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“These appellate division decisions are inconsistent with current public policy and should no longer be followed,” the unanimous decision, written by Justice Thomas Mercure, stated.
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In arriving at its decision, the court erased decades of rulings that treated inaccurate descriptions of sexual orientation as defamation. That husband would now have as little ground for a lawsuit against me as if I had described him as blond, pigeon-toed, happy or merely mediocre at Texas Hold ’Em. Say I chose to live my life as a telenovela and decided to break up my best friend’s wedding by announcing in a rehearsal dinner toast that her husband was gay. Gay has, in the eyes of the court, as it has in the minds of sane people, lost currency as an accusation.
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It is now no longer considered slanderous in the State of New York to falsely call someone gay. Not according to an appellate court in Albany, which last week issued a ruling that in its judicial effect stripped the word “gay” of any derogatory connotation. If the man were, in fact, just Jersey Shore, would the child’s initial conclusion have been an affront? “He was talking about the muscles, the shorts. After all, he and the boy’s fathers didn’t wear any, and they are gay. Stern responded that cologne had nothing to do with sexual orientation. Stern inquired after the response, and his nephew explained that he’d reached his assumption based on a potent whiff of cologne. Stern is gay, and so is his brother, who adopted the boy with his partner and lives down the hall.Ī man got in the elevator, and after he left, the boy proclaimed, “He is so gay.” Mr. Not too long ago, Lee Stern, a music educator, was accompanying his 11-year-old nephew in an elevator in his Chelsea apartment building.