Max Planck Institute for Social Anthropology

Is It an Insult to Call Someone a “Homosexual”? Defamation, Discrimination, and Changing Cultural Attitudes

by Silvia Tellenbach

Question(s) at stake

Whether calling a someone a “homosexual” is an insult.

Outcome of the ruling

Calling someone a “homosexual” is only an insult if it is accompanied by disparaging language.

Country:

Germany

Official citation

Regional Court Tübingen, 24. Small Criminal Division, Judgement of 18 July 2012, 24 Ns (13 Js) 10523/11 (LG Tübingen, 24. Kl. Strafkammer, Urteil vom 18.7.2012, 24 Ns (13 Js) 10523/11)

ECLI:DE:LGTUEBI:2012:0718.24NS13JS10523.11.0A

Topic(s)

Keywords:

Defamation Non-discrimination Rights and freedoms Sexual orientation Hate crimes and hate speech

Tag(s):

Homosexuality

Bibliographic information

Tellenbach, Silvia (2024): Is It an Insult to Call Someone a “Homosexual”? Defamation, Discrimination, and Changing Cultural Attitudes, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI033DE028, https://doi.org/10.48509/CUREDI033DE028.

About the authors

Silvia Tellenbach (Max Planck Institute for the Study of Crime, Security and Law, Freiburg, Germany) ORCID logo

Dr. Dr.h.c. Silvia Tellenbach is the long-time former Head of the Turkey, Iran and Arab States Unit at the Max Planck Institute for Foreign and International Criminal Law (presently: 'Institute for the Study of Crime, Security and Law').

Within the CUREDI project, she is using her expertise in criminal law in Germany to identify court decisions, where cultural and religious diversity issues were involved. In addition to writing templates on such cases, she acts as a reviewer and is a member of the CUREDI Editorial Board.