gayness per se

violations of heterosexual law

For a valid gayness per se claim, the plaintiff must show:

1) the potentially gay actor committed a homosexual act,
2) the act is one that is commonly associated with gayness, and
3) the act involves another man

Footnote: intent is irrelevant under gayness per se analysis; therefore, unintentional or accidental acts of gayness will rise to the level of full-blown gay under gayness per se

Jeffrey, under the false assumption that gayness must be intended, did not think he was gay after accidentally bumping into a naked old man in the locker room. Jeffrey is guilty of gayness per se.

Mari thought that Shawn was a man, but in reality Shawn was a grotesque and hideous looking woman in disguise. Mari is guilty of gayness per se.

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