Not to be outdone, anti-LGBTQ activist Scott Lively announced that the only way to thwart marriage equality is with the "threat of the mob." Lively is walking a line as like those who have come before - wanting people to take his call seriously, even as he characterizes it as but a metaphor.

"The elites need to see the angry mob - liberals and conservatives together - surging through the streets, pitchforks and torches held aloft, ready to tear down Frankenstein's castle with their bare hands if need be. For Christians it's Jesus and the moneychangers time!  Making a whip of cords like He did with His own hands, and letting these arrogant puppet-masters know we mean to use it (metaphorically speaking)."

"The only way to deter the elites is with the threat of the mob," Lively concluded. "They need to see the pitchforks and torches to know they've gone too far and need to back down."

There is an art to brushing with incitement to violence. It is an art with which the Far Right in the U.S. is very familiar.

Anti-choice militants often engage, or threaten to engage, in activities that walk up to or actually transgress personal and property boundaries of many kinds, including violence. But we have also seen the federal courts recognize that threatening language can morph into a "true threat" - as happened in the case of American Coalition of Life Activists v. Planned Parenthood.

As attorney Maria Vullo told me in an interview in 2002, that the case did not harm freedom of speech. "When you cross over the line into threatening violence," she says, "it's not free speech."

Such concerns may take on new meaning since Christian Right leaders frequently compare the current Supreme Court same-sex marriage case, Obergefell v. Hodges, to Roe v. Wade, and may be serious about waging a long term war of attrition against an unfavorable outcome.

Let's consider for example, the implications of the lawsuit brought by Ugandan LGBTQ activists against Scott Lively - who, as PRA's senior researcher Rev. Dr. Kapya Kaoma broke in 2009, was one of the leading U.S. culture warriors who promoted the virulent homophobia that led to the "kill the gays" bill in Uganda.

Sexual Minorities of Uganda v. Lively will be tried in September of 2015 in federal court in Springfield, Massachusetts - just two months after the Supreme Court decision in Obergefell v. Hodges; followed in October by the World Congress of Families in Salt Lake City.

The latter will bring together some of the leading anti-LGBTQ militants in the world - some of whom have worked for legislation modeled on Uganda's Anti-Homosexuality Law in their home countries.

The case against Lively, filed by the Center for Constitutional Rights (CCR), relies on the Alien Tort Statute, which allows foreign victims of crimes under international law access to American courts.  SMUG v. Lively is the first such case brought to protect LGBTQ people.

Lively is accused of the crime of "persecution," as defined under international law as systematically seeking to deprive people of their fundamental rights not only of life, but of equality under the law - including equal rights of speech, assembly, and association. Persecution is defined here as the "severe deprivation of fundamental rights" on the basis of identity, a "crime against humanity."

Lively's claim that LBGTQ people are, among other things, predatory pedophiles has fueled rage not because of what people have done, but because of who they are. Even though the Anti-Homosexuality Bill had not yet passed when the lawsuit was filed, SMUG said that vigilantes were acting as though it had.  People feared for their lives and possible arrest, received death threats, and were excluded from HIV-related education and health services. Meetings were raided, and LGBTQ leaders and attendees rounded-up and arrested.

CCR attorney Pamela Spees argued that since Lively first went to Uganda in 2002, no one had done more to strip away human rights protections for LGBTQ people.

And although he was not present (as Lively's attorney from Liberty Counsel noted) when specific criminal acts were perpetrated, nor did he supervise the crimes, Lively nevertheless participated in a wide-ranging conspiracy from which these crimes resulted. Lively was described as a "strategist" and an "architect."

The nature of the civil disobedience being promised by various elements of the Christian Right in response to a potential pro-marriage equality ruling by the Supreme Court remains to be seen. It may turn out that some are just blowing smoke and will ultimately be able to live with the social changes taking place in the country. But it is likely that others can't - or won't.

Some certainly believe that the survival of Christendom (as they understand it) is at stake. And if their actions catch up with their words, there may be violence.

This post was originally published by Political Research Associates where I am Senior Fellow for Religious Liberty