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BOSTON (AP) - Stating that someone is homosexual does not amount to libel or slander, particularly in light of new court decisions granting gays more rights, a federal judge has ruled.
Gertner said other courts' rulings that stating someone is homosexual is defamatory had relied on laws criminalizing same-sex sexual acts that might well be unconstitutional. Previous decisions hadn't taken into account more recent decisions recognizing gays' equal rights, she said.
She pointed to a Supreme Court ruling last year that found a Texas sodomy law unconstitutional, and to the Massachusetts Supreme Judicial Court ruling last year that it would be unconstitutional to prevent gays in the state from marrying.