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A legal defense of donkey sex - Salon.com
The prosecution of a Florida man accused of having sexual contact with a miniature donkey is unconstitutional, according to his lawyers.
In a court motion, the defense claims that the state law against bestiality deprives 32-year-old Carlos Romero of his personal liberty and autonomy when it comes to private intimate activities.
But its actually not quite as crazy a move as it might seem. The lawyers arent arguing that Romero necessarily has a right to sex with donkeys, or any other farm animals for that matter. Theyre specifically targeting the language of Floridas anti-bestiality law, which does not require proof that an animal has been harmed or of the sexual activity being non-consensual, or even of penetrative sexual contact.
The attorneys write, Therefore, the only possible rational basis for the statute is a moral objection to sexual acts considered deviant or downright disgusting. And that, they argue, is unconstitutional: The personal morals of the majority, whether based on religion or traditions, cannot be used as a reason to deprive a person of their personal liberties.
If, however, the statute were to require sexual conduct with animals to be nonconsensual or to cause injury in order to be a crime, then perhaps the State would have a rational basis and legitimate state interest in enforcement, they write.