Seeking an injunction

A Nebraska state senator is suing God. In his suit, "State Sen. Ernie Chambers v. GOD," Chambers is asking the Douglas County District Court to issue a permanent injunction ordering God to "cease certain harmful activities and the making of terroristic threats."

The claims in Chambers' suit are very similar to the claims made back in 1971, when Gerald Mayo sued "Satan and his Staff" in federal court in Pennsylvania.  Mayo claimed that, "Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and caused his downfall."

Judge Weber in "Mayo v. Satan and his Staff" did not doubt the truth of Mayo's claims, but said, "We question whether the plaintiff may obtain personal service over the defendant."

In the Nebraska suit against God, Sen. Chambers wants the court to waive the requirement of personal service on God, because, "Plaintiff, despite reasonable efforts to effectuate personal service upon Defendant ('Come out, come out, wherever you are') has been unable to do so."

In Chambers' nine-count suit, some of the alleged "calamitous catastrophes" are indeed caused by God, such as the "fearsome floods" and "egregious earthquakes" listed in paragraph 19.

But a person has a responsibility to do his or her research before filing a lawsuit, and if Chambers had simply searched the primary documents, he would have discovered that many of the problems he attributes to God are, in fact, the work of Mr. Mayo''s former defendants, Satan and his staff.

Sen. Chambers claims that God has caused "genocidal wars" and that God has "manifested neither compassion nor remorse." God's "deleterious behavior and terroristic threats," Chambers alleges, "have resulted in, and continue to result, in pecuniary loss, fear, anxiety, terror, stress, uncertainty, depression, suicide and the like."

At least two responsive pleadings have been filed on behalf of God.

The first responsive pleading asserts as a challenge to the suit that Sen. Chambers, "is barred by the doctrine of collateral estoppel from asserting GOD's existence after a lifetime of denying His  existence."

The author of the second responsive pleading has been identified as Eric Perkins of Corpus Christi, Texas. On God's behalf, Perkins alleges lack of jurisdiction: "Defendant denies that this or any court has jurisdiction ... over Him any more than the court has jurisdiction over the wind or rain, sunlight or darkness." Perkins also advances God's possible defense of contributory negligence: "I created man and woman with free will and next to the promise of immortal life, free will is my greatest gift to you [and] any harm or injury suffered is a direct and proximate result of mankind ignoring obvious warnings."

 "Defense attorneys agree that God has a good case," Central Texas station KWTX reported. "In the meantime, no court date has been set to hear the lawsuit." 

Because of the problems of jurisdiction and service of process, there will never be a trial on Sen. Chambers' lawsuit. But he will definitely want to begin preparing for what is commonly referred to as "Judgment Day."

 Sen. Chambers should begin preparing himself to respond to questions similar to what God asked Job: "Who is this that darkens my counsel with words without knowledge- Would you discredit my justice- Brace yourself like a man; I will question you, and you shall answer me. Will the one who contends with the almighty correct him- Let him who accuses God answer him! Would you condemn me to justify yourself-"

In the New Testament, James wrote that, "You have heard of the perseverance of Job and seen the end intended by the Lord - that the Lord is very compassionate and merciful." 

Sen. Chambers may want to speak to the advocate and counselor, Jesus, about what it takes to persuade the supreme judge to grant that mercy.

J. Michael Sharman is an independent columnist who practices law in Culpeper. His column appears Tuesday in the Star-Exponent.