posted on May 29, 2004 11:52:28 PM new
BOSTON (AP) -- Stating that someone is homosexual does not amount to libel or slander, particularly in light of new court decisions granting gays more rights, a federal judge has ruled.
The ruling by U.S. District Judge Nancy Gertner came as she threw out a lawsuit by a former boyfriend of pop singer Madonna who claimed he was libeled 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 Friday.
The attorney for plaintiff James Albright, who had worked for Madonna as a bodyguard, didn't immediately return telephone and e-mail messages seeking comment Saturday. Attorneys for the defendants, who included Madonna biographer Andrew Morton and St. Martin's Press, the publisher, also didn't respond to messages.
Arline Isaacson, co-chairwoman of the Massachusetts Gay and Lesbian Political Caucus, agreed with the judge "that in this day and age, calling someone a homosexual or gay is not an insult and shouldn't be."
"It's merely a description and no different than describing someone by their ethnicity or religion," Isaacson said.
Gertner said other courts' rulings that 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 that it would be unconstitutional to prevent gays in the state from marrying.
posted on May 30, 2004 02:11:13 PM new
about the judges ruling...
I think that in the current climate, if your intent is to do harm and the allegation is false it could be considered libel or slander. However, if the remark is true then it's clearly not libel or slander.
posted on May 31, 2004 08:10:42 PM new
A Pedophile is nothing even close to homosexuality. It is unbelievable that you can compare sexual acts between consenting adults with the sexual abuse of a child. Your moral compass is horribly askew.
