As all lawyers should know, and indeed as everyone should probably know, to sue someone you have to serve them with notice of the lawsuit. This is one of those fun provisions studied in Civil Procedure, and usually involves questions of jurisdiction, etc. So when you can’t find the person you are suing, you have a problem. This is particularly the case when you sue people who could be characterized as residing in the metaphysical realm or are otherwise beyond the reach of normal, everyday human court systems. This group of “people” includes beings such as aliens (from outer space, that is, not illegal aliens), the Easter Bunny, Satan, and, of course, God.
But a state senator from Nebraska is trying to get around the problem of serving God. Ernie Chambers, who has been a Nebraska senator for 38 years and who is leaving office soon due to term limits, sued God in Omaha in September of 2007. Normally, suing God is reserved for those whose connection with reality might be charitably described as tenuous. But those kinds of people aren’t usually state senators.
So what is Chambers up to? His suit seeks to enjoin God, and claims that God has made terroristic threats against the senator (how, I’m not quite sure -- I don’t believe there is any scripture anywhere that states, “Ernie Chambers, I am going to kill you. Sincerely, God.”), as well as against Chambers’ constituents in Omaha. He also claims that God has inspired fear and caused “widespread death, destruction, and terrorization of millions upon millions of the Earth’s inhabitants.”
Be that as it may, the court in question has now told Chambers that unless he can provide proof of service on God, his suit will likely be dismissed. Chambers has admitted his failure to serve God. “Despite my most sincere, zealous efforts, I could not find a location to serve the defendant,” Chambers said. But Chambers wants the judge to take judicial notice of God and God’s omniscience and omnipresence. Chambers points to the fact that courts and other government organizations already officially notice God, such as in the oath used to swear in witnesses (“So help me God”) and in the monetary motto “In God we trust.”
Chambers further said that God already has notice of the lawsuit, since God knows everything already. It’s an intriguing argument, though Chambers hasn’t advanced any theory of how the court could enforce any injunction against God. Until that happens, any guesses as to whether the judge will toss the suit?