Uganda's Anti-Gay Law Struck Down; Scott Lively Responds

Figures from the America Religious Right have promoted anti-gay messages in Uganda and other African countries for years. The relationship between the American Religious Right and affronts to LGBTQ rights in Africa have been explored in Box Turtle Bulletin's "Slouching Toward Kampala" series, documentaries such as God Loves Uganda and Missionaries of Hate, and reports from Political Research Associates. Now, one Religious Right figure is reflecting on anti-gay upheavals in Uganda. Anti-gay activist Scott Lively has responded to a struck-down homophobic law in Uganda with both relief and acrimony toward his critics.

Lively, author of The Pink Swastika and founder of Abiding Truth Ministries, has a long history of promoting homophobic messages in the U.S. and abroad. In 2009, Scott Lively presented at a conference on the alleged "gay agenda" in Kampala, Uganda. During his presentation, he condemned homosexuality as sinful and disparaged the LGBTQ rights movement as "an evil institution" that seeks to "defeat the marriage-based society and replace it with a culture of sexual promiscuity".

Shortly after the conference, Ugandan MP David Bahati introduced the Anti-Homosexuality Bill, which proposed harsh punishments for same-sex sexual acts. Lively called the anti-gay bill "a step in the right direction", according to Liberaland. Ugandan president Yoweri Museveni signed the bill into law in February 2014, drawing disapproval from international observers. However, Uganda's Constitutional Court struck down the law earlier this month on a legislative technicality.

On March 14th, 2012, the Center for Constitutional Rights (CCR) filed a lawsuit in U.S. federal court against Scott Lively and four other men on behalf of Sexual Minorities Uganda (SMUG). The suit alleged that Lively's anti-gay activism in Uganda and his role in the creation of homophobic legislation constituted persecution of Uganda's gay community. Lively sought to have the suit dismissed, but a federal judge ruled that the suit could continue.

In an August 2nd blog post, Lively shared his thoughts on the fate of the Ugandan anti-gay bill, with scathing words for CCR, SMUG, and others critics. He mocked his critics as "Marxists" who supposedly painted him as a Svengali. To boot, he blasted modern critics of Uganda's policies as "disgusting modern example of the same “blood libel” used against the Jews by the Nazis."

"Now that the Ugandan government has shown itself capable of self-governance, I’m waiting for calls of apology from media outlets around the world who for years have insinuated (or outright insisted) that the Ugandans were merely my puppets in a nefarious scheme to persecute homosexuals there. That lie is also, of course, the premise of the “Crimes Against Humanity” lawsuit filed against me here in U.S. Federal Court by Sexual Minorities Uganda (SMUG) and their Marxist New York attorneys of the ironically named Center for Constitutional Rights.

The SMUG lawsuit claims that my preaching against homosexuality in Uganda overpowered the weak-minded African natives and turned them into rampaging bloodthirsty savages bent on “gay” genocide. Never mind that there has not been any actual violence there — except for the murder of SMUG leader David Kato by his “gay” lover. Never mind also that Kato’s murderer was convicted by this same Ugandan judiciary and is now serving a 30 year sentence. And never mind that in the paltry few other instances listed in the SMUG lawsuit where alleged wrongs were committed against homosexuals – instances which I condemned and had nothing to do with – the same Ugandan courts have held the wrongdoers responsible – which decisions I applauded."

Lively wrote that he is "not unhappy" about the fate of Uganda's Anti-Homosexuality Act, mainly because it did not include provisions for "prevention" of "homosexual disorder".

"I am not unhappy that the Ugandan law as written has been nullified. I have always said it was too harsh and did not emphasize prevention and therapy for homosexual disorder. The law’s enactment and quick repeal conclusively demonstrate that Ugandans can think for themselves, are capable of self-governance, and do not need “enlightened” Marxists and homosexual militants from the West to shape their public policy and uphold the rule of law." 

Sadly, it seems that Scott Lively has learned nothing over the years. He still insists that homosexuality is a "disorder" to be prevented, despite evidence to the contrary. Criticism from human rights supporters over his anti-gay activism has failed to produce any self-reflection on his homophobia. In a twisted reversal, he claims that LGBTQ rights supporters are somehow infantilizing Ugandans, ignoring ways that homophobia he encouraged is disempowering LGBTQ Uganans. Finally, he fails to recognize anti-gay legislation as harmful in and of itself.

