On Friday, the U.S. Court of Appeals for the First Circuit vindicated the name of Pastor Scott Lively, in an appeal Liberty Counsel filed in June 2017. Lively filed the appeal after winning summary judgment against the foreign LGBT activists, Sexual Minorities of Uganda (SMUG), which had sued Lively in 2012 for sharing his biblical views on homosexuality during three visits to Uganda in 2002 and 2009.

Although Lively’s summary judgment win put an end to SMUG’s attempt to silence him, he filed the appeal to strike the outrageous statements and unnecessary, unsupportable findings made against Lively by U.S. District Judge Michael A. Ponsor in the order delivering the win. The court of appeals’ opinion neutralizes the gratuitous language, making it clear that Judge Ponsor’s statements have no legal effect.

In a direct challenge to the U.S. Constitution and the rule of law, SMUG had tried to create new and dangerous precedent by accusing Lively of international “crimes against humanity”—akin to genocide and war crimes—in reliance on the obscure Alien Tort Statute (ATS). But the Supreme Court confirmed in a 2013 decision that the ATS was never intended to allow a foreign citizen to sue a U.S. citizen in America alleging violation of some supposed international law. Judge Ponsor, who has a long history of active support for the LGBT agenda, and remarkably considers judges “the unappointed legislators of mankind,” should have dismissed SMUG’s claims in 2013 under the binding Supreme Court precedent. Instead, he allowed SMUG to subject Lively to over four years of litigation, including 100 hours of depositions and the review of 40,000 pages of documents.

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