Federal Judge Throws Out Lawsuit Against 'All Homosexuals'

It appears as though God and the gays won't have their day in court.

The Nebraska woman who called herself an "ambassador" for the plaintiffs "God, and His Son, Jesus Christ," got a lesson in legal procedure Wednesday when her civil lawsuit against all homosexuals that aimed to prove that homosexuality is a sin, was thrown out of federal court.

Sylvia Driskell, 66, made headlines this week when her seven-page handwritten complaint titled "I Sylvia Ann Driskell v Homosexuals," which she filed on May 1, was made public. Using section 1983 of the Civil Rights Act of 1871 (commonly referred to as the "Ku Klux Klan Act"), Driskell contended that "homosexuality is a sin, and that they the homosexuals know it is a sin to live a life of homosexuality. Why else would they have been hiding in a closet."

In astrongly worded opinion dismissing the case, U.S. District Judge John Gerrard said that Driskell's complaint failed to set forth, among other things, naming at least one defendant and what relief she was seeking in the matter.

"The plaintiff's complaint names 'Homosexuals' as the defendants, and consists of seven pages of her personal and religious views on the subject of homosexuality," Gerrard wrote in his opinion. "But as an initial matter, the Court notes that the complaint does not comply with the general rules of pleading."

Gerrard also noted Driskell's lawsuit neglected to name a defendant and was "a declaration that homosexuality is sinful -a question that the Court cannot answer." He added that "the Court may decide what is lawful, not what is sinful."

Driskell will not have the opportunity to amend her complaint because in Gerrard's words, "it is obvious that amendment would be futile."

In closing, Gerrard issued a warning to others who may attempt similar frivolous lawsuits.

"This Court is not the place to seek opinions regarding theological matters; this particular forum is closed and the case will be dismissed," he said.