A Boston judge recently ruled that calling someone a homosexual when he is not does not violate slander or libel laws.
In her ruling she stated:
“In fact, 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.”
That’s nuts.
In the interest of furthering the homosexual agenda the judge has relied upon an idiotic theory of jurisprudence that would place judges in the position of philosophers. For her argument to work one would have to assume that judges should decide whether saying something about a person is objectively good or bad. This is not the job of a judge. In a slander or libel case it does not matter what the objective status of an accusation is as long as it is false and would hurt the person it is made against.
Suppose I live in a community that believes being a Martian is a bad thing. Someone then accuses me of being a Martian, when I am not. People in the community then begin to react negatively toward me, refuse me service, deny me jobs, reject doing business with my firm, etc., all because I have been falsely accused of being a Martian. In such circumstances, I should be able to sue the person who falsely accused me of being a Martian in order to get compensation for the harm that the false accusation has done to me and my reputation. It does not matter whether being a Martian is a good, neutral, or bad. The point is that someone falsely accused me of something that has negative effects on me and my reputation due to the way people react to it.
The fact is that in our society people frequently react negatively to calling someone a homosexual. Whether one approves of that or not, it happens, and judges should not prevent people from seeking legal redress of the wrong when they are falsely accused of being homosexual.
This idiot judge’s ruling would put judges in the position of adjudicating cases not based on whether a person suffers due to the making of a false charge but on whether the false charge refers to a thing that is objectively bad.
I’m sorry, but determining the objective moral status of something is a job for philosophers and theologians, not Massachusetts judges, regardless of the divine prerogatives they seem to believe they possess.