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Thursday, September 16, 2010

Women's breasts do not have equal protection under the law, says Indiana Court of Appeals- Shame on them!

Indiana's 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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Radiation said...

it seems like government leaders, especially on city councils, are usually older people. hopefully the Indiana judge is an older person. the newer generation seems more tolerant of skin. just like i've read stuff that says the young people at one church see the gay clergy thing as a generational issue; just like rock music was in the 50s.

Also consider: i think Indiana is more Christian & so therefore more conservative. New York is not conservative & has a long history with being progressive with womens rights, like the Declaration of Sentiments at 1st official womens rights convention in US, NY passed one of nation’s most comprehensive Married Women’s Property Acts in 1860 & probably more.

After a long day finding voltage drops its depressing to come back & read this. I guess just do what Academic Naturist says, donate to groups like tera, get signatures & wait for current teens to be leaders

Anonymous said...

sysnetindy from Indy,

We do have some real morons in this State, especially in our so-called governing elete. 'nough said.

stonetones58 said...

I do so hope that this will be appealed on a national level. I am from Indiana and this didn't even make any news that I know of. Figures. Then again, as I was investigating the article, I looked up Article 14. One of the references mentioned Scalia. Don't think he is a friend of women either. Thanks for your comments. I will try to keep my eyes out for anything else on this.

Benny said...

This is sexist. Hey although it is going in the wrong direction, at least the laws prohibiting men from being shirtless were consistent (of course I say that tongue in cheek).

Anonymous said...

I will care about this ruling when females have to register with Selective Service at 18.

Tom Mulhall said...

Anonymous, just because one law is wrong, doesn't mean you shouldn't care about another one being wrong too.
Women should be able to be topless where ever men can be. And both sexes should have to register for Selective Service at age 18.

Tao Baron said...

Anonymous, I wonder if you even know what the constitution is and what it means to serve. Rather than attacking a women about her freedoms, why not encourage her for standing up for her rights as a citizen of America.