Friday, May 08, 2015
Suit Seeking Declaration That Homsexuality Is Sinful Receives Quick Dismissal
With the leading academic law-and-religion listserv filled with suggestions for grounds on which the lawsuit might be dismissed, a Nebraska federal district judge has, only six days after the suit was filed, dismissed for lack of subject matter jurisdiction a suit purportedly brought as ambassador of God and Jesus against "Homosexuals" apparently seeking to have the court declare that homosexuality is a sin. In Driskell v. Homosexuals, (D NE, May 6, 2015), the court began by stating: "A federal court is not a forum for debate or discourse on theological matters." The court went on to find that plaintiff has not complied with the general rules of pleading, plaintiff lacks standing and plaintiff has not set forth a factual or legal basis for a claim under the Constitution, laws, or treaties of the United States. Advocate reports on the decision.