June 3, 2011

A big part of the gay agenda for decades

Or, the continuing legal education of Kevin Binversie
[A] big part of the gay agenda for decades has been to repudiate what are regarded as overly restrictive expectations of monogamy and sexual fidelity . . . the rise of multi-partner relationships as a way of life has been a major force in the decline of marriage. — Prof. Amy Wax, Federalist Society
That's interesting, Prof. Amy Wax. Unchastity, you say?
[B]ecause certain people view homosexuality as particularly reprehensible and immoral conduct, several New York courts have concluded that imputations of homosexuality are slanderous per se. [This] Court recognizes that many in our society no longer hold such beliefs, and that gay and lesbian persons have achieved many civil rights that were once denied them due to their status. However, homophobia is sufficiently widespread and deeply held that an imputation of homosexuality—at least when directed to a man married to a woman—be deemed every bit as offensive as imputing unchastity to a woman. I therefore agree with those New York courts who have added "imputations of homosexuality" to the list of these types of statements that are per se slanderous. Gallo v. Alitalia-Linee Aeree Italiane-Societa, 585 F.Supp. 2d 520, 549 (S.D.N.Y. 2008) (citations omitted).
Huh.

I wonder what a Wisconsin court, among which have indeed affirmed that "imputing unchastity to a woman" is per se defamation, would say.

13 comments:

John Foust said...

Well, Binversie appears to have stopped answering pointed comments at his post, and he's worked hard to post new stories to push it off the front page.

ΕΡΜΕΣ said...

will the Slutwalk participants be charged with their own defamation?

illusory tenant said...

Aren't they Canadians? Hell, they can throw you in leg irons for reading the Bible out loud up there (Mark Steyn told me so).

John Foust said...

Heaven knows, ΕΡΜΕΣ, it's not illegal to do it to yourself.

illusory tenant said...

ESPN got away with calling Evel Knievel "a pimp."

Anonymous said...

Maybe ESPN wanted to say that Evel Knievel's ride was pimped.

Anonymous said...

So, if this did go to trial it shouldn't be perceived as an admission that gay is not cool. Right? ;-)

http://fairlyconservative.com/2011/05/31/blog-wars-the-cheddarsphere-edition/#comment-26543

illusory tenant said...

Yep, ESPN meant to call him a pimp alright, but the ESPN editor who wrote the photo's caption meant it as a compliment, and the 9th Circuit Court of Appeals ultimately agreed with ESPN. And Kilkenny doesn't know what the hell she's talking about.

Anonymous said...

"And Kilkenny doesn't know what the hell she's talking about."

I concur.

illusory tenant said...

According to Kilkenny, Theodore Olson, one of the most effective and successful advocates in the country, "is not an attorney either" because he doesn't have a current State Bar of Wisconsin card in his wallet. And Kilkenny's own freakin screen shot of the State Bar webpage says "Atty." right before my name. It's difficult to imagine a greater degree of idiocy. No wonder someone's already sued her for defamation.

John Foust said...

Latest Binversie explanation: "Me got stupid.". And he didn't inhale.

Cindy's been excited lately because she says WPR will be putting her on the air soon. Can't wait.

Anonymous said...

Also, 'touts' doesn't mean 'says'. Therefore, 'touts' must mean 'other people have said'.

Dumb as a box of hair.

illusory tenant said...

"Me got stupid."

Twitter: "Sorry, you are not authorized to see this status."