Lawsuit Against All Gay People Already Dismissed

I said that the lawsuit filed by that woman in Nebraska against all gay people might break the world speed record for being dismissed and it may have already done so. The federal judge in the case immediately dismissed it for lack of jurisdiction.

In a strongly worded opinion, the judge said it is not up to the court to decide whether homosexuality is sinful.

Gerrard said Driskell lacked subject matter jurisdiction and cannot sue a class of unidentified defendants. Driskell did not set forth a factual or legal basis for a federal claim.

“The United States Federal Courts were created to resolve actual cases and controversies arising under the Constitution and the laws of the United States,” Judge Gerrard said. “A federal court is not a forum for debate or discourse on theological matters.”

You can read the judge’s ruling here.

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  • colnago80

    I’m sure that Michael Egnor, aka Dukedog7, will be along to castigate the judge.

  • StevoR

    Good albeit totally predictable news – but did this break the record time of dismissal and what’s the current /previous record holder?

  • John Pieret

    did this break the record time of dismissal

    According to the date stamps, the “complaint” was filed on May 1 2015 and the dismissal was filed on May 6, 2015. If 5 days isn’t the land speed record for dismissal of a Federal lawsuit, it’s right up there.

  • Modusoperandi


  • carpenterman

    Clearly the judge is a commie Marxist Kenyan socialist muslim atheist who’s been completely taken over by the Radical Homosexual Agenda and is also a Nazi and a terrorist and a giant poopy-head. Fortunately as a sovereign citizen she isn’t bound by the courts (Ben Carson says so) and besides, God is with her. So there.

  • whheydt

    The judge’s ruling is interesting reading. It looks like he’s trying to explain to her where the whole thing is pointless, with a hint that she should seek elsewhere for a statement that supports what she wants. I wonder if she will undestand what he wrote sufficiently to see that the whole thing was a waste of time…or if she’ll go on the fundie rubber chicken circuit complaining about it.

  • vereverum

    I don’t think it was particularly strongly worded. Just a statement of why the court can’t do this on each point.

    I also think she can figure it out and her thought will be like the Cash song “I don’t like it but I guess things happen that way.”

    From the start, I’ve thought she was sincere and troubled by all the news circus about it. I’ve met people like this, they are old, have a core belief being contradicted by society and feel entirely helpless to do anything about it. The complaint sounds more like a lament than an angry outburst.

    If she does appear on the rubber chicken circuit it’ll probably be because one of them swooped down and dragged her into it. Then after they’ve gotten all their contributions hyped, they’ll toss her out. Maybe in the end, she’ll feel she accomplished something.

  • sigurd jorsalfar

    Wow. The gays really are powerful, aren’t they?

  • pita

    I felt bad for her because it was clear that she just felt that she wasn’t being heard, which I think is the case for a lot of pro ses. They just get really tired of no one listening to their screeds so they take it to court. Even if it’s something that is clearly against the bounds of decency, I can sympathize with the feeling that no one is listening to you.

  • Mr. Upright

    It looks like they did wait until an assistant typed it before the court ruled, so they probably could have dismissed it more quickly.

  • eric

    I felt bad for her because it was clear that she just felt that she wasn’t being heard

    In what way, shape or form are the evangelical right’s opinions on gays not being heard?