Anti-Gay

By Charlie in the Trees
Outsports.com

There is a perfectly legitimate reason for a baseball player such as Todd Jones to say that he does not want to share a locker room with a gay teammate. There really is. 

That is: if he is so concerned about his own self-control, that the sight of gay ballplayer, naked in the same shower room, causes Todd to lose all self-control, drop to his knees and worship that Louisville Slugger dangling between a gay teammate’s legs. Forcing his to commit the sin of adultery. Violating his marriage vows. Perhaps destroying his marriage due to his indiscretion. 

If that’s the reason, if that’s the basis for fear, I can understand Todd Jones desperate plea not to be placed in the same shower as a naked, muscular, gay Colorado Rockie. I would not want to see Todd Jones reduced to acting like Dennis Quaid’s character in Todd Haynes’ “Far From Heaven,” who feels “despicable” about his “problem.” But if there is any other reason for Jones to spout his mouth off that he “wouldn't want a gay guy being around” him, well, that’s enough for a diagnosis of terminal stupidity and ignorance. 

But is it enough to punish him? 

I say no. 

First of all, there is the whole “free speech” aspect. I understand that the First Amendment does not apply to private entities such as Major League Baseball and the Colorado Rockies. Unlike the U.S. or state government, either would be free to punish what otherwise would be pure, protected first amendment activity. Regardless, people should be free to speak their minds, so we know what they’re thinking. 

But in the modern American workplace, employees are not allowed to freely speak their minds under the law. A lecher is not allowed to keep asking a female for a date, or comment on her anatomy. A racist is not allowed to use the N-word. If an employer were to tolerate such behavior from its employees – and not take any action because of the whole “free speech” thing – then the employer can be legally liable. Since there is not a First Amendment issue, the standard for determining whether Jones should be punished is whether his comments are legally actionable as “harassment.” 

The fact that someone takes offense is not enough to legally be defined as “harassment.” If that were the case, no one could say anything to anyone ever. Heck, if the theoretical gay Rockie were to come out, clearly Todd Jones would find that to be offensive speech. But just as obviously, he would have no legal claim for harassment. 

If Todd Jones – or some future Todd Jones – were to single out a particular gay teammate and to talk about how that individual is somehow disqualified from a major league career because of his choice of sleeping partners, then I think you have a legally actionable claim for harassment against the employer. And a legal claim against the employer is a legitimate reason for punishing the employee who is acting improperly, even if the misconduct is limited to saying stupid stuff. 

I think Jim and Cyd’s parallel to Al Campanis is misplaced. Campanis was the Dodgers’ General Manager. He was a decision maker with authority to hire and fire. He spoke for the Dodgers. Jones speaks only for himself. (Let’s hope.) 

Get everything in the open so we can tell our friends from our enemies. And fining or suspending Todd Jones is not going to suddenly make him best buds with the first Rock to come out. The locker room will still be a battle zone for the gay Jackie Robinson equivalent. 

I don’t think Todd Jones’s attack of oral diarrhea is going to slow down by one hour the coming of our first coming out. Gay ballplayers already know that some guys think like Todd Jones. Let’s get it on the record who thinks like Todd Jones or Jeremy Shockey, and who thinks like Mark Grace and Mike Timlin. There might even be more in the latter camp than the prospective firsts realize. 

I do hope that Todd Jones is “punished” for his idiocy. Just not in a formal way. I hope that someday, some openly gay ballplayer takes pitcher Todd Jones deep in the ninth inning with a game-winning walk-off home run. Then let Jones explain how he was beaten by some “fag” – who that day was the better man – then let him figure out how that does not do damage to his masculinity. That’s the punishment I dream about.

May 5, 2003