Federal Court: No Constitutional Right to Engage in Consensual BDSM

Federal Court: No Constitutional Right to Engage in Consensual BDSM

ALEXANDRIA, Va. — A federal court recently ruled that there is no constitutional right to practice consensual BDSM sex.

The case at hand centers on plaintiff John Doe, a student who was expelled from George Mason University for allegedly having sex with a woman without her consent by refusing to stop a BDSM sexual act when his sexual partner uttered their safe word — “red.”

Doe sued the university when administrators expelled him after he was probed by the school’s Sexual Misconduct Board, which held a 10-hour hearing on the matter.

Jane Roe, Doe’s BDSM partner, claimed a “substantial procedural irregularity” had occurred since his first exoneration— “in Roe’s view, plaintiff confessed” after he later replied to a conversation with Roe via a taped telephone conversation made by school detectives.

According to court documents, Roe asked him “why [he] never stopped when [she] used the safe word.” Doe replied that he “felt like [she] could handle it.” 

In his lawsuit against the school, Doe contended that George Mason University administrators “disregarded” the context of his relationship with Roe and instead acted like BDSM sex was “per se sexual misconduct.”

Doe argued that the university administrators’ decision to not understand the context of the relationship between Roe and him stood in violation of the U.S. Supreme Court case Lawrence v. Texas, which struck down laws against consensual same-sex intimate activity between adults.

Last month, U.S. District Judge T.S. Ellis III dismissed the case through summary judgment, ruling that the university had violated Doe’s right to due process by not handling the appeals process properly.

However, Ellis in his ruling, said there is no constitutional right for consenting adults to engage in BDSM.

“Engaging in BDSM sexual activity is clearly not protected” under the U.S. Constitution, Ellis said. “[T]here is no basis to conclude that tying up a willing submissive sex partner and subjecting him or her to whipping, choking, or other forms of domination is deeply rooted in the nation’s history and traditions or implicit in the concept of ordered liberty.”

Because such activity “poses certain inherent risks to personal safety,” the court said, governments could claim a legitimate interest in regulating it for “the protection of vulnerable persons” who have chosen to enter BDSM relationships.

Ellis in his decision said that, “consistent with the logic of Lawrence, plaintiff has no constitutionally protected and judicially enforceable fundamental liberty interest under the Due Process Clause of the 14th Amendment to engage in BDSM sexual activity.”

View ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Zara Makes Her Blacked Raw Debut

Zara has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Hollywood Cash.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Angela White Returns to Jules Jordan

Angela White returns to Jules Jordan Video alongside Victor Ray in "The Battle for Sexual Supremacy."

Violet Voss on Parlaying Her Fetish Roots Into a Breakout Year

The term “raven-haired beauty” may have become somewhat of a cliché, but every now and then, a star comes along who truly fits the bill. Performer and fetish creator Violet Voss is just such a presence.

Adult Time Drops Latest Installment of Jim Powers' 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Goddess Tangent Launches New Site Through Grooby's Blue.xxx

Goddess Tangent has launched her new membership site, TangentOD.com, through Grooby's website management company Blue.xxx.

Keiran Lee Guests on Chaturbate's 'Sex Tales' Podcast

Keiran Lee is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

Aubrey Kate, Charlotte Sins Star in New Transfixed Release

Aubrey Kate and Charlotte Sins star in the latest release from Transfixed, titled "Saved by the Bolster."

Connie Perignon, Angel Youngs Lead Latest From Jules Jordan

Connie Perignon and Angel Youngs star in the latest release from Jules Jordan.

Show More