B.C. Supreme Court has upheld Canada's polygamy laws, but says minors who end up in polygamous marriages should be exempt from prosecution.
In a 335-page decision released on Wednesday, Chief Justice Robert Bauman ruled in favour of the section of the Criminal Code outlawing polygamous unions.
In his ruling, Bauman said while the law does infringe on religious freedom, it is justified given the harm polygamy causes to children, women and society.
“I have concluded that this case is essentially about harm,” Bauman wrote in the decision that was handed down Wednesday morning in Vancouver.
“More specifically, Parliament’s reasoned apprehension of harm arising out of the practice of polygamy. This includes harm to women, to children, to society and to the institution of monogamous marriage.”
But he suggested the law shouldn’t be used to criminalize minors who find themselves married into polygamous unions.
The decision follows 42 days of legal arguments from a wide variety of groups interested in the constitutionality of Section 293 of the Criminal Code.
B.C. welcomes decision
The ruling was welcomed by B.C. Attorney General Shirley Bond in Victoria, who called the decision a "landmark" ruling that sends a clear message upholding the laws. ...
The National Coalition for Sexual Freedom is here for folks when they are being persecuted for their alternative sexual behavior. The problem we face is urgent and real—every year NCSF Incident Reporting and Response helps almost 500 individuals, groups, events and businesses that are being discriminated against.
Almost 30% are dealing with criminal charges because of their sexual behavior. NCSF’s Consent Counts Project is dedicated to decriminalizing consensual BDSM in U.S. law by ensuring that consent will be recognized as a defense to criminal charges brought under assault laws and other statutes. At the same time, our DSM Revision Project is leading the effort to depathologize BDSM in the American Psychiatric Association’s diagnosis manual which is consulted by legal professionals as well as therapists.
NCSF can only continue to help consenting adults defend their rights because of your donations. NCSF doesn’t receive grants like other nonprofit groups; that’s just another example of the stigma our communities face. We have to help ourselves. That’s what NCSF does.
In these hard times, we need your help. Please join NCSF. Make a donation. And please continue to designate your fundraisers to benefit NCSF.
Let’s all make the New Year a better one for kinky people everywhere!
A couple renting the big house behind the bright white fence seemed like excellent tenants, their landlord says. They paid their rent on time. They kept the grass neatly trimmed.
Neighbors watched the pair light tiki torches along the driveway in the evenings. The torches led floods of cars beyond the picket fence onto the property at the end of a dead-end street.
"We are a party family," the property's owner, Sheriff Iguaran, recalled his tenants explaining when they rented the house about a year ago.
"As long as there is no crime activity, I don't have any problem," responded Iguaran, who owns and lives in the house next door.
It wasn't until last week, he said, that he learned his renters at 11326 Brightridge Drive in Seffner hosted what authorities have called an illegal swingers club.
Iguaran said he received a letter from county code enforcement about the alleged business and notified his tenants of the infraction by certified mail.
Authorities stepped in Saturday, arresting tenants Steven Bowers, 56, and Cynthia Bowers, 55, both of St. Petersburg.
They say the Bowers' social activities at the rental house had boomed into an unlicensed sex club business, where swingers partied and singles paid to mingle. Alcohol flowed with a bring-your-own-bottle policy.
Also arrested were Ricky Zabala, 55, and his wife. Pamela Zabala, 54, of Orlando, who authorities say helped operate the swingers club.
All four face charges of operating a sexually oriented business without a license and operating a bottle club without proper zoning and licensing. All four were released from jail Saturday. ...
The National Coalition for Sexual Freedom is pleased to announce the addition of a new board member—Race Bannon.
Race is the founder of the popular Kink Aware Professionals free list service that refers people to kink-sensitive psychotherapeutic, medical and legal professionals. Race asked NCSF to take over the hosting and management of KAP, which is now one of our most popular programs. Race was also the leader of The DSM Project that led to a beneficial change in 1994 in the way the psychotherapeutic profession views BDSM. NCSF is currently building on the foundation laid by Race and Guy Baldwin in that project, moving closer towards our goal of depathologizing BDSM.
Kinky sex has been one of Race Bannon’s passions as a practitioner, organizer, writer, educator, commentator, activist and leader since his first explorations of the leather world starting in 1973. Race is the author of the best seller Learning The Ropes: A Basic Guide to Safe and Fun SM Lovemaking (Version 2.0 available soon); founder of Daedalus Publishing Company, the first publishing company dedicated to publishing nonfiction leather/SM/fetish books; writer of many articles on sexuality; former sex advice columnist; former producer and host of Bound To Talk, the first internet talk show about kinky sex; past Board member of NLA International, NLA Los Angeles and Avatar Club Los Angeles; and member of Chicago Hellfire Club. Race sits on the Board for the Community-Academic Consortium for Research on Alternative Sexualities (www.carasresearch.org) and also for the Leather Hall of Fame (www.leatherhalloffame.com). He is on the organizing committee for OpenSF, an upcoming 2012, 3-day conference focused on creating non-monogamy community (inclusive of polyamorous people, BDSM aficionados, swingers, sex workers, queer non-monogamous folks, and non-monogamous families).