The future of Uganda's Anti-Homosexuality Act remains to be seen. Unfortunately, Scott Lively's homophobia and the legacy of his anti-gay messages won't be going anywhere.

UN Report Criticizes Vatican Over Abuse, Secret Children, LGBTQ Issues

As discussed in a prior post, the United Nations Committee on the Rights of the Child grilled Vatican representatives about clergy abuse in the Catholic Church during a January 16th hearing in Geneva. Following that hearing, the UN Committee on the Rights of the Child issued a hard-hitting report on the Vatican's shortcomings in upholding the UN Convention of the Rights of the Child. Concluding Observations on the Second Periodic Report of the Holy See has much to say about clergy abuse of children, priests' offspring, and LGBTQ issues.

Concluding Observations on the Second Periodic Report of the Holy See applauds the Vatican for its charitable work with children. However, the report also expressed concern over the lack of a "child-rights based approach" in how resources have been allocated to children.

"The Committee appreciates the numerous activities undertaken at grass-roots level and funded by Catholic churches, foundations and organisations worldwide to support and protect children in the most vulnerable situations and to provide them, among others, with education opportunities, health, social, care and other family support services. The Committee however notes the absence of a comprehensive child-rights based approach to the allocation of resources to children and the lack of a system to track the spending on children by the Holy See, as well as by church related organizations and institutions, in other States parties where the Holy See has influence and impact."

Regarding sexual abuse, the report acknowledges the Vatican's steps toward accountability while adding that more needs to be done to monitor religious institutions and individuals under the Catholic Church's authority.

"The Committee notes that a Special Office was established in August 2013 to oversee the implementation of international agreements to which the Vatican City State is a party and that the Commission created in December 2013 will be empowered to receive children’s complaints on sexual abuse. The Committee is however concerned that the Holy See has not established a mechanism to monitor respect for and compliance with children’s rights by individuals and institutions of a religious nature under the authority of the Holy See, including all Catholic schools, as well as in the Vatican City State."

The report pulled no punches with regard to the Catholic Church's protection of abuse perpetrators at the expense of child victims.

"The Committee is particularly concerned that in dealing with allegations of child sexual abuse, the Holy See has consistently placed the preservation of the reputation of the Church and the protection of the perpetrators above children’s best interests, as observed by several national commissions of inquiry."

The UN Committee on the Rights of the Child slammed the Catholic Church for not acknowledging the extend of child sexual abuse perpetrated by its clergy, for transferring priests accused of abuse, and for forcing clergy to remain silent on the scourge.

"The Committee nevertheless expresses its deepest concern about child sexual abuse committed by members of the Catholic churches who operate under the authority of the Holy See, with clerics having been involved in the sexual abuse of tens of thousands of children worldwide. The Committee is gravely concerned that the Holy See has not acknowledged the extent of the crimes committed, has not taken the necessary measures to address cases of child sexual abuse and to protect children, and has adopted policies and practices which have led to the 
continuation of the abuse by and the impunity of the perpetrators ... Well-known child sexual abusers have been transferred from parish to parish or to other countries in an attempt to cover-up such crimes, a practice documented by numerous national commissions of inquiry ... Due to a code of silence imposed on all members of the clergy under penalty of excommunication, cases of child sexual abuse have hardly ever been reported to the law enforcement authorities in the countries where such crimes occurred. On the contrary, cases of nuns and priests ostracized, demoted and fired for not having respected the obligation of silence have been reported to the Committee as well as cases of priests who have been congratulated for refusing to denounce child abusers ..."

Another skeleton in the church's closet -- children secretly fathered by priests -- was brought to light by the report, which urged the Holy See to "assess the number of children born of Catholic priests, find out who they are and take all the necessary measures to ensure the rights of these children to know and to be cared for by their fathers, as appropriate." The report expressed concern over confidentiality agreements that the mothers of these children have been compelled to sign in exchange for financial support.

