Comment by skissane
2 days ago
You can say the same about a lot of other things, e.g. being divorced, being in a same-sex relationship, being adopted: somebody out there will judge you negatively for it, but fearing their judgement is part of what gives it power.
The stigma for mental issues is still a lot more severe than sexuality etc, and the court knows they can do it without consequences. Mental health issues are often viewed as a moral failing or a weakness of a person who can't get their life sorted out, a bit like how people are judged for laziness. Very easy to stick to a "criminal" without anyone batting an eye.
If the judge instead said "this guy's not that bad, he's just gay" it wouldn't go over so well.