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

Copyright © 2024 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

Connie Perignon Stars in Latest From Brazzers

Connie Perignon stars with Jordi El Nino Polla in the latest release from Brazzers, titled "The Sneaky Masseur."

Sinatra Monroe Has 'A Classy Affair' in Ricky's Room

Sinatra Monroe stars in the latest release from Ricky's Room, titled "A Classy Affair."

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

TeamSkeet Debuts New Series 'PervMassage'

Fanta Sie stars with Erick Everhard in the first episode of the new TeamSkeet series, “PervMassage."

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Angel Windell, Katie Davis Headline Latest 'Lesbian Seductions'

Angel Windell and Katie Davis topline the 80th edition of “Lesbian Seductions,” from Girlfriends.

ERIKALUST Releases 'Texas Ride 'Em'

ERIKALUST has released its latest scene, “Texas Ride ‘Em.”

Ema Karter Makes Her Blacked Debut

Ema Karter has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jax Slayher.

Show More