LINCOLN — A God who is “all-knowing” should know when he’s being sued, even without being served notice of the lawsuit, said former State Sen. Ernie Chambers of Omaha.
After all, Chambers wrote to the Nebraska Court of Appeals, courts already invoke the Almighty in oaths to witnesses that they tell the truth “so help me God.”
He said it was inconsistent for the Douglas County District Court “to take judicial notice of God in order to administer oaths and to enter an order to dismiss . . . yet simultaneously deny that the all-knowing God has notice of the petition,” Chambers stated in written arguments submitted Monday.
Chambers, an atheist who got a law degree at Creighton University, filed suit against God in 2007.
The purpose, he said, was to uphold citizens’ rights to sue “anyone else, even God.” Chambers said he acted in response to legislation to limit so-called frivolous lawsuits.
Douglas County District Judge Marlon Polk dismissed the lawsuit, saying there was no evidence that God had been served in the case. Polk also said “there can never be service effectuated” on God.
In his appeal, Chambers said not only that God would know he was being sued, but the judge abused his discretion by dismissing the lawsuit “with prejudice,” meaning it cannot be refiled.
Previous Nebraska Supreme Court rulings, he argued, state that if a party is not served within six months the remedy is dismissal “without prejudice,” which means a new lawsuit can be filed.
The Court of Appeals could uphold Polk’s ruling without comment or schedule oral arguments in the case.
The court gave Chambers until Feb. 24 to file a statement of jurisdiction in the case and to show that he had notified Lincoln attorney John DeCamp, who has asked to represent God.
DeCamp, another former state senator, is among a handful of people, from Texas to Sweden, who have filed court documents seeking to be God’s lawyer in the case.
“If they want to go to court, we’re willing to take God’s side,” said DeCamp, who practices law in Lincoln. He said he legally registered “The Church of the Golden Rule” as an entity in Nebraska two decades ago, so he has religious experience.
E.O. Augustsson of Orebro, Sweden, wrote the Appeals Court, asking to intervene on God’s behalf. The court ruled that his letters, which mentioned “Bjorn . . . the omnipresent,” were “frivolous” — a description some have given to Chambers’ lawsuit.
Attorney Eric Perkins of Corpus Christi, Texas, filed a response to Chambers’ lawsuit in Douglas County. Perkins said God “knew the plaintiff, created the plaintiff” but was not “disappointed” by him.
Court documents signed by “God himself” and “Mary” also were filed in the lower court.