If you don’t know who Scott Lively is, he’s the monster who authored The Pink Swastika, a book I’ve derided in the past for its pseudo-historical claim that Nazis were a secret gay organization intent on destroying heterosexuality. It ranks about as high as The Protocols of the Elders of Zion in terms of historical verisimilitude.

In March of 2009, Scott and a posse of other Evangelical Christians traveled to Uganda, and gave a series a talks about ‘the gay agenda’. They covered the typical tropes, such as baseless accusations of gays sodomizing teenage boys, therapies to covert them back to being straight, and said gays had an evil social agenda. The conference was widely attended, and a few months later, helped inspire Uganda’s ‘Kill the Gays Bill’.

Since March 2012, a group called Sexual Minorities Uganda sued Lively under the Alien Tort Statute (which allows U.S. courts to hear human-rights cases brought by foreign citizens for conduct committed outside the United States) In this case, individuals claiming that Scott’s hateful rhetoric has caused the suffering and death of countless individuals. Pepe Julian Onziema, the Advocacy and Policy Officer at Sexual Minorities Uganda, had this to say:

Coming face to face with the man who has caused us so much pain is important to me. We want him held accountable for the escalating homophobia and persecution in Uganda. This case is about making it clear to people who have exported their hate agenda to Uganda that their actions have a very real effect on us and they must stop.

A federal judge is now reviewing his motion to dismiss the case.

While he claims he has only the best intentions for gays (believing they need to be cured of their condition), he continues to try and blame every conceivable calamity on them. He’s recently accused gays of causing the “great Flood that supposedly brought humanity once again to an evolutionary bottleneck no species could survive (it’s called “minimum viable population sizes, and trust me, that number isn’t 5 people), hinting another may come if we continue to give gays the same rights as everyone else.

So, is it hate speech or not?