Miss California Could Sue for Discrimination, Legal Analyst Says (FauxNews)

[jefferson_dem]

The level of irony here is beyond belief, even for a whorish source like FauxNews.

Miss California Could Sue for Discrimination, Legal Analyst Says
Tuesday, April 21, 2009

Miss California Carrie Prejean, blasted by a Miss USA contest judge because she opposes gay marriage, may have grounds for a discrimination lawsuit herself — against the Miss USA pageant, a legal analyst says.

"If she really feels some tremendous stress as a result of losing — and I'm certain she's probably devastated from what happened to her — she can articulate a viable claim for monetary compensation for psychic injury," said FOX News legal analyst Mercedes Colwin.

Prejean fielded a question during Sunday night's pageant from celebrity blogger Perez Hilton about whether every state should legalize same-sex marriage. Prejean replied that she is opposed to gay marriage, and her answer may have cost her the crown. She finished second to Miss North Carolina Kristen Dalton.

"She lost it because of that question," Hilton said Monday. "She was definitely the front-runner before that."

Hilton, who is gay, said he gave Prejean a zero for her answer, and that may have made the difference in the outcome.

<SNIP>

"It's her religious beliefs which prompted her to say 'I don't believe in same-sex marriages.' So she was espousing her beliefs," and could sue for a violation of Title VII, which forbids discrimination on the basis of religion.

Prejean couldn't sue for the crown itself because the pageant is a straightforward contest and she has no proprietary "right" to win, said Colwin. But if she could prove how devastated she was by the loss, she could still stand to gain.

<SNIP>

http://www.foxnews.com/story/0,2933,517362,00.html

[and-justice-for-all]

1. Bigots do not deserve any rewards...nt

[muntrv]

2. Memo to fox snooze: Miss USA title is not a birthright.

[PassingFair]

40. Last time I checked, Miss USA is NOT federally funded, either.

Tell her to take it up with Trump!

[Cha]

3. Oh, I hope the anita bryantesque..

miss California does.. It's bullshit what she said about being a Christian is why she doesn't believe in Gay Marriage..my sister is Christian and has no problem with it as I'm sure many other Christians don't. It's her bigotry that sucks.

I'm betting Miss North Carolina is the better choice.

[jefferson_dem]

7. Miss CA has a right to sue for damages, claiming discrimination because...

she might have been penalized for making discriminatory remarks.

Priceless :wtf:

[Hellataz]

51. Pathetic, but not surprising, she keeps embarrassing our state.

She gave the most inarticulate answer since Bush was at a podeum. Used terms like 'Opposite marriage" :wtf: and proved she knew nothing on the topic by answering that everyone in our country had the choice to get married, when they don't especially in her own state. She lost because she was an idiot, her being a bigot is just the unfortunate side effect.

[Thrill]

4. The conservatives think its only fair to sue, when its convenient for them

[Political Tiger]

11. They're only "frivolous lawsuits" when liberals sue. n/t

[ErinBerin84]

5. perez hilton

said that it wasn't that she didn't support gay marriage, it was the rhetoric she used and her incoherent answer. I mean, can someone read the transcript and think in any universe it was a good answer? Not sure that perez going on tv and saying the thing about the b word or c word was warranted, but puh-lease.

[Cha]

8. There ya go! Can't have a Miss USA

who can't get past the gibberish.

[MichaelHarris]

6. hahahahaah hhohohohhoh hahah hold on a sec

hahahahahahaa hohohohohoh hahahahah LOL. Fox News, hahahahaha hohohohohohohohoh damn hahahahahahahaha

[WeDidIt]

Susan Boyle Could HAve a Similar Suit

Just because she's British and in her 40's is no reason to discriminate against her for Miss USA.

[Patsy Stone]

9. Oh, please, please sue.

:rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl:

[Political Tiger]

10. This is a good example of why people should not believe these so-called "experts"

that pop up on all the cable news programs every time some controversy arises. Most of them are full of shit!

[spin]

12. Since I didn't watch the program...

was each contestant asked the same question?

[ErinBerin84]

14. I didn't watch either

but from the clips they showed on CNN/MSNBC, no. Other questions included questions on the bank bailout, whether we should send aide to Afghanistan when the US is in a recession, etc.

[spin]

39. Doesn't look like many softball questions. (n/t)

[rocktivity]

43. No, they were not

But the problem is her answer made her sound more like a idiot than a homophobe--THAT'S why she lost!

:headbang:
rocktivity

[BlooInBloo]

13. DO IT!!!! PLEEEEAASSSSEEEE!!!!!

[Medusa]

15. Fox just needs to hire her

she's everything they love in a female anchor: young, blonde, and stupid.

