Skip to comments.NY Court Rules Calling Someone Gay Isn't Slander
Posted on 05/31/2012 8:11:34 PM PDT by Clint N. Suhks
A court says it's no longer slander in New York to falsely call someone gay.
A mid-level appeals court 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.
"These appellate division decisions are inconsistent with current public policy and should no longer be followed," stated the unanimous decision written by Justice Thomas Mercure of the Appellate Division's Third Department based in Albany. While the decision sets new case law in New York now, it could still go to a definitive ruling by the state's highest court, the Court of Appeals.
The New York decision finds that the comment is now "based on a false premise that it is shameful and disgraceful to be described as lesbian, gay or bisexual."
The ruling stems from an incident in the Binghamton area. Mark Yonaty sued, claiming a woman spread a rumor she heard in hopes that Yonaty's girlfriend would break up with him. He said the comment hurt and ultimately destroyed the relationship. Yonaty and his attorney didn't respond to a request for comment. The decision, as in many defamation suits, provides few details.
With Thursday's decision and similar ones in several other states, calling someone gay is eliminated as defamation, just as being called black is no longer grounds for slander, said Jonathan L. Entin, law and political science professor at Case Western Reserve University Law School in Ohio.
(Excerpt) Read more at nytimes.com ...
Thereby equating the two as conditions that one is born with and further pushing along, equating the struggle for queer "rights" with the black's struggle for equality.
I’m getting so tired of these “dial up” speeds when replying.
finally, some consistency at least! I’m getting more than a little tired of this “totally identical but still unique and special” nonsense.
Guess the bisexuals can now choose their race given that judge’s reasoning.
Yeah, when are those new servers coming? The FReepathon is over!
I heard on the old Perry Mason shows in days of yore that the truth is always a valid defense against a charge of slander.
Well, they can’t exactly have it both ways. If “gay” is the new cool it can’t be a nasty word too.
Does not compute. I thought slander was lying about someone. And the suit followed because the lie caused some injury. The law is an ass.
How can it possibly be wrong to label someone as being happy?
So basically you can slander & defame someone is you use a protected term. I can see how some twisted folks might use this term to defame someone then turn around & hide under the federal protection that it is no longer defamation.
Some of them do.
Well, I guess it's back to getting one's azz kicked then.