Chicago's ban on uncovered women's breasts upheld by divided court

Saturday, 11 November 2017, 03:35:41 AM. An activist who walked along the lakefront with her breasts exposed to protest Chicago’s public indecency ordinance could very well have made her point with her clothes on, a prim and proper federal appeals court has ruled.
An activist who walked along the lakefront with her breasts exposed to protest Chicago’s public indecency ordinance could very well have made her point with her clothes on, a prim and proper federal appeals court has ruled. But the decision to uphold a law that discriminates between male and female breasts prompted a split on the 7th Circuit U.S. Court of Appeals, and — schoolboy snickering aside — an interesting debate between judges Frank Easterbrook, Diane Sykes and Ilana Rovner in the 2-1 ruling. Sykes, who has been praised by President and is tipped as a potential future U.S. Supreme Court justice, wrote in the majority opinion that protester Sonoku Tagami was not exercising her first amendment rights when Citing a prior case in which a court found that “being in a state of nudity is not an inherently expressive condition,” Sykes According to the ordinance, male breasts are free to be bared in public parks, playgrounds, on beaches, or in “the waters adjacent thereto,” in school facilities or any municipal building. Female breasts — or at least the portion “at or below the upper edge of the areola” — are not, with offenders facing a fine of $100 to $500. Sykes wrote that the discrimination against women is constitutional in this case because it appropriately “serves important governmental objectives.” Rovner disagreed, arguing that upholding laws simply because they have been “part of our culture” would have denied society “women lawyers, women jurors, women estate...Read more
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