I don't completely agree with Scott Lively. I certainly do not support making homosexuality into a criminal offense (although such laws are certainly constitutional, contrary to Lawrence v. Texas). But if making statements in support of such laws becomes unlawful, then almost any expression of a political opinion is in serious danger. Neo-Nazis are obnoxious and repulsive, but they have a right to free speech. Homosexuality is a very great danger to our society, but they certainly have the right to speak their mind and argue for their position. Communism was a very real threat to the United States, but we allowed Communists to speak their mind as long as they did not advocate the violent overthrow of the government.
- Under the Alien Tort Statute, Scott Lively, who runs a Christian organization that opposes homosexuality, should be held liable for actions taken against homosexuals in Uganda because Lively has spoken in Uganda about why homosexuality is a bad thing.
- Because the Uganda Parliament considered a bill to make second offense homosexuality a capital crime (and which Scott Lively opposed), Scott Lively should be held liable for crimes of violence committed by individuals (not by government officials or employees) in Uganda.
- They are alleging that this was a conspiracy involving Scott Lively, but they do not seem to provide any evidence that Lively had any contact or provided any support to those who actually committed the crimes. The basis of the claim of conspiracy is that because Lively spoke about what he considers the evils of homosexuality, and at least one member of the Ugandan Parliament heard Lively speak, Lively therefore caused persecution of homosexuals in Uganda.
A civil suit like this has the potential to bankrupt Scott Lively, which I am sure is the goal: to intimidate those who disapprove of homosexuality into silence. Remember when AIDS activists liked to use the slogan, "Silence = Death"? It's true.
Once again: free speech; homosexuality. Pick one. It does not appear that both can co-exist in a society.