For John, BLUF: It seems a little disrespectful for individuals to flaunt their sexual assets, while expecting others to know where the flaunter is drawing the line. Nothing to see here; just move along.
From Ricochet, by Mr Paul A. Rahe, 15 February 2019.
Here is the lede plus one:
Now that I have your attention, I wish to direct it to a split decision handed down today by the 10th Circuit. On equal-protection grounds, the court struck down an ordinance in place in Fort Collins, CO forbidding women from baring their breasts in public except for the purpose of breastfeeding. Ed Whelan at National Review is on the case, and he reports the following:I find the judge's ruling here to be disconnected from our civil society. It isn't just sad. It is also destructive.In his majority opinion (joined by Judge Mary Beck Briscoe), Judge Gregory A. Phillips cites with approval the district court’s objection that the ordinance “perpetuates a stereotype engrained in our society that female breasts are primarily objects of sexual desire whereas male breasts are not.” In a classic false dichotomy, Phillips concludes that the city’s “professed interest in protecting children derives not from any morphological differences between men’s and women’s breasts but from negative stereotypes depicting women’s breasts, but not men’s breasts, as sex objects.” Ditto for “notions of morality” that might underlie the law.
Hat tip to the InstaPundit.
Regards — Cliff