Federal judge dismisses Nebraskan's suit against all homosexuals - Omaha.com: Nebraska
Federal judge dismisses Nebraskan's suit against all homosexuals
A federal judge will not allow a Nebraska woman to be a legal spokeswoman for God and his son, Jesus Christ.
Judge John Gerrard dismissed a lawsuit Wednesday filed against all homosexuals.
Sylvia Driskell, 66, of Auburn, Nebraska, had asked the court last week to decide whether homosexuality is a sin.
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."
Gerrard declined to allow Driskell an opportunity to amend her complaint.