Federal Judge: Consensual BDSM is Not Constitutionally Protected

since the Judge thinks #bdsm has ‘no history’…it doesn’t deserve protection under the law!

Sex & Justice

A federal court in Virginia ruled recently that consensual kink is not constitutionally protected,that is, that an individual has no right to engage in 100% consensual BDSM.  Judge TS Ellis, ruling on Doe vs. George Mason University et. al, stated in his analysis:

“A legislative restriction on BDSM activity is justifiable by reference to the state’s interest in the protection of vulnerable persons, i.e. sexual partners placed in situations with an elevated risk of physical harm. In this respect, the conclusion… that there is no deeply rooted history or tradition of BDSM sexual activity remains relevant and important to the analysis.”

The court found that banning BDSM activities is justified and further states that since there is no “deeply rooted” tradition of BDSM (defined as including “binding and gagging, or the use of physical force, such as spanking or choking,” activities “not present in traditional sex”), it is not constitutionally protected.

Although the…

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