Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Being called 'gay' not libel, judge rules
Montreal Gazette ^ | May 30, 2004 | AP

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.


TOPICS: Culture/Society; News/Current Events
KEYWORDS: activistcourts; activistjudge; gay; heterophobia; homosexualagenda; isntgoodtobegay; judgegertner; judgenancygertner; judicialtyranny; lawsuit; libel; madonna; mass; massachusetts; nancygertner; pc; politicallycorrect; slander; sodomite

1 posted on 05/30/2004 9:15:31 PM PDT by Cracker72
[ Post Reply | Private Reply | View Replies]

To: Cracker72

I have been called a "white male" in a derogatory fashion. Can I sue?


2 posted on 05/30/2004 9:17:29 PM PDT by TheOldRepublic
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cracker72

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.


3 posted on 05/30/2004 9:23:42 PM PDT by rochester (bringing the right back in sight)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cracker72

And the dominoes fall.

MM


4 posted on 05/30/2004 9:26:35 PM PDT by MississippiMan
[ Post Reply | Private Reply | To 1 | View Replies]

To: rochester
Calling someone gay is an easy way to get in a bar fight. Maybe I frequent rough bars. Doubt this could cause a flap at the 21 Club or Oakroom.
5 posted on 05/30/2004 9:27:55 PM PDT by AUH2OY2K
[ Post Reply | Private Reply | To 3 | View Replies]

To: Cracker72

Where are the Log Cabin Republicans on this issue? Or should I say back door Republicans? :)


6 posted on 05/30/2004 9:28:59 PM PDT by writer33 (The U.S. Constitution defines a Conservative)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cracker72

So what happens when a gay guy is called straight (lol)? Does he get to sue? Would that be derogatory?


7 posted on 05/30/2004 9:44:15 PM PDT by zahal724
[ Post Reply | Private Reply | To 1 | View Replies]

To: rochester

i dont think thats the problem. its straights that dont like being called gay.


8 posted on 05/30/2004 9:45:15 PM PDT by sweneop
[ Post Reply | Private Reply | To 3 | View Replies]

To: Cracker72
Someone's got to say it...


9 posted on 05/30/2004 9:45:57 PM PDT by weegee (NO BLOOD FOR RATINGS. CNN ignored torture & murder in Saddam's Iraq to keep their Baghdad Bureau.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sweneop

Straight people don't like being called "breeders" either but the homosexual community likes to use that word as an epithet.


10 posted on 05/30/2004 9:47:46 PM PDT by weegee (NO BLOOD FOR RATINGS. CNN ignored torture & murder in Saddam's Iraq to keep their Baghdad Bureau.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: weegee
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...

11 posted on 05/30/2004 9:55:47 PM PDT by CurlyDave
[ Post Reply | Private Reply | To 10 | View Replies]

To: weegee
Hey Simmons,

And that's not libel!

12 posted on 05/30/2004 10:19:24 PM PDT by KarlInOhio (Teach a Democrat to fish and he will curse you for not just giving him the fish.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Cracker72

I wonder just how far we will define deviancy down, before we reach rock bottom. Is there any definition to the word "perverse" anymore?


13 posted on 05/30/2004 10:43:09 PM PDT by jim35 (Will the press still be anti-war when a democRAT is in office?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cracker72
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.

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.

14 posted on 05/30/2004 10:51:15 PM PDT by weegee (NO BLOOD FOR RATINGS. CNN ignored torture & murder in Saddam's Iraq to keep their Baghdad Bureau.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CurlyDave
Not me.........there's one I'm familiar with that promotes gay adoptions and considers himself and partner better parents than my husband and I. They lead a healthy lifestyle, but we are evil smokers.
15 posted on 05/30/2004 10:56:45 PM PDT by Gabz (Ted Kennedy has killed more people than all SHS combined.)
[ Post Reply | Private Reply | To 11 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson