Wednesday, January 16, 2008

Sex is a constitutionally protected liberty interest. Thus, the government may make sex a crime only where it has a constitutionally sufficient justification for doing so. The government does not have a constitutionally sufficient justification for making private sex a crime. It follows that an invitation to have private sex is constitutionally protected and may not be made a crime. This is so even where the proposition occurs in a public place, whether in a bar or in a restroom.

bwahahahahahahahahahahahahaah


soliciting gay sex in a public restroom is ok...
having gay sex in a public restroom is not...

i wonder how the Idaho republican party feels about that

2 comments:

fearlessvk said...

totally agree with the ACLU. when this whole story broke, i was of course amused, but i could not for my life figure out wtf the police were doing staking out airport bathrooms in search of men trolling for gay sex. was there some sort of plague of public gay sex in that bathroom? and even if a "wide stance" in the bathroom and a foot creeping under the barrier is the universal sign of "i want to fuck you like an animal" i still don't see how it could possibly be a criminal action.

none of this prevents me from making fun of larry craig at every available opportunity, of course.

fearlessvk said...

here is a present for you.