An appeals court has refused to dismiss a case against homophobic pastor Scott Lively, who is set to stand trial for crimes against humanity.

Lively is an American pastor who cheered on anti-gay legislation in Russia, branding Putin an ‘unlikely hero’ for passing it.

It previously emerged that he addressed an anti-gay conference in Uganda just before the country’s homophobic law was first drafted, and he is facing a charge of crimes against humanity for his role in encouraging the country’s law, and similar ones around the world.

The US First Circuit Court of Appeal this week refused his bid to have the case against him dismissed on free speech grounds – meaning the case will go to trial.

The short judgment said: “Although it is debatable whether the district court has properly parsed the petitioner’s protected speech from any unprotected speech or conduct, his right to extraordinary relief is not clear and indisputable.

“The petition is denied.”

Lively ran last month for Governor of Massachusetts as an independent candidate, but came dead last, amassing just 19,378 votes out of 2,158,326 – even being beaten by the number of ballot slips turned in blank, at 28,465.