Ernie Chambers

The state Court of Appeals has dismissed former Omaha Sen. Ernie Chambers’ lawsuit against God.

Chambers sued the Almighty in 2007 to prove the point that everyone has a right to their day in court.

The right embraces every person, Chambers said in his appeal, whether powerful or powerless, lionized or loathed, heralded or hated, Bible thumper or Bible  burner.

Douglas County District Court Judge Marlon Polk threw out the lawsuit in October because God could not be served a legal notice. But Chambers said in his appeal the defendant was universally acknowledged to be infinite — without boundaries or limits. To be infinite, a being must be all knowing, he said.

From state courts to the U.S. Supreme Court, not only is God recognized, but is entreated to intervene in human affairs, Chambers said.

It is not reasonable for the court to acknowledge the existence of God, but deny that “the all-knowing defendant has no knowledge of this action,” he said.

Polk dismissed the suit with prejudice, meaning Chambers could not bring another lawsuit on the same claim.

The Court of Appeals vacated the district court order, at the same time as dismissing the suit.

The Appeals Court ruling, quoting other cases, said the court decides real controversies and does not address abstract questions or hypothetical or fictitious issues.

Chambers said he raised serious issues in the lawsuit, which has been derided as frivolous, condemned as an affront to religion, and both cursed and praised.

“The approach has resulted in spirited (even spiritual) discussion worldwide,” he said, “regarding access to the courts, the role and function of the judiciary in a democratic society — and religion.”

Reach JoAnne Young at 473-7228 or jyoung@journalstar.com.

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