“Women’s Nipples and the US Supreme Court” – Freya’s Chambers – Equality

Happy Frigg and Freya’s Day!

Disclaimer:  The topics covered in Freya’s Chambers include serious discussions of sex, sexuality and related issues.  If it isn’t your thing; you can move along, otherwise enjoy and feel free to discuss.  Given the nature of some subjects be prepared for nude images as there may be some.  I avoid genitalia as a general rule but is not always possible.

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Discussion:

While not surprising to me, the US Supreme Court decided to refuse to hear the case brought by two women from New Hampshire.  The Court basically decided not to hear the case.  The story from Reuters is below:

Reuters: US Supreme Court Refuses to Hear Topless Case

Why am I not surprised?  Because the court is conservative and there is no way that they want to go on record as having to do something very obvious to most people from a plain reading of the 14th Amendment.  If you have a rule that tells a woman she cannot do something a man can do freely, then it is sexual discrimination.

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The best thing for a conservative court with many of its members appointed by conservative presidents to do is to avoid the whole issue.  So that is what they did.  And it shows how the court, while in many ways has always been political, is even more political. The issue for most court members is legacy, not justice and it shows particularly when they don’t take cases of obvious implications for the constitution and the bill of rights. Most notably to me, the court could define 2nd amendment rights for the nation as a whole and in this case, would start to allow women to do what men have been allowed to do for years which is take off their shirt and bare the chest on hot summer days or whenever they wish. 

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This case involved two women who did a normal activity on a hot summer day and were fined 100$ for it each.  The simple question of whether a man would be fined the same way is an obvious ‘no’.  It is clear sexism that was justified by ‘traditional understandings of nudity”.  One thing is clear though that men and women can do the same activity but one of them is fined and the other is not.  That is sexism no matter how hard you try to make it something else.

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Probably the most disappointing thing is the fact this case came from one of the most libertarian states in the union – Hew Hampshire.  That’s right “Live Free or Die”.  Except, in this case, freedom doesn’t extend to women as much as men and it has been noted. Sorry, a little hypocrisy there as tradition apparently trumps freedom.

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What needs to happen is that women have full equal rights in this issue.  The issue of toplessness in public should not be made by government, nor men, but each individual woman involved.  This is really a female choice issue.  It also has an interest in the growing trans community because what constitutes male and female is getting blurry and so the best thing to do is have a uniform standard of ‘if a person for ant reason is allowed to go topless here, then all people are allowed to go topless’.

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From a sexualization point of view, as the idea of men going topless becomes more normal, sexualization of female breasts, much like legs, backsides and other aspects that have been normalized.  We will become as used to it as we have to those others. Not to say that those attracted to the female form such as my heterosexual male self won’t take note and admire, but I already do that with the rest of the female body as it is. I do find women’s breasts attractive and in some regard ‘magical’.

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Biology has kept us being attracted to each other’s physical bodies regardless of dress.  Ultimately this has led to our survival as a species.  Every picture I have used in this article is women doing some of the same activities a man can do while topless.  Only if they do it in some states – they get fined or jailed. I could have easily substituted men in all of these pictures and no one would bat an eye as this is acceptable culturally for men.  But somehow it becomes morally wrong if a woman does it. Yeah, right.

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The women of New Hampshire are now left with the arduous task of changing the laws of their home state.   A process that will take time and should be unnecessary given the plain wording of the 14th amendment: A liberty is being denied to women and given only to men. So much for equal protection under the law and the US Supreme Court is too political and thus to cowardly to correct it.

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My two cents.

I remain,

The Rabyd Skald – Wandering Soul, Bard, and Philosopher. The Grey Wayfarer.

Skaal!!!

“The Topfreedom Movement” – Freya’s Chambers – Equality

 

Happy Frigg and Freya’s Day

Disclaimer:  The topics covered in Freya’s Chambers include serious discussions of sex, sexuality and related issues.  If it isn’t your thing; you can move along, otherwise enjoy and feel free to discuss.  Given this week’s topic be prepared for images of topless females. 

Introduction:

I have to say that since the first time I wrote on the topfreedom movement in the United States, they have made quite a bit of progress.  I originally examined them in my Christian blog many years ago.  Mostly the issue back then was legal.  But the real trick of any social movement is to address all concerns including cultural, social and political.  If you are not aware, the topfreedom movement is basically pressing for equal rights of women to appear topless wherever a man can appear topless.  Basically asserting that the different laws for the treatment of men and women’s chests are sexist and violates equal protection under the law.  The issue for them is equal rights under the law.

I was supportive of the topfreedom movement back then even as a Christian because unlike many other Christians I actually realized that the constitution is the law of the land, not the Bible, and even with the Bible, there is no, I repeat no, statement or even indirect reference in the Bible that says a woman exposing her breasts is a sin. From my point of view then, a Christian woman who decided it was too damn hot and took off both bra and shirt and mowed the lawn was not a sinner, she was just being practical.