FWIW, per Perez Hilton, the winner of both the evening gown and swimsuit competition was Miss NC, who won the title so I love the right-wing spinning that somehow something was "stolen" from Miss California. :eyes:

[NYC Liberal]

16. "I think marriage is between two people of the same race. It's how I was raised"

Could she sue then if she lost?

Why is same-sex marriage just another "political issue" to be "debated"? We don't consider interracial marriage to be up for "debate" -- and if someone goes around saying they "believe" marriage is between two people of the same race, few people would get on TV and talk about how we can't criticize their beliefs.

Why should we engage the argument on their terms??? The terms that the BIGOTS set?

What a bunch of bullshit.

[Dappleganger]

42. She was raised by wolves?

[galaxy21]

52. So, would you vote for a candidate who didn't support interracial marriage?

You brought up the interracial marriage comparision, and I assume you voted for Obama, so, is that what you're saying?


Okay. One more time:

OBAMA FEELS THE EXACT SAME WAY SHE DOES ABOUT GAY MARRIAGE!!!


Does that make her right? No. But it does mean people on here are looking pretty damn hypocritical.

[Bluenorthwest]

57. So, does Obama agree about same sex marriage,

opposite marriage, or both? Please clarify.
It was not her opinion, but her stupidity that sunk her. Do you feel Obama is the exact kind of stupid she is? I do not.
And just come to grips with the fact that many people voted for 'not McCain' and any Democrat would have gotten those votes in 08. He got support in spite of his anti-equality positions. So voting for a Democrat is not the same as approving of that Democrat's personal prejudices. Voting for any Democrat is also not really the same as voting for the person in that position. I voted for Party D, not the religionist spewings of the nominee.

[galaxy21]

58. "So voting for a Democrat is not the same as approving of that Democrat's personal prejudices."

Maybe not. But people have to keep in mind, when they call this woman bigoted, that they're showing some pretty astounding hyprocrisy themselves. And to the average person it looks hypocritical. Many of the blog comments I've read have had the gist of "But Obama feels the same way she does and they don't say anything to him."

"It was not her opinion, but her stupidity that sunk her."

The beginning of her response was all over the place, to be sure. But towards the end she used the exact same words Obama does "I believe marriage is between a man and a woman" The exact same words.

Also, if she'd have given an incoherent answer, only in support of gay marriage, no way would there be threads complaining about her. Have people attacked her stupidity? Sure. But she's also been called a "hateful bigot" and "pro apartheid."


"Voting for any Democrat is also not really the same as voting for the person in that position. I voted for Party D, not the religionist spewings of the nominee."

No way did so many people vote for Obama because they felt forced to and he was the lesser of two evils (that's how many republicans felt about McCain, but democrats were way more enthusiastic about Obama). People on here happily voted for him. You cannot say "we were forced to vote for him, so it's okay to ignore his views on marriage and attack this woman". It is a double standard.

[NYC Liberal]

62. And why do we lionize men who owned other people as property?

Look at the founding fathers. The *owned human beings.* Washington, Jefferson, the lot of them. And yet we praise them, we talk about their achievements when, today, someone who trafficked in slaves would be in prison, probably for life.

Why do we praise them? Because they accomplished things, and we can appreciate and respect those accomplishments without thinking one way or another of what they did or thought personally. I voted for Obama because of his accomplishments and what I felt he would do for this country. As a leader, his accomplishments are ones to respect and to praise. What he has done thus far and what he plans to do - they are great things that hopefully can be accomplished.

That notwithstanding, yes, his views are bigoted. Period. Just as hers are. The difference between her and Barack Obama is that Obama has accomplished much. He's done many many things and those things, I support. Those things are the reasons why I voted for him. I never commented on her other views. I never claimed that she was some sort of total failure as a person, as a human being. She, too, may have done many other things - big or small - that deserve praise. That's fine - and if she has, then I will applaud those things that she has gotten right, those things that she has done, and those views that she holds which are not bigoted but worthy of praise.

I sincerely hope she changes her mind - and sees that her views here are bigoted. Just as I hope that Obama does the same. No person is perfect, and if we judged people by the worst of their deeds, or the worst of their thoughts, we'd have no one to look up to. What matters is whether or not people learn, and grow .. something I hope that both her and Obama do.

