Skip to comments.Falsely calling a person 'gay' is not slander, New York court rules
Posted on 06/01/2012 2:18:42 PM PDT by Teflonic
Falsely calling someone gay is no longer slander, according to a New York court decision, because it is not considered shameful to be homosexual.
It is a ruling that has upset gay rights activists who fear that social hostility toward homosexuality remains in many parts of the country.
The Appellate Division in Albany on Thursday wiped out decades of rulings, including its own, to say that society no longer treats false comments that someone is gay, lesbian or bisexual as defamation. Without defamation, there is no longer slander, the court ruled.
The new case law was set after the court tossed out a gay defamation case but it could still go to a definitive ruling by the state's highest court, the Court of Appeals.
The case was of a Binghamton area man named Mark Yonaty who filed a lawsuit against his friend Jean Mincolla.
Yonaty, who is straight, claimed she had spread a rumor about his sexuality in the hope that his girlfriend would break up with him.
He said that the comment hurt and ultimately destroyed the relationship and led to the filing of his lawsuit.
Neither Yonaty nor his attorney responded to a request for comment.
Thursday's decision stated that earlier rulings on the matter were 'based on a false premise that it is shameful and disgraceful to be described as lesbian, gay or bisexual'.
Justice Thomas Mercure, of the Appellate Division's Third Department, wrote in the unanimous decision: 'These appellate division decisions are inconsistent with current public policy and should no longer be followed.'
The ruling was based in part on 'the tremendous evolution in social attitudes regarding homosexuality' that prevents it being considered on a level with other types of defamation such as 'accusations of serious criminal conduct or insinuations that an individual has a loathsome disease'.
(Excerpt) Read more at dailymail.co.uk ...
Happiness tends to be ephemeral.
Sickening, but it’s interesting to see the gays are upset that being called gay is not slander.
It’s definitely a queer ruling.
Yet when a kid in school says; “That’s so gay!”, she gets sued as a homophobe.
A very funny pickle for the homo-liberal crowd, who seems to want to have it both ways.
So let me see if I understand this. If you call someone gay and they are not gay that’s ok. BUT, if you call a gay person gay that is a hate crime. So bottom line, only gays can be victims of hate crimes. Calling someone a homophobe is a loving gesture.
Our society is so obsessed with sex. The real hate is from homosexuals and their supporters against those who believe the gay lifestyle is wrong. We don’t want to know someones sexual preferences, that is between them and God. We just don’t want liberal beliefs pushed and forced on our kids. They don’t just want acceptance, they want the hearts and souls of our kids. They are like the communist who believe you can change a generation if you get the media, the schools, the courts.......to force their beliefs and take God out of the equation. Unfortunately they have had success. They go after marriage, rather than inventing something for gays, because they know God created marriage and made it sacred. What they really want is God to accept their lifestyle, but He already spoke on the issue. God gave us laws for a reason; to protect the family, health reasons,....They think they can make the gay lifestyle normal, but deep down inside they know it’s wrong. I feel sorry for the people I know who are gay. All but one of them don’t want to be gay. Everyone of them had something happen or saw something happen to someone else when they were young. If we had real laws that protected children from predators, their would be a lot less pain in this world.
If you watch tv for 5 minutes, any child (unfortunately) can see that not approving of the homosexual lifestyle is deemed as hateful, homophobic and crazy....... I was surfing cable and the Law and Order episode proves the bias in the media (as if we all, even the most ignorant among us, don’t know the head games they play) The physiologist implied it was a physiological problem and the detectives called them homophobes, crazy, hateful, possible murder suspects or capable of murder or other crimes, unchristian and not knowing what the world of God says.You know God is love so that means you can do whatever you want and God loves you just that way. God does love everyone, but hates all sin; gays are not excluded. He love me, but hates if I lie or steal or am greedy and those sins he hates. I don’t run around telling everyone that they have to accept my actions if they are wrong.
That's a mistake right there.
Unfortunately even if you do the right thing, such as repurpose your TV as a computer monitor and to focus on reading books, this helps only you. Millions of TV zombies remain glued to screens and accepting the programming instructions into their brains (or whatever is occupying the space in their heads.)
We are watching a rare thing - a complete brainwashing of the entire country. Communists in USSR did that with massive propaganda in person and in newspapers, radio and movies. Those who resisted were killed. Today in the USA the same is being achieved with massive propaganda on TV, radio and in movies. Refuseniks are not physically killed yet, but they are surely alienated. Do not become too happy about that, though - communists couldn't start shooting "enemies of the people" right away either; it took a decade of inciting hatred toward Emmanuel Goldstein and his ilk before first show trials and mass arrests became possible. George Zimmerman appears to be a perfect candidate for the first show trial in the modern USA.
Since you know your history, any good books you recommend on Emmanuel Goldstein and this sad time in history? No, I did not go to public schools; Catholic. I just don't remember learning about him and that time in history with such detail. Thanks.
I rarely watch TV shows. My TV is mostly on some type of sports. I screen what the younger ones watch. My buddy does not even have cable even though he does that type of work. He watches DVDs.
they say “be careful what you ask for” or what about “unintended consequences”
they want their cake and eat it too!
No s—t? I wouldn’t care if it were slander.