Page 1 / 2 - Home

While Maher stopped short of actually outing Mehlman as a closeted gay man, it wasn't much short. And he was right; this particular rumor has been circulating for years. Air America's Randi Rhodes stated bluntly that Mehlman is gay on her radio show in 2004, apparently without legal repercussions.

Still, the issue of outing closeted people is a contentious one, even when it comes to national political figures leading a party noted for its anti-gay agenda. The New York Times actually managed to cover the story without mentioning Mehlman's name at all.

Aravosis pointed out that CNN has a “beep button,” and could have used it to censor Maher's remarks before they aired the first time. He found the fact they did not do that to be interesting, although he had no theory about why they didn't. When the New York Times asked CNN about this, their spokesperson said: “When someone says something potentially defamatory that we don't expect them to say live on the air, we typically won't be liable for it. However, if we continue to rebroadcast it, without any reporting of our own or any comment from the subject of the accusation, we could be legally responsible for what that guest said.” The Times called this “a cautious interpretation of the law.”

Aravosis sees the real issue as being whether or not Maher's statement consisted of slander or defamation. “Slander is an issue I can understand more [than copyright infringement],” he said, and then pointed out that to win such a case, Mehlman would have to prove that was Maher said was untrue, done with malice and had harmed him in his daily life.

“I'd really like to see that court case,” Aravosis said, laughing. “That would be fascinating. First, Mehlman would have to swear, under oath, that he's heterosexual. That would be funny. He's avoided that question until now. Then, he'd have to show that it would be harmful. He'd have to show that the Republican Party is so homophobic that being gay would be a career ender. Under oath. The head of the Republican National Committee.” (Mehlman recently announced that he will step down from his position as RNC chairman in January 2007 when his term ends.)

Like many gay and lesbian journalists, Aravosis has mixed feelings about outing those who are closeted. He is against it in the case of actors and celebrities, but considers the situation to be different when it involves those who exercise political power.

On one hand, Aravosis said, there are “famous but anti-gay” public figures such as Pentagon spokesman Pete Williams, who was outed in 1991 by Mike Signorile during the first Gulf War. “I guess my standard [for public figures] is: Are they evil, or just hypocrites?” Aravosis explained. “In other words, are they actually doing harm? It's a grey area for me if they're not evil and if they're not powerful. A junior Republican staffer who's gay? Bad. But worthy of outing? No.”

Mehlman avoided answering questions about his sexual orientation for years, once telling an Akron reporter who asked him if he was gay that it was “a question people shouldn't have to answer.” After the White House Correspondents Dinner last May, however, Mehlman did tell the press: “I'm not gay. But those stories did a number on my dating life for six months.”

“How many times do public figures come out as straight?” asked Aravosis, laughing again. “But Ken did. Now we know.”

Bill Maher did not respond to a request for comment on this story.

Page 1 / 2 - Home