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Originally Posted by The Porn Nerd
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?
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No. It has nothing to do with consent or voluntary vs. non-voluntary.
It has to do with a deeply seated right and being persecuted for it...
Here are the Judge's words in regards to BDSM..
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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. Also relevant and important to the analysis is the absence of a history of impermissible animus as the basis for the restriction at issue here. Sexual activity that involves binding and gagging or the use of physical force such as spanking or choking poses certain inherent risks to personal safety not present in more traditional types of sexual activity.
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Apparently to him, BDSM is a "new" type of sex and people who engage it in are not entitled to same sexual rights as a homosexual since homosexuality is a long standing practice and homosexuals have been subjected to a myriad of criminal, societal, familial and religious repercussions for engaging in homosexual sex through-out human history.
Perhaps if the Bible had said "Thou shall not spank" then it would be thought of the same by this Judge.