|James Domen claims to be ex-gay and a pastor of a nonprofit that is not a church.|
I hope this frivolous litigation cost James Domen’s Church United a ton of money. We sure paid our share for two years of nonsense.
Last week the United States Court of Appeals for the Second Circuit dismissed James Domen v. Vimeo, Inc.
In 2019 Jim Domen and his Church United (it’s not a church) sued Vimeo for sexual orientation discrimination. James Domen claims to be “ex-gay” which usually means “re-closeted.”
The litigation occurred because Vimeo whacked Domen’s account. Vimeo does not permit conversion therapy videos on its platform.
James Domen makes a living by being rabidly bigoted. Domen alleges that he is ex-gay. Chances are he is as gay today as he was before he claimed not to be.
Domen makes very odd choices of professionals. For example Church United uses “Christian” accountants Ronald Blue & Co. (which is part of RB Holdings). There are no fewer than four large, glaring errors on the 2018 tax return.
For this lawsuit Domen selected Tyler & Bursch which is located in California. Their Nada Nassar Higuera did most of the work. She is a graduate of fourth-rate University of the Pacific Law.
Vimeo is in New York. Higuera’s first mistake was attempting to file this suit in California. 20 docket entries and three months were required for the case to end up at the Southern District of New York. Five months and 40 docket entries later it was dismissed.
Eleven months later (December 10, 2020) the appeal was argued at the Second Circuit. Not surprisingly the Second Circuit rid itself of this frivolous case in only three months. Nevertheless, taxpayers funded nearly two years of nonsensical litigation.
Hell I could have saved all of us a great deal of time and money. Two years ago I wrote:
Nice try. For starters, being ex-gay is not a sexual orientation. That won’t fly. Religious discrimination has always been ambiguous. Is it based on belief or membership? In any event, I don’t think that conversion therapy can be a religious rite.
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I am obviously biased but I would argue that Vimeo has every right to determine what content is acceptable on its platform.