From Center for Constitutional Rights Today, in a first-of-its kind case brought by a Ugandan LGBTI advocacy organization against a prominent U.S. anti-gay extremist, a federal judge ruled that persecution on the basis of sexual orientation and gender identity is a crime against humanity and that the fundamental human rights of LGBTI people are protected under international law. The ruling means that the case brought by the Center for Constitutional Rights (CCR) on behalf of Sexual Minorities of Uganda (SMUG), a Uganda-based coalition of LGBTI rights and advocacy groups, can move forward over defendant Scott Lively’s request to dismiss the lawsuit.
“Widespread, systematic persecution of LGBTI people constitutes a crime against humanity that unquestionably violates international norms,” said Judge Michael Ponsor. “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. 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.”
“Today’s ruling is a significant victory for human rights everywhere but most especially for LGBTI Ugandans who are seeking accountability from those orchestrating our persecution,” said Frank Mugisha, the director of SMUG.
U.S. law allows foreign citizens to sue for violations of international law in U.S. federal courts under the Alien Tort Statute (ATS). The case, Sexual Minorities Uganda v. Lively, was originally filed in federal court in Springfield, MA, in March 2012. Today’s ruling is here. For more information, visit CCR’s case page