TABLE OF CONTENTS
INTRODUCTION 1STATEMENT OF FACTS 6Scott Lively’s Intentional Plan to Deprive LGBTI People of Fundamental Rights 6Joining Forces in Uganda: Conspiracy and Common Enterprise 7Escalating the Plan to Deprive LGBTI People of Fundamental Rights 9Sexual Minorities Uganda Bears the Bruntof Lively’s Anti-Gay Strategies 11LAW AND ARGUMENT 13I.
DEFENDANT’S PARTICIPATION IN THE CONSPIRACY TO DEPRIVEPERSONS OF FUNDAMENTAL RIGHTS ON THE BASIS OF THEIRIDENTITY IS NOT PROTECTED FIRST AMENDMENT ACTIVITY. 13A.
Defendant's Speech Is Not the Basis of Plaintiff's Claims ButIs Admissible Against Him as Evidence of His Intent andExistence of the Conspiracy. 14B.
The First Amendment Right to Petition Does Not ShieldPolitical Participation for ‘Fraudulent or Unlawful Purposes.’ 17II. THE CRIME AGAINST HUMANITY OF PERSECUTIONCLEARLY CONSTITUTES A VIOLATION OF AN INTERNATIONALNORM THAT MEETS THE
The Crime Against Humanity of Persecution Is Among the‘Narrow Set’ of International Law ViolationsEnvisioned by
Persecution Consists of the Deprivation of Fundamental Rightson the Basis of the Identity of the Group or Collectivity. 25C.
Persecution on the Basis of Sexual Orientation Is Proscribedby Customary International Law. 30
The Rights to Equality and Non-Discrimination Constitute
Peremptory Norms in International Law. 30
The Ongoing Commission of Discriminatory Acts DoesNot Negate the International Norm Prohibiting Them. 33
Case 3:12-cv-30051-MAP Document 36 Filed 09/20/12 Page 2 of 107