationsā€ in the world because ā€œit blurs differences and the value of men and women.ā€ A declaration the Vaticanā€™s Dicastery for the Doctrine of the Faith released last March with Francisā€™s approval condemned gender-affirming surgeries and ā€œgender theory.ā€

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Maryland

Maryland Legislative LGBTQ+ Caucus to hold town hall on Eastern Shore

Delmarva Pride Center, DoCoPride to co-host Wednesday event

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(Washington Blade photo by Ernesto Valle)

The Maryland Legislative LGBTQ+ Caucus on Wednesday will hold a town hall with the Delmarva Pride Center and DoCoPride that will focus on legal protections for LGBTQ Marylanders.

The town hall will take place from 6-7:30 p.m. in the Waterfowl Building (40 S. Hanson St.) in Easton. It will also be virtual for those who cannot attend in person.

A press release notes elected officials and ā€œstate and federal legal expertsā€ will talk about ā€œthe current status of protections for LGBTQ+ Marylanders and what the future may hold.ā€

ā€œAs Maryland prepares for the incoming federal administration, the LGBTQ+ Caucus is steadfast in reaffirming Marylandā€™s commitment to supporting all of its residents,ā€ said state Del. Kris Fair (D-Frederick County), who chairs the Maryland Legislative LGBTQ+ Caucus. ā€œCoordination will be critical to building a comprehensive package of legislation that affirms the unique lived experiences of all its residents ā€” especially queer, nonbinary, and transgender people targeted by harmful legislation.ā€

Tina Jones, co-founder and chair of the Delmarva Pride Center in Easton, in the press release notes the LGBTQ community ā€œis facing unprecedented levels of bias and potential harm at this time.ā€

ā€œAs part of our safe spaces initiative, we are honored to have this opportunity to partner with the Maryland Legislative LGBTQ+ Caucus and DoCo Pride to educate folks on their rights and stand together to say hate, bias, and harm have no place on the Eastern Shore or anywhere in Maryland,ā€ said Jones.

Registration for the event is here:

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