OMAHA. Nebraska - October 15, 2008 - You can't sue God if you can't serve the papers on him, a Douglas County District Court judge ruled in Omaha Tuesday.

Judge Marlon Polk threw out Nebraska State Senator Ernie Chambers' lawsuit against the Almighty, saying there was no evidence that the defendant had been served. What's more, Polk found "there can never be service effectuated on the named defendant."

Chambers had sued God in September 2007, seeking a permanent injunction to prevent God from committing acts of violence such as earthquakes and tornadoes.

Although the case may seem superfluous and even scandalous to others, Chambers has said his point is to focus on the question of whether certain lawsuits should be prohibited.

"Nobody should stand at the courthouse door to predetermine who has access to the courts," he said. "My point is that anyone can sue anyone else, even God."

Chambers, an avowed atheist, said he decided to make that point after at least two attempts in the Nebraska Legislature to limit "frivolous lawsuits."

The senator did have a day in court on the case. In August, he argued that Polk should take judicial notice of the existence of God, citing the facts that U.S. currency says "In God We Trust," God is invoked during oaths in court hearings, and chaplains offer prayers before legislative bodies.

"If God is omnipresent," Chambers said in that August hearing, "then He is here in Douglas County and in this courtroom."

Polk was not persuaded.

His Tuesday ruling said Chambers' motion to take judicial notice of God "is denied as moot."

Chambers, reached at home Tuesday evening, said he hadn't yet seen the court order. He declined to comment until he could review the document today.