|1.||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.