2004-05-29

On this date U.S. District Judge NANCY GERTNER (in Massachusetts) rules that stating that someone is homosexual does not libel or slander them, saying that “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”. The ruling came in a lawsuit of James Albright against the singer Madonna: Albright’s name had appeared in a photo caption in a book by Andrew Morton about Madonna. Gertner said previous rulings that stating someone is homosexual is defamatory had relied on laws criminalizing same-sex sexual acts, and had to be reevaluated in light of more recent rulings that such laws are Constitutionally suspect.