A New York state appeals court has ruled that incorrectly describing a person as gay is not defamatory or subjecting the target to disgrace in the eyes of the public. In a finding the court ruled against a man who was falsely claimed to be gay by a woman who wanted to break up his marriage. The court found that his defamation claim was "based on a false premise that it is shameful and disgraceful to be described as lesbian, gay or bisexual." The ruling reflects an increasing trend around the legal world that being perceived to be gay or lesbian is not as damaging to a person's character as it was once perceived to be. Tom Cruise With only one exception New Zealand courts have historically ruled that being erroneously described as being gay damages a person's reputation and is therefore defamatory. Gay lawyer Dean Knight says that such rulings "send the message that gays are less desireable members of society" and are incompatible with social and legal trends towards equal citizenship and treatment under the law for gays. Actor Tom Cruise notoriously won a major suit against a UK-based publisher when he was accused of being gay, which he continues to deny. The late American pianist and entertainer Liberace also won a hefty sum by denying he was not gay (he actually was) as claimed. In New Zealand television journalist and HIV education supporter Anita McNaught won a successful defamation case against a magazine which falsely suggested that she was engaged in a lesbian affair with another public figure.
Credit: GayNZ.com Daily News staff
First published: Sunday, 3rd June 2012 - 4:01pm