Defamation on my sexual orientation based on my pink clothing

[quincy]

Blue, it was not all that long ago that the laws in all states made homosexuality a crime, just like murder. In fact, these laws still exist in some states (although no longer enforced).

It was the still-existing law in New York that allowed for the filing of defamation claims over gay labels in the early 2000s, even though the courts in New York were encouraging the legislators to fix the law fast. Because a false accusation of committing a crime is considered defamatory per se, no proof of reputational harm was required to support a suit. Falsely being called gay was the same as falsely being accused of any other crime. Defamatory on its face.

That said, even when the laws in states change, not all people will change with them. If you happen to live in a community that has not changed as much as or as rapidly as other communities in other states, you might be denied employment or shunned or ridiculed based solely on the fact that you are gay. If someone who is gay is not accepted in a community, anyone in the community who is falsely labeled as gay will also find it hard to be accepted. The false label can cause harm to the reputation of that person.

I am not saying any of this is good or right or sane. It just is.

 

[Just Blue]

I honestly do not see why a persons sexuality matters. Homecoming Queen, Quarterback or CEO? Who cares?

 

[quincy]

I honestly do not see why a persons sexuality matters. Homecoming Queen, Quarterback or CEO? Who cares?

It is hard to put yourself in the minds of other people. Try as I might, there are a some things that I suspect I will never understand - and why someone else's sexuality matters so much to some people is just one of those things.

 

[justalayman]

I find it a bit different (vastly ) being called a mass murderer as opposed to a gay man or woman. Being gay is not a big deal. It really is not. Being called gay is not a big deal. Really.

tell that to Vito Spatafore on the Sopranos.


Depending on the situation, being called gay can be defamatory regardless of which of us wouldn't give a rat's butt care if somebody called us gay.

Let's say pink stuff worked in a muscle guy gym and was a towel boy in the locker room. If it was rumored he was gay, it could result in his termination if the patrons went to management and said they aren't going to use a locker room where a gay kid works. Heck, in some gyms he might get beat up and stuffed in a locker.

 

[quincy]

It is generally not only a false label of "gay" that is supporting the defamation suits that are making it as far as a courtroom but false stories of gay sex that go along with the label.

These types of false stories, even for those who are not homophobic, can affect marital relationships just as any story of infidelity can. That is reputational harm.

Facts really matter. As always.

 

[davew128]

So *sniffle sniffle* you feel its ok to be a gross homophobe but don't like being treated like crap yourself? You're a sad pathetic individual and I hope whoever is calling you such names continues to do so with impunity. You certainly deserve it

I find the situation amusingly ironic...

Yes. I agree. Insulting someone for beliefs you disagree with is fairly hypocritical.

 

[quincy]

... Caldwell did admit he lied ...

Yes, both Andrew Caldwell and Catalyst Next are correcting and retracting the statements made about Kordell Stewart.

Although retractions do not undo the reputational injury or stop a defamation lawsuit from proceeding, retractions do work to mitigate any damages that might be awarded. With the retractions, Kordell Stewart could still be awarded actual damages but no punitive damages will be awarded - this if the matter is not settled (which I imagine it will be).

 

[davew128]

I honestly do not see why a persons sexuality matters. Homecoming Queen, Quarterback or CEO? Who cares?

At this point in society it probably shouldn't. It generally doesn't to me, but I can tell you that calling me gay would be considered a very personal insult to me nonetheless.

 

[quincy]

At this point in society it probably shouldn't. It generally doesn't to me, but I can tell you that calling me gay would be considered a very personal insult to me nonetheless.

I find that a bit sad. Not as sad as someone who feels the need to toss around words with the intent to insult another person, though.

 

[Proserpina]

Yes, both Andrew Caldwell and Catalyst Next are correcting and retracting the statements made about Kordell Stewart.

Although retractions do not undo the reputational injury or stop a defamation lawsuit from proceeding, retractions do work to mitigate any damages that might be awarded. With the retractions, Kordell Stewart could still be awarded actual damages but no punitive damages will be awarded - this if the matter is not settled (which I imagine it will be).

I do however think I'm legally safe in saying that he wasn't one of the Steelers' better QBs ...

 

[quincy]

I do however think I'm legally safe in saying that he wasn't one of the Steelers' better QBs ...

Although I remain a devoted Detroit Lions fan, I think it is legally safe for me to say that the Lions organization doesn't even recognize better quarterbacks, except when they are on the opposite side of the field.

 

[davew128]

I find that a bit sad. Not as sad as someone who feels the need to toss around words with the intent to insult another person, though.

You likely come from a different era. In mine, it insults ones masculinity and sexuality.

 

[quincy]

You likely come from a different era. In mine, it insults ones masculinity and sexuality.

I know some people find being called "gay" an insult, and I don't think it is necessarily limited to one era. I understand how being called gay can, in some communities, affect a reputation to the point that a defamation claim can be supported.

But there are many words, slurs and insults that no longer have the defamatory impact that they once did. The word gay has not yet reached that point and, although I am not entirely surprised by this, I think it is too bad we have not progressed that far.

 

[I'mTheFather]

What is the name of your state (only U.S. law)? Arizona

On another site that I visit, I posted a photo of myself wearing a pink shirt, hoodie, and baseball cap in a thread about how different clothing companies come up with names for different colors (the shade of pink for the shirt is Fairy Tale by IZOD). Unfortunately, some user is now saying that I am gay, even though I am not. In fact, I am opposed to same-sex marriage.

It seems like blatant defamation to call someone gay just because they wear a lot of pink. In truth, gay men do not wear pink any more often than straight men, and many gay men actually hate the color pink due to the stereotype.

I was wondering, what is the way to deal with this user? Should I notify the site's owners, or should I just ignore that user?

Perhaps a Constitutional amendment would work.

 

[Proserpina]

Perhaps a Constitutional amendment would work.

I had to backspace exactly 2011124377222 times.

M would ban me.