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FALSELY CLAIMG SOMEONE IS GAY IS NO LONGER FAMATN PER SE, N.Y. URT L

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Falsely accg someone of beg gay is no longer nsired famatn per se, a New York appeals urt led recently.

” Falsely claimg that someone is homosexual had also been lumped .

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"Eric Lh, LGBT Bar Associatn of New YorkIn late December, however, the Supreme Court of the State of New York’s Send Department — one urt below the New York Court of Appeals, the state’s hight urt — overturned that s-old precent when led that a false claim of homosexualy is no longer famatn per se. Mrice, began 2017, when Jean Renald Mrice, a pastor at the Gethsemane Seventh Day Adventist Church Brooklyn, publicly claimed at a church meetg of 300 people that a church elr, Pierre Delor Laguerre, “was a homosexual” and that he “disrpected the church by viewg gay pornography on the church’s puter, ” acrdg to the urt opn.

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Mlla, a 2012 lg by the Supreme Court’s Third Department that found that prev cisns labelg false claims of homosexualy as famatn per se were "nsistent wh current public policy and should no longer be followed.

" That cisn also led that “ nnot be said that current public opn supports a le that would equate statements imputg homosexualy wh accatns of ser crimal nduct or suatns that an dividual has a loathsome disease. Texas, which found that laws crimalizg homosexual nduct were unnstutnal, and the urt’s 2015 cisn Obergefell v. “Based on the foregog, we nclu that the false imputatn of homosexualy do not nstute famatn per se, ” the Send Department wrote s Dec.

When given the opportuny, Lh said they will likely le the same way the Send and Third Departments the Uned Stat, whether false claims of homosexualy are nsired famatory per se is pennt on the state and, often, on the urt. Historilly, many stat nsired false accatns of homosexualy to be famatn per se, bee their state law crimalized homosexual nduct.

EXAMPLE OF PROGRAM MISS - MS. GAY TADLAC 2019-2020...

Defamatn lawsus rultg om false accatns of beg LGBTQ — like the one brought before New York’s Send Department — are ls mon than they once were due to creasg acceptance of lbian, gay, bisexual, transgenr and queer people, acrdg to Brad Sears, executive director of the Williams Instute at UCLA School of Law.

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