Originally published in 1999.
Last month, a Michigan jury ordered the producers of the "Jenny Jones Show" to pay $25 million in damages for the 1995 murder of Scott Amedure by Jonathan Schmitz. The civil suit's "wrongful-death" verdict has set off a debate over whether it rendered a deserved punishment or was an extreme over-reaction. In either case, the culprit is said to be homophobia. But whose?
If you need a reminder, during an episode of the Jones show taped on March 6, 1995, the 32-year-old Amedure, who was openly gay, revealed his "secret crush" on his friend, a surprised, 24-year-old (and presumably heterosexual) Schmitz. Three days later, Schmitz bought a shotgun and bullets and killed Amedure at his home in Orion Township, Michigan. Throughout the first criminal trial, Schmitz's defense centered around his public "humiliation" as the provocation for murder -- a variant of the so-called "homosexual panic" defense. Schmitz was nevertheless found guilty, but the verdict was thrown out on a technicality. He's scheduled to be re-tried later this year. In the meantime, Amedure's family brought and won the civil suit against the Jones show.
Back after the 1995 murder, groups such as the Gay & Lesbian Alliance Against Defamation (GLAAD) strenuously condemned Jenny Jones and her show, blaming its alleged sensationalism and circus atmosphere for "using" and debasing gay people -- although the openly gay Amedure seemed quite happy to be "used" as the instigator of the planned surprise. Schmitz, for his part, knew the situation was a unsuspected crush, and the show's producers claim he was told it could be from either sex. Nevertheless, through a supposed chain of dubious causality, the Jones show was accused of creating the "context" for Amedure's subsequent murder by intentionally setting up the killer for embarrassment and shame.
Others, however, objected to blaming Jenny Jones and/or her producers, and even suggested the show was being "inclusive" toward gay people. After all, no one would have objected if the "surprise crush" had been between two opposite-sex heterosexuals, one of whom was unsuspecting. GLAAD itself had frequently denounced what it termed "defamation by exclusion," such as leaving gay couples out of stories on romantic predicaments.
This apparent "damned if they do, and damned if they don't" conundrum was amplified by the civil suit and the resultant verdict against the Jones show. Was the program homophobic, or was the jury that convicted it? Will the verdict make talk show producers think twice about treating gay issues in a "sensationalistic" way, or will it make them think twice about treating gay issues at all? And if the show was a guilty party that instigated the killing, doesn't that make Schmitz "less guilty" of the murder he committed?
That, in any event, is the view of some activists over the $25 million verdict. "Homophobia has been victorious," states a press release from the Triangle Foundation, a gay-rights lobby in Michigan. "The verdict against the �Jenny Jones Show' and its producers is a tragic mistake," says Jeffrey Montgomery, the group's executive director. "Shifting blame from the actual, admitted killer and trying to establish some mitigating factor -- in this case a TV show -- is rooted in homophobia, as was the strategy to make the case against them." Regrettably, he adds, the victim's family "has written the script for John Schmitz's team to follow, virtually insuring that the killer of Scott Amedure will walk." All in all, "it's a shameful verdict," says Montgomery, "a shame for us all."
GLAAD, for its part, having gone on record condemning the Jones show in no uncertain terms, has apparently become sensitive to criticism that in doing so it abetted Schmitz's "panic" defense. In a fence-straddling statement after the civil verdict, GLAAD leader Joan Garry states that "It's important that talk shows and other media be held accountable for their sensationalism -- in that sense, at least, this ruling is encouraging." But she then adds, "The danger here is that this ruling will undermine the perception of Schmitz's culpability in Scott Amedure's murder....A ruling that denounces sensationalism and the conviction of a man who killed based on fear and prejudice are not mutually exclusive."
Try as it might, GLAAD really can't have it both ways, and I side with the Triangle Foundation and other critics of the verdict. If Schmitz felt justified in killing based on the fact he was "humiliated" by a public announcement that a male acquaintance had a "secret crush" on him, that is not the fault of the show's producers. To claim as the jury -- and GLAAD -- would that Schmitz could be so mortified by this revelation that he would predictably be driven to shoot Amedure at point-blank range with a shotgun is, in the words of Chicago Sun-Times columnist Richard Roeper, "an astoundingly unfair burden to place on any program."
Talks shows of this type deal in humorous and "embarrassing" set ups, and they should not fear to treat situations that bring gay and straight people together. Even premises such as Howard Stern's "lesbian dating game" -- also stridently denounced by GLAAD, although no one is forcing the willing lesbian guests to participate -- are a sign that gay folks are becoming part of American culture, including schlock popular culture.
You can't advocate for inclusivity on one hand, and then criticize scenarios that fall below an idealized presentation of gays as noble, oppressed victims. You cannot support the First Amendment for gay images that many find "shocking," and then approve of censorious civil suits that hold talk shows responsible for subsequent violence.
Memo to GLAAD: the killer was guilty, period.