Thursday, September 16, 2010

Indiana Court of Appeals rules women's breasts do not have equal protection- Shame on them!


The Indiana Court of Appeals just made a terrible decision. They ruled that a women's bare breasts do NOT have equal protection under the US Constitution. Of course this is just the opposite of how the NY Supreme court ruled in 1992 where a judge in NY said "One of the most important purposes to be served by the equal protection clause is to ensure that 'public sensibilities' grounded in prejudice and unexamined sterotypes do not become enshrined as part of the official policy of government."

Here's the story:

"A 16-year-old girl accused of exposing her breasts on an Indianapolis street can’t argue that the 14th Amendment to the U.S. Constitution gives her the freedom to do it.

The Indiana Court of Appeals ruled Thursday against the girl’s claim that Indiana’s nudity law violated the 14th Amendment’s equal protection clause...

The girl’s attorney said Indiana’s nudity law was unfair because it covers the nipples of women, but not men.

The appeals court says the citizens of Indiana have spoken on the issue through their elected representatives.

Click here for the full story

The court saying the citizens of Indiana have spoken on this issue through their elected representatives is probably the WORST cop out excuse that justices can ever give.

Listen to these other cop out judicial excuses.

In 1857. in the Dred Scott case US Supreme Court ruled Blacks were not citizens and congress did not have the right to ban slavery. Bet the Indiana justices would agree here.

In 1896, Plessy v. Ferguson US Supreme Court upheld repressive Jim Crow laws in the south.

Now here are some famous brave decisions that went against a lot of public opinion.

1954 Brown V. Board of Education of Topeka overturned racial segregation in schools.

1925 Scopes Monkey trial. TN Supreme court overturned lower courts rulings that it was illegal to teach evolution.

It's a sad day in Indiana to find their justices so bigoted against women.

Remember, up until the 1930's, men could be arrested on beaches in the US for being shirtless. Even in the early 1960's men could be arrested in Central Park NY for being shirtless. Those were bad laws that have mostly just been ignored as many are still on the books. The judges in Indiana could have pushed forward women's rights in this case, instead, they treat women like 2nd class citizens.

Now Americans should have known this would be the decision as the here are some "good" Indiana laws still on the books that should be enforced just like the law against this women.

1. Bathing is prohibited during the winter.
2. Citizens are not allowed to attend a movie house or theater nor ride in a public streetcar within at least four hours after eating garlic.
3. Monkey's are forbidden to smoke cigarettes in South Bend.

It is good to know that the smart justices of Indiana have not overturned these laws. After all we don't want Indiana citizens needlessly wasting water in the winter by taking baths.


Tom Mulhall
Terra Cotta Inn clothing optional resort and spa
Sunny Palm Springs, CA
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2 comments:

Elk Grove blogger said...

Sad day for we Nudists.The courage to bare all helps individuals discover life.

Jeff said...

Next time you hear someone complaining about "Judicial Activism" or extolling "Democracy", think about this case. Democracy is "majority rules" and that is exactly what happened here. We are supposed to live in a Constitutional Republic. The views of the minority in that republic are supposed to be protected by active, empowered judges to push back against the majority when it tramples on the minority.