Quote:
Originally Posted by pornlaw
It's not just the application of the facts of this case - it's also the Judge's legal reasoning. He broadly states that BDSM doesn't have the same protections under the Constitution that gay sex had under Lawrence v Texas. That's what makes it legally interesting otherwise it's just another expelled student because of a rape and then that analysis isn't necessary.
|
Perhaps because 'gay sex' is considered non-voluntary (as in, gays don't "choose" to be gay) whereas BDSM is (or should be) totally voluntary?