Sylvia Ann Driskell, the 66-year-old Nebraska woman who wrote a handwritten seven-page lawsuit against all homosexuals, will not get her day in court.
A judge has dismissed her motion.
In a strongly worded opinion, [Judge John Gerrard] 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.”
The Court will not give the plaintiff an opportunity to amend her complaint in this matter because it is obvious that amendment would be futile. Even liberally construed, the plaintiff does not set forth any discernible claim for relief over which this Court has jurisdiction. This Court is not the place to seek opinions regarding theological matters; this particular forum is closed and the case will be dismissed.
The bolding there is in the actual motion.
You can almost hear the Judge’s internal monologue: Got it, Sylvia?! I’m not here to decide what your God thinks! I can’t believe I have to write this. Two more years till retirement. Two more years…