For John, BLUF: Not that I think it is the thing to do, but we need an even hand. Nothing to see here; just move along.
Law Professor Eugene Volokh, writing in The Washington Post, explains that there is "No constitutional right to engage in consensual BDSM sex".♠
I thought we were free to do what we wanted in the privacy of our own bedrooms. The ruling from the United States District Court for the Eastern District of Virginia says otherwise. It reminds me of the Massachusetts Supreme Judicial Court ruling in Goodridge v Department of Public Health. The ruling said that the State could not restrict gay marriage, but, it said, the General Court could legislate against other forms of relationships.
I think we have a certain confusion here. A cultural confusion. Do we wish for freedom or do we wish to protect certain groups, but not others? Are we bringing our personal prejudices into the bedroom, via police actions?
Hat tip to the InstaPundit.
Regards — Cliff
♠ What are we talking about here? Here is the Wikipedia entry on BDSM. NSFW.