"The Committee is concerned about the situation of children born of Catholic priests, who, in many cases, are not aware of the identity of their fathers. The Committee is also concerned that the mothers may obtain a plan for regular payment from the Church until the child is financially independent only if they sign a confidentiality agreement not to disclose any information."

Ireland's infamous Magdalene Laundries, in which girls and women were incarcerated, forced to perform unpaid labor, and even abused, came up in the report. The committee called for justice for victims of the Magdalene Laundries, which had ties to the Catholic Church.

"The Committee is concerned that the Holy See has not taken the necessary measures to protect and ensure justice for girls arbitrarily placed by their families, State institutions and churches in the Magdalene laundries of Ireland run by four congregations of Catholic Sisters until 1996."

Finally, the report frowned upon the Holy See's position on LGBTQ rights, criticizing its homophobic statements and calling for greater church activism toward LGBTQ equality.

"While also noting as positive the progressive statement delivered in July 2013 by Pope Francis, the Committee is concerned about the Holy See’s past statements and declarations on homosexuality which contribute to the social stigmatization of and violence against lesbian, gay, bisexual, and transgender adolescents and children raised by same sex couples ... The Committee also urges the Holy See to make full use of its moral authority to condemn all forms of harassment, discrimination or violence against children based on their sexual orientation or the sexual orientation of their parents and to support efforts at international level for the decriminalisation of homosexuality."

The Catholic Church and its defenders were unhappy with the report, accusing the committee of challenging its religious freedom and doctrine. The Holy See responded to the report with a February 5th press statement, in which it stressed its "commitment to defending and protecting the rights of the child." However, the statement also criticized the report for allegedly trying to interfere with Catholic doctrine.

"The Holy See does, however, regret to see in some points of the Concluding Observations an attempt to interfere with Catholic Church teaching on the dignity of human person and in the exercise of religious freedom."

Vatican Radio reports that Father Hans Zollner of the Institute of Psychology at the Gregorian University in Rome and Centre for the Protection of Minors, stated that the report was “harsh in parts but recognises that the Holy See and the Church as a whole has made steps forward.” Regarding committee observations on LGBTQ issues and contraception, Zollner complained that "it looks as if some people ... just wanted to make their point".

Finally, in a post at USCCBlog, Sister Mary Ann Walsh defended the Catholic Church, insisting that it has "certainly done more than any other international organization to face the problem [of child sexual abuse] and it will continue to lead in doing so." However, she was disappointed that the UN Committee on the Rights of the Child criticized the Catholic Church for its stance on LGBTQ issues and contraception, framing their criticism as an affront to religious liberty.

"A report from the United Nations Committee on the Rights of the Child highlights the problem of sexual abuse of minors by clergy. Unfortunately the report is weakened by including objections to Catholic teaching on such issues as gay marriage, abortion and contraception. This seems to violate the U.N.’s obligation from its earliest days to defend religious freedom. In 1948, the organization adopted its Universal Declaration of Human Rights that declared that "everyone has the right to freedom of thought, conscience and religion." Certainly the U.N. charge to defend religious freedom includes defending the Church’s right to determine its own teachings. Defense of religious freedom is no small matter in a world where people, including children, get murdered for simply going to church. That’s what happened last September when militants killed 81 people, including children, attending Sunday school at a Christian church in Peshawar, Pakistan."

Clergy abuse victims' advocates condemned the Vatican's response and applauded the report. Barbara Dorris, outreach director of the Survivors Network of those Abused by Priests (SNAP), blasted the Catholic Church for deflecting attention away from the abuse-related content of the report.

"The vast bulk of the United Nations panel's findings have nothing to do with birth control, homosexuality, abortion or doctrine. But the church hierarchy ignores this because deep down, they know they cannot defend the indefensible – their consistent, deliberate, and selfish decisions that safeguard their own reputations and hurt their own flocks.

It's disingenuous for Catholic officials to trot out the “religious freedom” canard when confronted with uncontroverted evidence of massive wrongdoing."

Katherine Gallagher, a senior staff attorney at the Center for Constitutional Rights, welcomed the report. "This day has been a long time coming, but the international community is finally holding the Vatican accountable for its role in enabling and perpetuating sexual violence in the Church," she said, adding that the "whole world will be watching" to ensure that the Catholic Church protects children from clergy abuse.

