???Sex that is not indecent can transmit disease while indecent sex might not."

?Sex that is not indecent can transmit disease while indecent sex might not,? they ruled.

This is really incorrect reasoning. Of course Sexually transmitted diseases will be transmitted faster in a communal setting than in a "decent" monogamous setting. Just because "decent" sex can also transmit disease does not mean that it transmits it at a faster rate than communal sex. The issue at hand was do swing clubs cause HIGHER levels of transmission of diseases. The "witty" repartee by the judges simply brings a red herring into the equation, it has nothing to do with the issue at hand.

I wonder how many of the judges were influenced by their own personal foray's into group sex.

Here's an off the wall analogy. When a person dies, their estate can be put into probate for a period of time. Consider this to be a "quarantine" so that before the assets are dispersed, anyone who claims to be owed money by the deceased has a chance to collect before the money is given out to family and friends.

The point is there is downtime after one's demise to protect society. The same idea should apply to swingers clubs. If one wants to remain a member in good standing, they should be required to be tested for STD's and their continued use of the facility for group sex would be based on their test results.

It appears the Canadian Supreme Court has just decided that casual sex among strangers poses no threat in any way to the health of a society and therefore no restrictions or monitoring is required, what a bunch of dopes to view it with such simplicity.

Here's the link...

Kinky Judges


Updated: 2:33 p.m. ET Dec. 21, 2005

OTTAWA - Group sex among consenting adults is neither prostitution nor a threat to society, the Supreme Court of Canada ruled on Wednesday as it lifted a ban on so-called ?swingers? clubs.

In a ruling that radically changes the way courts determine what poses a threat to the population, the top court threw out the conviction of a Montreal man who ran a club where members could have group sex in a private room behind locked doors.

?Consensual conduct behind code-locked doors can hardly be supposed to jeopardize a society as vigorous and tolerant as Canadian society,? said the opinion of the seven-to-two majority, written by Chief Justice Beverley McLachlin.

The decision does not affect laws against prostitution because no money changed hands among the adults having sex.

?Bawdy house? proprietor's appeal
The court was reviewing an appeal by Jean-Paul Labaye, who ran the L?Orage (Thunderstorm) club. He had been convicted in 1999 of running a ?bawdy house? ? defined as a place where prostitution or acts of public indecency took place.

Labaye ? who is still running L?Orage despite his earlier conviction ? said he was relieved, and would now go ahead with a new venture with backing from a group of Florida investors.

?We hope clients will be more calm. This will probably lead the way to a good future,? he told reporters, saying he was looking at adding a Jacuzzi and a swimming pool.

Labaye said he had about 2,000 regular clients who paid around $20 ($17 U.S.) a year for a membership card.

Do group sex clubs pose a threat to society?

Lawyers for Labaye and the owner of another swingers? club in Montreal argued that consensual sex among groups of adults behind closed doors was neither indecent or a risk to society.

The Supreme Court judges agreed.

?Criminal indecency or obscenity must rest on actual harm or a significant risk of harm to individuals or society. The Crown failed to establish this essential element of the offense. (Its) case must therefore fail,? McLachlin wrote.

In indecency cases, Canadian courts have traditionally probed whether the acts in question ?breached the rules of conduct necessary for the proper functioning of society?. The Supreme Court ruled that from now on, judges should pay more attention to whether society would be actively harmed.

Deviant, maybe, but not dangerous
This seemed to ensure there could be no repeat of Labaye?s original conviction for causing ?social harm? by allowing degrading and dehumanizing group sex to take place.

The judges said that just because most Canadians might disapprove of swingers? clubs, this did not necessarily mean the establishments were socially dangerous.

?The causal link between images of sexuality and anti-social behavior cannot be assumed. Attitudes in themselves are not crimes, however deviant they may be or disgusting they may appear,? the judges said, noting that no one had been pressured to have sex or had paid for sex in the cases the court considered.

?The autonomy and liberty of members of the public was not affected by unwanted confrontation with the sexual activity in question ... only those already disposed to this sort of sexual activity were allowed to participate and watch,? they said.

They also dismissed the idea ? raised during Labaye?s original trial ? that group sex was dangerous because it could result in the spread of sexually transmitted diseases.

?Sex that is not indecent can transmit disease while indecent sex might not,? they ruled.

Copyright 2005 Reuters Limited. All rights reserved.

Quote:

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Originally posted by Alex:
? If one wants to remain a member in good standing, they should be required to be tested for STD's and their continued use of the facility for group sex would be based on their test results.

It appears the Canadian Supreme Court has just decided that casual sex among strangers poses no threat in any way to the health of a society and therefore no restrictions or monitoring is required, what a bunch of dopes to view it with such simplicity.

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<font size="2" face="Verdana, Helvetica, sans-serif">While I agree with you here,Alex,I can understand why someone would say that "indecent sex" can sometimes be safer than "decent sex".Certainly if the swing club wishes to remain safe they would require STD testing.This would in many instances make them safer than SOME marriages.If the husband or wife has an affair,they are less likely to use protection or demand their partner take an STD test beforehand than a swing club or even a prostitution house.

I would even go so far as to say that sex with ahooker is probably safe than going to a single's bar and picking up a woman there, for the reasons I mentioned above.

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