Could This Motion End the SMUG Lawsuit?

I’m rarely at a loss for words, but in this case I don’t really have much to add to my attorney Harry Mihet’s absolutely devastating summary of the facts in the SMUG v Lively lawsuit, as stated in the introduction to our Motion for Summary Judgment.

There are two shots at dismissal of any civil lawsuit. The Motion to Dismiss near the beginning of the suit, when you ask the judge to dismiss it for failure of the plaintiff to state a claim on which relief can be granted. It’s an attack on the allegations themselves, and you’re saying “Hey Judge, what these guys are accusing me of isn’t actionable.” The judge has to accept the accusations as true for the sake of the analysis. Our Motion to Dismiss was denied because SMUG alleged conspiracy, falsely accusing me of conspiring with Ugandan officials to persecute homosexuals in Uganda. Conspiracy is notoriously difficult to defeat with a Motion to Dismiss (because the Judge has to assume the accusations are true and by its nature conspiracy doesn‘t need much factual support at the accusation stage) which is why it is nearly always used by plaintiffs with a weak case.

The Motion for Summary Judgment is an entirely different matter, because it is filed after all the documents have been exchanged and depositions concluded. It’s basically saying, “Hey Judge, now that all the facts are in you can see the plaintiffs ain’t got squat.” And that is truer in this case than in any other I’ve ever seen, as you will see for yourselves.

249 Memo in Support of Motion for Summary Judgment

You might not have the time or inclination to read the entire 183 pages, but at least read the Introduction.

As you read this motion you will get a taste of what it has been like to live under the threat of this lawsuit. For those who can learn to pray to God in sincerity “Thy will not my will be done,” persecution is the “refiner’s fire” that brings maturity and much greater grace and blessing than would be sufficient to balance out the devil’s intended harm. I have been refined in this process.

But I have also been humbled to be the recipient of the services of Liberty Counsel, especially my attorneys Harry Mihet and Roger Gannam, and of course LC Founder and Chairman Mat Staver. I know they are making this heroic effort for the Lord and to advance His Kingdom, but as the one being represented in this suit they are also doing this for me, and that is a truly humbling realization. In the legal battlefront of the culture war, these are David’s mighty men, in full battlefield majesty.

Please pray for Liberty Counsel, that the Lord will prosper them and widen their support base. Pray for Abiding Truth Ministries, that we will win this lawsuit and survive as a pro-family ministry. Pray for Judge Ponsor. Pray for the wicked attorneys of the Manhattan-based Center for Constitutional Rights (CCR) who are driving this lawsuit to advance their own Marxist/ Antichrist agenda — pray for their repentance and salvation. Pray for the African “gays” of SMUG being used as pawns by CCR. Pray for the nation of Uganda, under intense pressure and “regime change” machinations from the Obama administration. And lastly, pray for America to turn back to God and reverse the current slide into degeneracy.


Dr. Scott Lively


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