The new report by the UN Committee on the Rights of the Child is a powerful call for church accountability.  A major human rights body has made a public statement on the world stage, urging the Vatican to work more diligently to tackle its child abuse scandals and anti-gay statements. As much as the Catholic hierarchy and its defenders may try to divert the public conversation surrounding the report toward religious freedom and doctrinal orthodoxy, the report's observations still stand.



To read additional commentary, visit the following links.

Survivors Network of those Abused by Priests: SNAP rebuts criticism of UN report

New York Times: The U.N. Confronts the Vatican

Religion Dispatches: Vatican, ‘Cool Pope’ Blast UN Link Between Sexual Abuse Scandal and Church Attitudes on Gays, Contraception, Abortion

The Atlantic: Can the UN Change the Church's Views on Abortion and Gay Rights?

UN Committee Grills Vatican on Clergy Abuse

On January 16th, Vatican representatives appeared before the United Nations Committee on the Rights of the Child to answer questions about sexual abuse in the Catholic Church. The hearing was part of the committee's 65th session in Geneva, scheduled for January 13-31 in Geneva, Switzerland. According to the New York Times, the Geneva hearing was meant to explore the Vatican's failure to uphold the UN Convention on the Rights of the Child. The committee will issue final recommendations on February 5th.

Observing the hearing were advocates for clergy sexual abuse victims from the Center for Constitutional Rights (CCR) and the Survivors Network of Those Abused by Priests (SNAP). SNAP  distributed leaflets outside of Geneva's Basilique Notre-Dame de Genève on January 14th to bring public attention to the upcoming hearing.

CCR and SNAP submitted a supplemental report to the committee in December 2013 in advance of the hearing, accusing the Holy See of neglecting its responsibility to address clergy abuse. "[T]he acts and omissions of its agents have clearly produced effects that resulted in the violation of the rights of children to be free from sexual exploitation and violence," the report argues. Specifically, the document slams the Holy See for claiming that its jurisdiction is limited to Vatican City rather than to its clerical representatives around the globe.

"We note that the Holy See’s response goes to great length to confine its obligations and liabilities under the Convention to the territory of Vatican City State, where it acknowledges citizenship and/or residence of 31 children. The Holy See seeks to redirect responsibility for widespread and systemic violations of the Convention and OPSC occurring in other sovereign territories that were committed, abetted, facilitated or covered up by Catholic officials acting under its authority to other States ... This representation by the Holy See is particularly disingenuous in light of the all-too-numerous accounts of efforts by bishops, archbishops, cardinals and other Church officials around the world to cover up these crimes and subvert the course of justice in other States, further compounding the harm to victims."

Representing the Vatican at the January 16th hearing were Bishop Charles J. Scicluna, former Vatican chief sex crimes prosecutor, and Msgr. Silvano Tomasi, Vatican representative to the United Nations. In a transcript of his presentation posted at the Vatican website, Msgr. Silvano Tomasi told the committee that the Holy See has taken concrete steps to address clergy abuse.

"Confronted with this reality, the Holy See has carefully delineated policies and procedures designed to help eliminate such abuse and to collaborate with respective State authorities to fight against this crime. The Holy See is also committed to listen carefully to victims of abuse and to address the impact such situations have on survivors of abuse and on their families."

The UN panel pulled no punches with Vatican representatives. "Why is there no mandatory reporting to a country's judicial authorities when crimes occur?" asked committee member Hiranthi Wijemanne, according to the Christian Science Monitor. The New York Times reports that committee vice president Sara de Jesús Oviedo Fierro asked Vatican representatives about efforts to cover-up sexual abuse cases. “It is not the policy of the Holy See to encourage cover-ups. This is against the truth," Scicluna insisted. When asked why the Holy See does not mandate that local diocese report sexual abuse to civil authorities, Scicluna replied that, "Our guidelines have always said the domestic law of the country needs to be followed."

Tomasi deflected responsibility away from the Vatican, arguing that the Holy See is not responsible for the actions of clergy abroad, as its jurisdiction is limited to Vatican City. Priests, he argued, are "not functionaries of the Vatican but citizens of their countries and fall under the jurisdiction of their own countries," according to the Christian Science Monitor.

