Gay Suit By Madonnas Ex-Boyfriend Dismissed

[Lee]

(Boston, Massachusetts) Madonna may have spent years cultivating a gay following but that doesn't extend to former bodyguard and onetime boyfriend James Albright.

Albright had a two-year relationship with Madonna in the early 1990s and was miffed when a photograph of the singer with a gay member of her entourage was published that identified Albright as the man in the picture.

The picture and caption appeared in a book by Andrew Morton, Madonna's British biographer, and then surfaced in People Weekly and News of the World.

In 2002 Albright launched a suit against Morton; Michael O'Mara Books Ltd.; St. Martin's Press; Time Inc.; and Newsgroup Newspapers.

Albright, in his suit claimed that the misidentification was defamatory and seriously damaged his security company's reputation costing him business.

The actual person in the picture with Madonna was Jose Guitierez. He appeared in the television documentary of Madonna's life, "Truth or Dare," and in two of Madonna's worldwide tours.

In his suit Albright claimed that Guitierez "clearly represents his homosexual ideology in what many would refer to as sometimes graphic and offensive detail."

The court documents filed by Albright said that Guitierez often dressed in drag and engaged in acts on stage that "some would find homosexual, sexually graphic, lewd, lascivious, offensive, and possibly illegal."

But, federal judge Nancy Gertner didn't buy Albright's claim that he was defamed or suffered loss of business.

In dismissing the suit Gertner cited two landmark court decisions: the US Supreme Court ruling that overturned sodomy laws and the Massachusetts Supreme Judicial Court ruling that legalized same-sex marriage.

"In 2004, a statement implying that an individual is a homosexual is hardly capable of a defamatory meaning," she wrote in a 23 page decision.

"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," her ruling said.

"Without some specific claim of actual harm, he is doing nothing more than trading in the same kinds of stereotypes that recent case law and good sense disparage," Gertner concluded.

http://www.365gay.com/newscon04/05/0...adonnaSuit.htm

You just have to love that last quote :thumbsup:

Regards,

Lee

[jIgG]

who's that woman lets send her some flowers