Race can be reached through his web site at www.bannon.com where you can read his sexuality and relationship blog. For more information on NCSF, go to www.ncsfreedom.org
Proving that you can't keep a good swinger down, the Crucible—a "pansexual alternate lifestyles club" that lost its lease at 1815 Half Street on Buzzard Point in April—has found a new home. The Department of Consumer and Regulatory Affairs just issued a building permit for a small warehouse garage flanked by parking lots at 16 M Street NE, a block from the new Harris Teeter and around the corner from existing nightclubs Fur and Ibiza.
I'm not sure at this point what kind of opposition the BDSM fixture might run into. But I do know that they've probably got a good zoning lawyer. Recently, the club says on its homepage, they incorporated as a 501(c)7 non-profit. According to an email from Zoning Administrator Matt LeGrant justifying the award of a permit, non-profit status means it can't be classified as a "sexually oriented business establishment," and is instead a "private club." SOBEs, as they're affectionately called, can't open within within 600 feet of a church, school, library, playground, or the area under the jurisdiction of the Commission of Fine Arts. Plus, they have to get permission from the Board of Zoning Adjustment to operate in a commercial zone, giving neighbors a toehold to stop them (which is why Stadium Club fought the SOBE label tooth and nail). Private clubs, on the other hand, are allowed as a matter of right.
From my perspective, the only thing wrong with private clubs is that they're blank and impermeable to the street during the day—like dance halls, or even Georgetown's City Tavern—and so are not well-suited to aspiring pedestrian-oriented neighborhoods like NoMa. But that block isn't terribly walkable yet, so it wouldn't do any harm in the near term. And when someone buys the parcel for redevelopment, the club will just be displaced again anyway; such is the lot of sex clubs (as most of the old ones down by the ballpark learned years ago).
Still, I suspect that at least some residents will fret that the block is developing a reputation as a "red light district," which the Stadium Club's neighbors tried to claim as well. Thanks to their advance legal legwork, though, the Crucible might be in the clear.
The Crucible comes before Advisory Neighborhood Commission 6C on Thursday.
Hillsborough County sheriff's detectives say they shut down a swingers club in a Seffner rental house Friday and arrested four people.
Complaints from neighbors about the home at 11326 Brightridge Drive kicked off a six-week investigation by sheriff's detectives and agents from the state Division of Alcoholic Beverages and Tobacco.
Neighbors said cars would turn up their dead-end street on weekend evenings and head directly for the very end, pulling into the 150-foot driveway lit with tiki torches behind the white picket fence and gate.
The unassuming two-story white house has red trim and sits well off a street lined with single-story ranch homes.
Inside, detectives found three bedrooms lined wall to wall with beds.
The living room was equipped with a dancing pole, a spanking table and large-screen televisions playing pornographic movies.
Steven Bowers, 56, and his wife, Cynthia Bowers, 55, both of St. Petersburg were the owners and operators of the swingers club, deputies said.
They were leasing the home. Ricky Zabala, 55, and his wife, Pamela Zabala, 54, of Orlando assisted with the club when the Bowers were away, according to investigators.
All four have been charged with operating a sexually oriented business without a license, a county ordinance violation, and operating a bottle club without proper zoning and licensing, a second-degree misdemeanor. Each charge carries up to 60 days in jail and a $500 fine. All four were released from jail Saturday. ...
Sex toys, adult entertainment and dozens of people.
That's what investigators say went on inside a Seffner home, which was allegedly used as a illegal swingers club.
Deputies arrested four people, two married couples, in connection to the crime.
On a normal Saturday night., deputies say people would be lining up to go inside a home, at 11326 Brightridge Drive, in Seffner.
They say Steven Bowers and his wife Cynthia were operating a swingers club, while leasing the place and an Orlando couple ran the operation, when the Bowers' needed a night off.
Kristi Vanmeter lives next to the property.
"My dad thought it was something like that. Because the neighbors on the other side, like my dad and them are friends and they were talking like one night, he saw just a bunch of people in the hot tub out there and they're like what's going on?", she said.
Detectives say they found wall-to-wall beds in three bedrooms and a dancing pole, spanking table, and big screen TV's playing pornographic films in the living room.
Owner Sheriff Iguaran happened to show up, while we were there.
He told us he knew about the parties but didn't know about the alleged illegal activity.
But, he says policing the home is not his responsibility. Iguaran said, "As long as I rent it and they are not doing anything against the policy, I don't have any complaint."
According to investigators, as many as 50 people at a time partied at the home. They tell us single people paid a fee, while couples got in for free.
This definition, which has not been updated since 1929, is narrower than the one used by many police departments around the country, and women's rights advocates say it leads to the under-counting of thousands of sexual assaults each year.
At a meeting in Albuquerque, N.M. on Tuesday, the FBI's Criminal Justice Advisory Policy Board voted to change the definition of rape in its Uniform Crime Reporting (UCR) Summary Reporting System, following the recommendation of a lower panel in October. The new terminology says rape is "penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."
This new definition expands the old one by taking out the requirement of a "forcible" assault and the restriction that the attack must be toward a woman. It also now includes non-vaginal/penile rape and rape by a blood relative. ...