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Lawrence Meets Libel: Squaring Constitutional Norms with Sexual-Orientation Defamation

Introduction

Yonaty v. Mincolla¹ may have been the most anachronistic judicial ruling of 2011. In Yonaty, a New York trial court held that false imputations of homosexuality still constituted per se defamation² under New York law.³ The ruling came only a few days before the New York Times reported …