Posted on 05/30/2004 9:15:30 PM PDT by Cracker72
Dismisses suit by Madonna's ex-beau
Stating someone is homosexual does not libel or slander them, particularly in light of new court decisions granting gays more rights, a U.S. federal judge has ruled.
The ruling by Judge Nancy Gertner came as she threw out a lawsuit by a former boyfriend of pop singer Madonna who said he was libelled because his name appeared in a photo caption in a book about Madonna - under a picture of Madonna walking with a gay man.
"In fact, a finding that such a statement is defamatory requires this court to legitimize the prejudice and bigotry that for too long have plagued the homosexual community," she wrote in her opinion.
Gertner said other courts' rulings stating someone is homosexual is defamatory had relied on laws criminalizing same-sex sexual acts that might well be unconstitutional. Previous decisions hadn't taken into account more recent decisions recognizing gays' equal rights, she said.
She pointed to a Supreme Court ruling last year that found a Texas sodomy law unconstitutional, and to the Massachusetts Supreme Judicial Court ruling last year it would be unconstitutional to prevent gays in the state from marrying.
I have been called a "white male" in a derogatory fashion. Can I sue?
If gays want equal rights, they had better get used to being called homosexuals. Women got their rights, and they are still called women, same with blacks.
And the dominoes fall.
MM
Where are the Log Cabin Republicans on this issue? Or should I say back door Republicans? :)
So what happens when a gay guy is called straight (lol)? Does he get to sue? Would that be derogatory?
i dont think thats the problem. its straights that dont like being called gay.
Straight people don't like being called "breeders" either but the homosexual community likes to use that word as an epithet.
I volunteer to do the breeding they don't want to do...
And that's not libel!
I wonder just how far we will define deviancy down, before we reach rock bottom. Is there any definition to the word "perverse" anymore?
It is bearing false witness against another person's character. If a man has not engaged in same sex sodomy, he should not have to endure being labelled a homosexual.
Can someone legally make the claim that some conservative voted For Bill Clinton? It may seem petty to some (liberals) to go to court over, but again it would be a lie that would be looked on by some as a character flaw.
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