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Compiled by GayToday
The candidate's literature stated that the Triangle Foundation "proclaimed" its support of "sex between grown men and boys." At the time of the lawsuit, Jeffrey Montgomery (Trijeffm@aol.com), Executive Director of the Triangle Foundation, explained why the Michigan advocacy organization was taking an unprecedented and historic step: suing a politician who'd made statements that are, in fact, commonplace among right-wing extemists. "Lies and intentional misinformation about gays and lesbians must be challenged whenever they are published," Montgomery said. "It is especially important to hold public officials accountable when they engage in the intentional distortion of facts and truth. They need to be held to a higher standard of integrity and responsibility." This was the first-known libel suit if its kind in the United States, especially since it took issue with one of the most widely used denigrating stereotypes about gays. Last September, a Wayne County Circuit Court Judge ruled that Whyman's literature was "defamatory per se" and that she had "actual knowledge" that her statements were not true. That meant that they could not be interpreted in a non-malicious sense. Whyman had previously been found guilty by a Wayne County mediation panel in the same action. "Wayne County Circuit Judge Susan Borman is the fourth individual to conclude that lame-duck Whyman lied in her campaign literature. Three mediators earlier awarded the Triangle Foundation more than $15,000 in damages when they agreed that Whyman's accusation was false and malicious," said Rudy Serra, Triangle Board Member and attorney for the plaintiffs. Whyman declined the mediation judgment and the case went forward before Judge Borman. "That was an historic victory for gay, lesbian, bisexual and transgender people everywhere", said Montgomery, "Never before has a GLBT organization successfully sued an elected official for defamation. This should send a clear message to public officials everywhere that making and publishing such defamatory statements about our movement's organizations will be challenged and that they will be held personally responsible for their intentional lies about us."
Finally, bringing this episode close to a conclusion, last week the Triangle
Foundation agreed to accept an undisclosed amount of money from Representative
Whyman in order to settle the suit
Serra, the Foundation's attorney, said that Triangle agreed to the settlement without going to a jury. "Jury trials are always expensive, and the results are often unpredictable. The defendant is no longer a State Representative (after January 1, 1999) and she has until April to pay the settlement in full." Triangle's Montgomery said "the successful law suit sends a clear message to extremist anti-gay groups and individuals. You have a right to believe whatever you to choose to believe, but when you publish claims of fact, you'd better get your facts right. "The gay/lesbian/bisexual/transgender community will not ignore slander, falsehood, bigotry and violence. We will confront and oppose it. The majority of Americans (including the majority of judges) oppose violence, discrimination and lying about others." Related Stories from the GayToday Archive: Court Rules Politician Guilty of Anti-Gay Defamation Related Sites: Triangle Foundation GayToday does not endorse related sites. |