[burning rain]

61. The question you answered in your subject line wasn't posed....

and there's a reason for that. The issue of interracial marriage is long settled, at least in polite society. Not so gay marriage. This doesn't lessen the harm done to gays who can't marry, nor does it make the bigotry they face any less nasty. But in cases where something's a currently disputed issue, I think it's best to have a vigorous debate, call things -- including bigotry and oppression -- by their right names, but not put everyone on the other side in fear of opening their mouths for fear of economic retribution. That would put the spirit, if not the letter, of the First Amendment at risk. Besides, it encourages lying, furtiveness, and subterfuge.

[grantcart]

17. is there a bigger example of "stuck on stupid" on TV?

BTW she never answered the question.

[jbnow]

18. They left out what came after judge saying she was front-runner

I thought he said if not the front runner in the top two...but he at least added in the top two.

The judge was also a bit of an ass. In interview I saw he took back his apology for calling her the b word and how he really wanted to call her the C word but held back.

She deserved a low score on that answer, not because of her opinion but because it was so clumsy and strange, she is no spokeswoman. She said luckily in this country people can have same sex marriage or opposite marriage. Besides how funny opposite marriage is well hello, no they can't do that in this country.

Then she said...what "In my country, in my family (and then said marriage is man and woman)". What is her country?

There were more errors too and that really is what should give her a low score. The judge said her opinion meant she wasn't representing all people but that could also be said if she supported same sex marriage since there are so many fundies.
I wish the judge hadn't been so clear it was her opinion he scored her down for rather than her not being able to speak clearly.

[yardwork]

21. Perez Hilton is, indeed, a bit of an ass. Those two deserve each other.

[joeglow3]

47. She deserved a low score, but a ZERO????

That smacks of a bias.

Note: I don't follow this, but am assuming it is on a 10 point scale. I would have given her a 4. A zero seems a bit like he voted with an agenda.

[jbnow]

60. Well that judge scored her on her opinion. I didn't hear him

say he gave her a zero but the article says it so it's probably true.
Don't know the scale either but if it is 1-10 and 10 is exceptional and 5 is average I'd likely give her a 2 because it was well below average
I know people get nervous but how well you speak to the public is a big part of the role. Opinion aside her words made no sense in a lot of it.

[depakid]

65. I'd say that answer deserved a zero for incoherence

and that's how I'd have marked it. A 4 for that "have it both ways" platitude is grade inflation at its worst.

[Lyric]

19. Would that be one of those "frivolous lawsuits" we hear about all the time?

I'm sure the lack of a Miss USA crown is less painful than second-degree burns from a cup of overheated coffee, but hey, The Rules never seem to apply to right-wingers.

Let her be Stormfront's Miss Bigot USA.

[ladywnch]

20. you enter a popularity contest with completely subjective judging

and you're gonna whine when you lose? oh please! EVERYTHING about this thing is subjective and Hilton has the right to give whatever score he feels like giving....they all do. If he feels she didn't give a good answer (there is no criteria for what a "right" answer is) he can score her low. There is no difference between this and scoring figure skating, gymnastics, cheeleading, etc....it is ALL subjective by the judges. This is no different.

And if you can sue for being 'devastated' by the loss then EVERY contestant can sue and put an end to the entire pagent business...........sounds good to me! LET HER SUE!!!!

SUE!!SUE!!SUE!!SUE!!! (chant it with me now) SUE!!SUE!!SUE!!SUE!!SUE!!!

[Binka]

23. But But But Her Triple Sow Cow Was PERFECT!

Oops I forgot, she landed on her face.

BTW, I know it is spelled salchow, but for this bigot and kerfuffle headed fuckwittage, the other spelling is apt.

[jenmito]

22. In HER country you can choose between gay marriage and "opposite marriage"...

"opposite" obviously meaning members of the opposite sex. I was surprised that both Willie Geist (Morning Joe & judge of the contest) and Kent Jones (Rachel Maddow's friend) thought "opposite marriage" meant gay marriage to her.

[Zen Democrat]

24. I'm insulted that this is even a topic of conversation. Trump's Miss USA contest? I'm gagging. n/t

[Catshrink]

25. O'Really has another persecuted Christian story to run with for a while.

You know, like the War on Christmas.

[KathieG]

26. Oh for crissake.

:wtf:

[santamargarita]

27. I didn't know being a stupid bigot was cause for legal action

:argh:

[MadMaddie]

28. Well if she goes through with it the Repugs will have ruined

another American thing.

Funny the Repugs didn't come out and defend Vanessa Williams when she lost her crown.

Apparantly Repugs should not be held responsible for the things they say. She knew exactly what type of contest this was and she chose to be a nasty selfish woman. She is not the American ideal of Miss USA.

