Alabama’s first openly gay state legislator, State Rep. Patricia Todd has created a stir this week by declaring that she intends to publicly reveal the adulterous affairs of colleagues who oppose same-sex marriage on the basis of family values. The threat raises the prospect of potential tort liability and some interesting questions of privilege.
The confrontation occurred after a court struck down the state’s ban on same-sex marriage last Friday. Alabama Speaker of the House Mike Hubbard and Attorney General Luther Strange reacted by denouncing the decisions and calling for a stay of the judge’s order. Hubbard called the ruling “outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians” and pledged to “continue defending the Christian conservative values that make Alabama a special place to live.” Strange filed a motion over the weekend seeking a stay of the judge’s ruling.
Todd, D-Birmingham, shot back on Facebook that she was preparing to out adulterous colleagues who argue against the lifting of the ban:
“This (is) a time where you find out who are accepting, loving people. To say I am disappointed in Speaker Hubbard comment’s and Attorney General Strange choice to appeal the decision is an understatement. I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have. I will call our elected officials who want to hide in the closet OUT.”
Todd told the media that her threat is real: “Don’t start throwing bricks at my window when yours is already cracked as well.” I am not sure of what the line will be for Todd in releasing information. It is not clear whether just defending the ban is enough or mentioning family values would be the trigger for an outing.
For his part, Hubbard was conciliatory in response and said “I consider Rep. Todd a friend, and we have always enjoyed a good and cordial relationship, so I am sorry that she is upset about my remarks. We do have a fundamental disagreement on allowing same sex marriages in Alabama, and I will continue to voice my opinion on this important social issue, just as I expect she will continue to voice hers, but we can disagree without being disagreeable.”
If Todd is serious, she had better to take care where she carried through on this threat. There is an absolute legislative privilege afforded to federal and state legislative officials in making defamatory statements while on the floor of the legislatures or in committee sessions. See Tenney v. Brandhove, 341 U.S. 367 (1951). However, outside of that protected forum, including repeating such statements in the media, can be actionable. In those forums, she had better be right. Adultery has been traditionally treated as a per se category of defamation (with some things as imputing a “loathsome” disease). As such, the plaintiffs generally does not have to prove special damages and the statement is viewed as per se damaging. Of course, truth remains the primary defense to defamation.
Anyone experience a constant feeling that we’re circling the drain? As a country and as a species.
Some folks want their cake and eat it too. Too bad, that’s not life. You want to deprive gay people of the right to legally marry their partner, based on Biblical teaching? Then you can expect to have the plank in your eye drawn attention to. Want to be a sinner, a hypocrite, an adulterer, and then dictate to others how they don’t deserve the same rights as you? Nope that won’t fly with most people.
Alabama, a special place to live. Yup
It is always enlightening how bigots are willing to disparage an entire State, and region of the country. The voters elected a lesbian!!
There is never enough headlines for homosexuals. God warned us.
So much for the left’s position that what happens in the bedroom is a private affair between those individuals and none of the politicians’ business. This politician doesn’t apparently see the hypocritical nature of her threat.
Hypocrisy, thy name is Conservative.
Maybe she knows the mistress.
Just the thought of “millions of Alabamians” sends a chill down spine.
I am tired of hypocrites constantly using my name in vain.
“We are in a war for values”? Really? Yet adultery is breaking a commandment and is hypocritical when opposing same sex marriage as being against biblical teachings. She should have irrefutable proof about the adulterous hypocrites and make an epic speech on the floor of the Legislature.
Why is she going on this superfluous cultural Marxist jihad when the courts have seized control of the issue? I guess for the simple joy of whipping the kulaks.
Natalie –
How do you know that Patricia Todd performed “sexual acts in public restrooms”? Were you there? As a technical matter, it is easier for men to perform sexual acts in public restrooms ……. Just ask former Senator Larry Craig about his “wide stance.”
What’s sauce for the goose is sauce for the gander. As long as she has rock solid evidence, calling out the “family values” hypocrites is fair game.
What a despicable person. Proof that tolerance is a one way street these days.
To ask a technical question, if she is a lesbian, how would she have irrefutable proof of a straight man’s marital infidelity?
I think she’s just throwing a plate of pasta at the ceiling to see if any of it sticks.
PC Gay Mafia tactics have worked superbly. It looks like even in Dixie.
I wonder whether there is an extortion/blackmail potential criminal charge here. If so, would the legislative privilege that bars a defamation claim also bar an extortion claim?
So, Now Ones sexual preference is the basis of legislature! It has always been my belief that, your sexual preference is none of my business and yours is yours. Character matters above all else. I guess grown adults are having a hard time getting past their Sexual preference and use it as a tool in their political character! How Sad!
We are in a war for the values of America. This is black mail. She should be removed from serving. Or publish sleazy photos of her sexual acts in public restrooms. Natalie Simpson