Legal Commentary

In the next couple of days I?ll endeavor to pull my weight without overstaying my welcome. The month certainly has flown by.

I have had the pleasure this term of teaching a great group of students in an International & Comparative IP course. One of them sent me a link today about a lawsuit filed by three citizens of the island of Lesbos against the Greek Homosexual and Lesbian Community (OLKE), a gay-rights group, in a Greek court. The plaintiffs?one male and two females?assert that the group has no right to the term ?lesbian? and that the group?s use of the name is an ?insult? to the identity of the island?s inhabitants, who often refer to themselves as Lesbians. OLKE is the only gay-rights group registered with the Greek government that uses the term ?lesbian? in its title.

Essentially, the plaintiffs? argument is twofold: one, that the island was there first, which gives its inhabitants the right to use the name free and clear of any impingement from use by gay women; and two, that if the Greek government permits OLKE to use the name, the government will be enforcing the rights of persons (women) who identify with the term as an indication of sexual preference at the expense of persons who identify with the term as an indication of geographical representation. And if the government does that, the plaintiffs seem to be saying, then it will be endorsing an historically incorrect use of the word and, ultimately, discriminating against the domiciles of Lesbos. Of course, this argument presupposes that the term 'lesbian' is pejorative; further, the plaintiffs may be disavowing a significant bit of etymology themselves. Nevertheless, the plaintiffs hope a win will allow them to move forward with prohibiting the use of ?lesbian? internationally as well. I suppose the plaintiffs' issue is more aural than anything, as otherwise this would be just a matter of capitalization. If the plaintiffs succeed, though, let's hope actors in Leicester Square don't follow their lead.