Following the meeting, SNAP expressed its disgust. Shortly after the hearing, SNAP and CCR leaders offered commentary during a live webcast. SNAP president Barbara Blaine praised the hearing as a historic milestone at the 5:35 mark.

"Today, it was a historic day. It's the very first time ever that Vatican officials were called to task or that they had to answer questions ... What gives me hope at this point is that I know that there's going to be a report, and then there's going to be standards by which the Vatican will be judged. And hopefully this is the beginning, and now maybe other international bodies will begin to question the Vatican as this Committee on the Rights of the Child did today."

At the 6:40 mark, Barbara Blaine claimed that Vatican representatives failed to give satisfactory answers to questions at the hearing, adding that Pope Francis needs to take more action against abuse.

"I'm extremely disappointed in the response of the Vatican ... Bottom line is that they didn't answer any new questions, and they're giving more of the same. They're giving lofty statements without any action, and we think that Pope Francis should be taking action that will protect children by turning over evidence of sex crimes to police and by punishing bishops who have enabled and who covered up for and shielded predators from police."

In a January 16th press release, SNAP national board member Mary Caplan criticized Vatican representatives for their anemic testimony. "We are disappointed that Catholic officials ignored those questions or answered them poorly," she wrote

"Two high-ranking Catholic officials today basically told a United Nations panel that the Vatican has little real power to stop bishops from hiding clergy sex crimes. We’re very saddened that such a huge and powerful church bureaucracy continues to pretend it’s powerless over its own officials.

These clerics said some nice things today in Geneva. But unfortunately, the encouraging public words today by Catholic officials differ radically from the actual and distressing private behavior of Catholic officials. Before the cameras, the church hierarchy often denounces predators and thanks victims. But behind closed doors, the church hierarchy often protects predators and rebuffs victims.

The Catholic officials today repeatedly cited vague, new and unenforced internal church abuse guidelines. But these are meaningless because no one is ever punished for breaking church abuse guidelines.

And many of the guidelines focus on child molesting clerics while ignoring the bigger problem: corrupt church officials who are still endangering kids, moving offenders, stonewalling law enforcement and deceiving parishioners and the public."

Pam Spees, senior staff attorney at the Center for Constitutional Rights, lamented that the Holy See has "consistently refused to accept responsibility for its role in perpetuating rape and sexual violence against children in the Church and further enabling it by protecting offending priests." In a CCR statement, Spees expressed disappointment in the Vatican's response to clergy abuse but admitted that the hearing was a positive step.

"The Vatican attempted to relegate the issue to the past and claim it is a new era, that they now ‘get it,’ but they continue to refuse to turn over records for prosecution, punish higher-ups that covered up the crimes, or provide any real evidence that they are now putting the safety of children above the reputation of the Church.  Nonetheless, today’s hearing is a milestone in calling for an end to these days of impunity. The international community is demanding answers, and that is the first step toward true accountability and, we hope, an end to the widespread violence against children.”

SNAP and CCR have every right to be disappointed. Clergy sexual abuse  has left too many children traumatized, and cover-ups by church leaders have impeded justice. The Catholic Church is obliged to take responsibility for clergy abuse if it wants to be seen as a moral authority instead of a corrupt, callous institution. Deflecting responsibility and protecting abusers was immoral in the past, and it continues to be immoral now.

However, SNAP's Barbara Blaine was correct when she called the hearing "historic". The UN Committee on the Rights of the Child held the Vatican's feet to the fire on a global stage, drawing international attention to clergy abuse. If the Vatican understands that it will be held accountable before a global audience, it may take its moral duty to address abuse more seriously.



To read additional commentary, visit the following links.

Religion Dispatches: In Sexual Abuse Hearing UN Calls Holy See on Girls’ Reproductive Right

RH Reality Check: The Vatican Sex Abuse Hearing in One Word: Troubling

Sexual Minorities Uganda Sues Scott Lively

Scott Lively, founder of Abiding Truth Ministries and author of The Pink Swastika, is an American preacher with a long history of homophobic statements, as meticulously documented by Right Wing Watch and Box Turtle Bulletin. Lively is one of several U.S. Christian figures (i.e., Lou Engle) who have promoted anti-gay sentiments in Uganda, a situation discussed in a 2010 report by the Advocate. Human Rights Watch nominated Lively for its 2011 "Homophobia Hall of Shame" for his global activism against LGBT equality (more here). To boot, the Southern Poverty Law Center labeled Abiding Truth Ministries a hate group. This week, Lively's anti-gay activism just landed him in hot water.

