A lady in Nebraska has filed a lawsuit against all the gays on earth for breaking the moral and religious law as laid down by Jesus Christ, what is the likelihood of this succeeding?

Really? Wow. one moment please caller I'm going to go read more about this...


Ok I'm back.  Here are the court documents filed in the case of The United States District Court of Omaha, Nebraska in the case of Sylvia Anne Driskell v Homosexuals, Their Given Names.

Ok, is this possible? Yes, obviously it is because the District Court of Omaha took it in and filed it and gave it a case number.  So sure, it's a thing, you can try and sue all of the gays in the world at once and a court, provided that you filed in the correct way will consider your petition before it.

What is the likelihood of this going further than that?

None.

Before you begin a civil lawsuit against another person (be it an actual human being or a company) then you need to have a couple of things.

  • You need to have suffered some sort of damage that the law will provide some sort of remedy for.

First hurdle, have someones' actions or inaction caused you to have some sort of damage.  It doesn't have to be physical damage, it can be emotional damage or financial damage, like losing income.  It can even be damage to your reputation by someone speaking lies about you.  

Whatever the damage it needs to be a damage that the law will provide some sort of remedy for. The remedy can be a court awarding you money for damages, money for compensation, a court can order someone to stop telling lies about you, or make someone apologise for telling lies about you publicly.  

The law protects you from the examples I gave above; people owe you a duty of care, people can't spread lies about you, the things you buy need to be safe for you to use and so on.  In this instance, the plaintiff (Mrs Driskell) is personally offended by the gays, all the gays.

In the state and country that she is in, it's not illegal just to be offended by someone. She can be offended all she likes but being offended is not against the law.  So even though she's claiming the very existence of gays is offensive, there is no law to make gays offending her unlawful.

Read the brief, it's pretty funny.  She doesn't cite any law, just Bible verses. Despite what the Plaintiff thinks, the Bible is not a legal code, and even if some people insist that it is and they live by it, it's not a law the District Court can enforce.

FAIL.

Polyester offends me, people still wear it though. It's a pity I can't sue anyone wearing it but that's just that.

  • You need to have suffered some sort of damage from someone that can be sued.

The Plaintiff is claiming that ALL OF TEH GAYZ offend her, and I get that. The next step you need to clear to sue someone is: 'can the person you want to sue be sued'.  In other words, can the person who  hurt you or whatever be sued in their own name.  

Essentially, can the court bring the other person or their representative to court.

The Plaintiff is suing all the gays.  She doesn't name them because she can't.  There are gays all over the world, there are gays the Plaintiff doesn't even know about. She can't sue everyone who falls under a certain category because she has to be able to name them all so they can all come to court.

If a particular gay caused her some sort of damage, like telling lies about her or eating her rose bush or whatever then she could sue that particular person by name and they could come to court.  All of the gays can't come to court because she would have to name and notify every single one of them that they are being sued.

You can't also sue all the people because all the people are not a type of person that can be sued.   Well, they could, but as I said you would have to name them all and notify every single one.  "Everyone" is also not a person under the law. 

  • You need to have standing.

This has nothing to do with having legs.  It just is a fancy way of saying "are you the right person that can stand in court and argue your case".  

Essentially, did the wrong happen to you.  Your second cousin you've never met can't sue me on your behalf if my dog bit you, you would have to do it because you have standing your second cousin doesn't.

You need to have suffered some damage and only you (in 99% of the cases) can take that case to court and a lawyer can represent you.

The Plaintiff does have standing to sue people in her home state, but she doesn't have anything to sue them over and she can't name every single person she wants to sue.  

Also, she doesn't have standing to sue me or any of my deviant gay friends on the other side of the world because I haven't done anything to her.  I've never even met her, I don't even know who she is nor does she know who I am.

Fail.

 

 

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