[MadMaddie]

29. Dupe

[Hieronymus]

30. I saw that coming.

[cherish44]

31. She came off as an airhead regardless of her opinion

"Well it's great that in America people can choose...blah, blah, blah, but my MY country marriage is between a man and a woman..." (paraphrasing)

WTF?

[jenmito]

33. Here's her exact quote:

"Well, I think it's great that Americans are able to choose one or the other. We live in a land where you can choose same-sex marriage or opposite marriage. And you know what, in my country, in my family, I think that I believe that a marriage should be between a man and a woman. No offense to anybody out there, but that's how I was raised and that's how I think it should be between a man and a woman. Thank you very much."

I was going to bold the stupid parts, but the whole thing was stupid! "Same-sex marriage or 'opposite marriage'"? :rofl:

[spooky3]

49. notice that she didn't mention religion at all as her reason?

A lawsuit would be tossed out with a laugh.

[cherish44]

32. The Miss USA people told me I can't enter because I'm 42, divorced and have stretch marks

I'm suing, it's discrimiation. Donald Trump, get yer checkbook out motherfucker!

[noamnety]

53. Yep, they discriminate against women based on body shape,

marital status, looks, age, etc. The entire pageant is structured for the purpose of discrimination.

Can you imagine one of their contestants suing because they would have won if it weren't for the beauty part of it?

[mtnester]

56. I will go with you, we will make it a class action suit

better chance of winning :)

[alcibiades_mystery]

34. Latest culture war nonsense...ignore it

[elshiva]

35. Religious Discrimination my ass! What is Miss North Carolina's religion?

I know plenty of Christians who are GAY, for goodness sakes! Miss California showed her lack of social graces when she made these homophobic comments.

[Sebastian Doyle]

50. Apparently she's a member of the Westboro Baptist Church

Well not really. But Fred probably wouldn't turn her down if she wanted to join.

[Starry Messenger]

36. Interesting quote from the story:

""Out of all the topics I studied up on, I dreaded that one: I prayed I would not be asked about gay marriage. If I had any other question, I know I would have won," she told FOXNews.com."

Well, if you are Miss California it might be good to expect that you should have an answer ready for current events involving your state. I'm so glad she didn't win. Just what we all need, another Anita Bryant.

[ruggerson]

37. So does this mean all gay people can sue Fox News?

For fifteen years of lies and harrassment?

[JayMusgrove]

44. I would vote yes on that one!!!!!!!!! n/t

[jberryhill]

38. Well... it's not as if she was tortured... so, sure... /nt

[Dappleganger]

41. I want to sue the beauty pageant...

they wasted my fucking time today on my favorite forum. Screw them, screw PH, screw Clairol and screw their plastic surgeons!

[bullwinkle428]

45. This "legal analyst" probably got her law degree from the same Crackerjack box

as Monica Goodling!

[onenote]

48. actually she is a graduate of Brooklyn Law School

BLS is a decent law school, typically ranked in the lower half of the top 100 law schools in the country.

That doesn't mean she's right. I think she's wrong, in fact.

[NC_Nurse]

46. Why sue? She'll soon be a Fox spokemodel/anchor or the head of some Repub

PAC. She's perfect for that shit. Nice house with nobody home.

[ecstatic]

66. bingo! nt

[aceofspades]

54. A new nationwide SurveyUsa poll on Miss California was just released

http://www.pollster.com/blogs/us_samesex_marriage_surveyusa4.php

[leftynyc]

55. I'm sure the other 48 women

were also upset at losing. Maybe they should sue also. That lawyer ought to have her license yanked - what a stupid comment.

[Phx_Dem]

59. That is the biggest load of horseshit I have ever heard.

Leave to Fox to print it. These ridiculous beauty pagent contestants are judged on their looks, which certainly could be viewed as discrimination by all of those who didn't win. "I was discriminated against because I'm not as pretty as her." :cry: Uh, yeah. That's what beauty pagents are all about dumbass.

They are also judged on their always lame answers to even stupider questions which are often political. That's the nature of these foolish pageants that these absurd woman enroll themselves in. Good fucking luck with the claims of discrimination!

"I didn't win because they didn't like my answer!!" If they weren't going to judge all of you on your answers, why do you suppose they asked questions to begin, genuis?

:rofl::rofl::rofl::rofl:

[fujiyama]

63. This kind of stupidity really makes my head hurt

What kind of legal "expert" is this? Is it this guy?


No, this woman lost because the judges didn't like her. No one is entitled to win a stupid competition in which you prance around in a bikini and then spout garbage about "opposite sex marriages". Maybe the judges wanted someone that maybe isn't...a fucking bigot!

[backscatter712]

64. What, are bigots a protected class?

:eyes: