As Society has evolved and generally accepted gay, US Courts are more often ruling that calling someone "gay" is not slanderous speech. Recent Court decisions in Boston and New York as well as other districts have determined that the term "gay" no longer is a social stigma and therefore use of it against another person does not show an intent to slander. Some gay activists regard this as an improvement in social acceptance.
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The Associated Press: Some courts are ruling 'gay' is not slanderous