Pastor who won 'crimes against humanity' lawsuit files appeal over judge's 'prejudicial' comments

An American pastor, who escaped charges of "crimes of humanity" after a federal court dismissed the lawsuit against him, has filed an appeal on the case due to the judge's "prejudicial" comments.

Last week, Judge Michael Ponsor of the United States District Court of Massachusetts dismissed a lawsuit against Pastor Scott Lively, who has been accused of engaging in "crimes against humanity" for his campaign against homosexuality in Uganda.

According to WWLP, the suit against the pastor was filed by Sexual Minorities Uganda (SMUG) under the Alien Tort Statute, which allows foreign nationals to sue U.S. citizens in American courts. However, the judge ruled that the case should be dismissed because the statute does not cover alleged injuries committed by American citizens in foreign countries.

Posnor, who is an LGBT supporter, noted that he had no choice but to dismiss the case because Lively did not provide material support to the campaign, and he did not encourage physical violence.

Despite the favorable ruling, Liberty Counsel, a conservative legal group representing Lively, filed an appeal on the case because of the judge's highly critical remarks directed against the pastor.

Posnor said that the Lively's belief on gay people ranged from "the ludicrous to the abhorrent," and he accused the pastor of advancing "crackpot bigotry." The judge further stated that Lively violated international law by "aiding and abetting efforts to demonize, intimidate, and injure LGBTI people in Uganda."

Liberty Counsel is appealing the case to strike out Posnor's remarks against the pastor, arguing that it was not necessary to the disposition of the case.

"Judge Ponsor's vitriolic Order is clearly unlawful," Horatio Mihet, Liberty Counsel's Vice President of Legal Affairs and Chief Litigation Counsel, stated in a news release.

"Once Judge Ponsor concluded that he lacked jurisdiction over SMUG's preposterous lawsuit, the only thing left to do was dismiss it. The Supreme Court, and many federal appellate courts, have repeatedly rebuked judges who inject unnecessary and prejudicial 'findings' in cases where they lack jurisdiction. We will defend Pastor Lively's name in the Court of Appeals and work to remedy this injustice," he added.

Mat Staver, the founder and chairman of Liberty Counsel, contended that judges should restrain themselves from inserting their opinions into court rulings, especially when they acknowledge that they lack the jurisdiction to hear the case.

Liberty Counsel has argued that the case should have been dismissed in 2013, following a Supreme Court ruling that dealt with the Alien Tort Statute. The conservative legal group noted that the ruling indicated that the statute was never intended to allow a foreign citizen to sue a U.S. citizen in America over violation of international law.