On March 14th, the Center for Constitutional Rights filed a lawsuit in U.S. federal court against Scott Lively on behalf of Sexual Minorities Uganda. The suit alleges that Lively's anti-gay efforts in Uganda constitute persecution, making it the first known alien tort statute case related to persecution on the basis of sexual orientation or gender identity, according to the CCR. The New York Times reports that the lawsuit named four co-conspirators alongside Lively: Stephen Langa, the organizer of a 2009 anti-gay seminar in Uganda; Martin Ssempa, an anti-gay Ugandan preacher; David Bahati, the Ugandan MP behind a draconian anti-gay bill; and James Buturo, a proponent of the bill.

The New York Times reports that in 2009, Scott Lively, Caleb Lee Brundidge, and Don Schmierer of "ex-gay" group Exodus International participated in a conference on the "gay agenda" in Kampala, Uganda. The article reports that the three men presented talks on the alleged evils of the gay movement, the alleged sexual predations of gay men, and how to supposedly make homosexuals straight. (Lively posted a short report about the seminar here.) A month after the Kampala conference, Ugandan MP David Bahati introduced a draconian anti-gay bill in Uganda parliament, which drew fierce global criticism. According to Alan Colmes, Lively called Bahati's legislation "a step in the right direction". He also admitted that he helped start Uganda's so-called "pro-family" movement in an interview with Vanguard correspondent Mariana von Zeller.

Lively told World Net Daily that he was being targeted "for speaking the truth of the Bible in a foreign country." According to the article, Lively claimed that he urged Ugandan parliamentarians to focus on therapy rather than punishment for homosexuals, and that he opposed the death penalty provision in Bahati's bill. 

A pro-LGBT demonstration coincided with the suit against Lively. Truth Wins Out reports that on March 14th, pro-LGBT demonstrators performed a silent protest outside of Holy Grounds Coffee House in Springfield, Massachusetts, which Lively owns. John Becker of Truth Wins Out reports that some protesters carried signs with pictures of Ugandan hate crime victims, while others covered their faces to represent the silencing of LGBT people in Uganda.

This is intriguing news. Although the final outcome of Sexual Minorities Uganda v. Lively remains to be seen, it will still drawn attention to the activities of anti-gay U.S. preachers in Uganda. Whether it can be proven that Lively's international anti-gay activism constitutes persecution, this action nevertheless demands accountability for his words and actions.


To learn more about Lively and Abiding Truth Ministries, click here. For additional commentary, visit the following links.

Religion Dispatches: American Evangelist Who Sparked Anti-Gay Panic Sued By Ugandan Gay Rights Group

Box Turtle Bulletin: Lawsuit Filed Against Scott Lively For Instigating Anti-LGBT Persecution in Uganda

SPLC Hatewatch: Ugandan LGBT Group Sues Anti-Gay Activist Scott Lively

SNAP and CCR Take Complaint Against Vatican to the International Criminal Court

On September 13th, the Survivors Network of those Abused by Priests (SNAP), in collaboration with the Center for Constitutional Rights (CCR) made a formal request to the International Criminal Court to investigate the Vatican for crimes against humanity. According to a statement at the CCR website, the two groups filed a complaint alleging that Vatican officials systematically concealed sexual crimes perpetrated by Catholic clergy. After filing the request at the Hague, representatives from SNAP and CCR were scheduled to embarked on a tour of several major European cities. The tour was intended to encourage clergy sexual abuse victims to come forward and local diocese to turn over relevant evidence.

Founded in 1988, SNAP has long been a voice for victims of clergy sexual abuse. Through advocacy and education, SNAP has educated the public about clergy abuse and demanded accountability from perpetrators and their enablers. Furthermore, the CCR defended human rights for over four decades, pressing forward with cases on a range of human rights issues, including torture, extraordinary rendition, and environmental harm.