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Judge: Homosexual Isn't Libelous Term
http://www.kentucky.com/mld/kentucky/news/breaking_news/8794183.htm?template=contentModules/printstory.jsp ^ | 5/29/04 | MARTIN FINUCANE

Posted on 05/29/2004 5:18:00 PM PDT by Maria S

BOSTON - Stating that someone is homosexual does not libel or slander them, 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.

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.


TOPICS: Culture/Society; Miscellaneous; News/Current Events; US: Massachusetts
KEYWORDS: homosexualagenda; lawsuit; pervert; poofer; rumpranger
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1 posted on 05/29/2004 5:18:01 PM PDT by Maria S
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To: Maria S

Those "gay" people are mighty touchy.


2 posted on 05/29/2004 5:24:02 PM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Maria S

So...does this also apply to "butt monkey"?


3 posted on 05/29/2004 5:25:12 PM PDT by Fintan (Seriously...does my hair look all right?)
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To: Maria S

Excellent! A good strike against PC:
By simple logical extension, all the synonymic expressions, previously thought of as derogatory, now are to be seen as OK.


4 posted on 05/29/2004 5:25:33 PM PDT by GSlob
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To: nmh
The whole point of the lawsuit is that he's not "gay".. (Not that I'm saying you're wrong, though)
5 posted on 05/29/2004 5:30:27 PM PDT by AntiGuv (When the countdown hits zero - something's gonna happen..)
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To: GSlob
Excellent! A good strike against PC: By simple logical extension, all the synonymic expressions, previously thought of as derogatory, now are to be seen as OK.

How true! The judge realized that the diversity crowd has painted itself into a corner.

6 posted on 05/29/2004 5:31:03 PM PDT by arm958
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To: AntiGuv
The whole point of the lawsuit is that he's not "gay"..

I'm not disagreeing with you, but I don't see such a reference in the article. Do you have other sources?

7 posted on 05/29/2004 5:33:05 PM PDT by arm958
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To: Fintan
"So...does this also apply to "butt monkey"? "

I suppose "Rump Ranger" is totally out of the question.

Nam Vet

8 posted on 05/29/2004 5:33:29 PM PDT by Nam Vet (Arab nutball bumper sticker ..... "My other wife is a goat")
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To: Maria S
I thought calling someone a homosexual was a complement. All us heterosexuals are nothing but knuckle draggers.
9 posted on 05/29/2004 5:34:46 PM PDT by fhayek
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To: Nam Vet
I suppose "Rump Ranger" is totally out of the question.

One of my former commanders, a USMC Colonel, loved to use that frase in a most disparaging manner. I miss the politically incorrect military.

10 posted on 05/29/2004 5:35:59 PM PDT by arm958
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To: Nam Vet
LOL!
I reckon it is.
11 posted on 05/29/2004 5:36:15 PM PDT by onyx (Rummy's job is winning the war, not micro-managing some damn prison.)
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To: Fintan
[ So...does this also apply to "butt monkey"? ]

LoL.............

12 posted on 05/29/2004 5:36:43 PM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole....)
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To: arm958
...I don't see such a reference in the article.

Yes you do. A statement cannot be libel or slander or defamatory if it's true. The fact that the lawsuit was even brought must be predicated on his claim that he isn't gay.

13 posted on 05/29/2004 5:38:42 PM PDT by AntiGuv (When the countdown hits zero - something's gonna happen..)
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To: Maria S
So, just guessing here and based upon her rationale, when we call Judge Nancy Gertner a "Bull Dyke," what the heck, that ain't insulting either.
14 posted on 05/29/2004 5:39:26 PM PDT by Gunrunner2
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To: Nam Vet

Did the judge happen to rule if the following was libel too ? I'd really hate to offend one if I happened to encounter such trash.


fudge packers
faggots
butt-bangers
fairies
queers
fags
twinkletoes
homos
a Massachusetts married couple, according to the state supreme court
fanny pirates
Hershey highwaymen
Lanth
Bruth
plowboys
polesuckers
queens
fruits
pickle smokers
Skippy Lightfoot
butt buddies
princesses
Sparkle
first a tight end, then a wide receiver
pansies
cinderfella
Tinkerbelle
sissies
Prancer
Nancy Fancy Pants
Peter Pan
Ben Dover
limp-wrists
The Village People
Mr. TuTu
pile drivers
Mr. Cutie-pie
Holly-go-lightly
Uphill Gardeners
pork-u-spines


Stay Safe !.............:o)


15 posted on 05/29/2004 5:40:11 PM PDT by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet.)
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To: Squantos

Pillow biting poofters

Turd burglars


16 posted on 05/29/2004 5:41:47 PM PDT by Living Stone (The following statement is true: The preceeding statement is false.)
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To: Living Stone
Dang I forgot turdburgler !.........Thanks LS !........:o)

Stay safe !

17 posted on 05/29/2004 5:42:57 PM PDT by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet.)
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To: Maria S
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.

More unintended consequences of the Lawrence decision. (Or maybe not so unintended!)

18 posted on 05/29/2004 5:50:53 PM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: Fintan

So...does this also apply to "butt monkey"?


BREVITY IS THE SOUL OF WIT


19 posted on 05/29/2004 5:58:30 PM PDT by TASMANIANRED (What do they call children in Palestine? Unexploded ordinance)
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To: Squantos
Know what we call queers here in the South?

Homosex y'alls.

20 posted on 05/29/2004 6:04:24 PM PDT by Morgan's Raider
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