But what about now without Bible as some sort of appeal to authority and being you basic deistic humanistic pagan, where do I stand on this issue now? Without the whole sin question to consider, then the issue becomes very practical and about equality.      

Discussion:

From a cultural/social point of view, this is going to be a long fight but I stand with these ladies for a lot of reasons.  Most notably to me is a simple fact that socially I feel that these ‘modesty’ constraints are kept mostly to allow the unattractive, the insecure and religious women of the world to have an advantage over those women who are attractive, secure and non-religious.  I see it every time I go to the beach and some attractive woman is wearing a very revealing swimsuit.  All the other women are judging and criticizing because they are not secure in themselves or have a positive body image about themselves. I love it when a woman asks her significant other, who is watching said attractive female, what he thinks and he says: “whatever you think dear.”  This is far more about pecking order among females than anything else. To aid them in this quest for dominance, some women turn to religious moral codes and such to force their way into the law and on other women.

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My libertarianism kicks in as well to support these women.  If an action is not about force to harm, the threat of force or fraud there is no violation of the Non-Aggression Principle and if there is no victim you can point to and say who was harmed – there is no crime. Can someone tell me who is hurt by a woman walking down the street on a hot day topless?  As far as I can tell the only thing that is harmed is people’s opinions, feelings and sensibilities and none of those things count as far as the NAP violation or a crime.

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This leads me to the legal issues that how is exposing female nipples a crime and the exposing of male nipples is not a crime?  Note that most laws talk about nipple exposure and not the actual breast itself. I have found this an interesting part of the law as the nipples on men and women are essentially the same.  It is the mammary glands that lead to the mound of the flesh a women’s nipples are on that is the difference between the chests.  However, in most places, if the woman were to put tape over her nipples then she is perfectly legal as she would not actually violate the wording of the law.

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But I started this post out with the pagan and spiritual side of this and from that standpoint, I would have to say there is something liberating and freeing to the spirit when one frees themselves from the spirit of being a moral busybody and judge of other people.  There can be no greater judgemental attitude that the one where you impose what you think is modest on another because modesty is a spiritual quality of heart and mind, not one of the dress or undress.

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The other spiritual quality is the appreciation of beauty and in particular the beauty of the human body.  I find a lot of religious believers in God will talk about the beauty of creation and then spend a vast majority of their time trying to cover up one of its most beautiful parts: the human body, both male and female.  In this appreciation of beauty, I have also started to discover something about my attitude about women and their appearance.  I have found a greater understanding that sexual desire and nudity are not always connected. Put simply just because a woman is topless it doesn’t mean she is thinking about or asking for sex anymore than a man who is topless is doing so. Personally, I have learned that real modesty is letting other people be free and if a woman wants to freely walk down the street with her breasts bare, that is her business and I should respect that and not look at it as an invitation for a sexual encounter.

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When I first was made aware of the topfreedom movement, only one state of our fifty had changed its laws to reflect and equal treatment of men and women regarding toplessness.  Since then there are now 35 states that have followed suit realizing that legally there can be no distinction between a man and a woman’s chest. 

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The challenge now is in these states many local governments have reacted with their own ordinances and so what the topfreedom movement focuses on there is trying to get the one legal case in that state that will bring the locals government to heel with state law. There is currently one woman bringing legal action against the city of Chicago before the Supreme Court of the United States.  That might be the legal silver bullet that brings about the remaining states and locals to realizing they can either lose money in a lawsuit every time or just let women be topless.

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The real problem, of course, is that the long term will require society some time to change. Cultural norms change slowly but inevitably.  Like when women were first allowed to show their legs and more cleavage, it takes some time for it to be more normal to everyone in a society. I see change coming for American society regarding this issue and the majority of pushback will come from women and the religious.  In time, even they will have to submit to the inevitable. Sure men will probably at first avert their eyes, but eventually, they won’t think of bare breasts, as usual, any more than bare legs. Time will tell.

Thoughts?

I remain,

The Rabyd Skald – Wandering Soul, Bard, and Philosopher. The Grey Wayfarer.

Skaal!!!

Of Wolves and Ravens – ‘Nudism’

Happy Tyr’s Day

As a Christian theologian I wrote on the subject of human nudity a lot.  You can still read most of it at All Things Rabyd under the page titled God and Nudity.  Through all that, I developed some interesting friends in the nudist community.  I discovered that the term ‘Christian nudist’ is not actually an oxymoron.  I see recently the Sky Clad Therapist among my recent followers.  He is someone I have had a long association with on WordPress through the years on this subject.

Back in the Christian days, I spent a lot of time a Biblical scholar and theologian trying to come to grips with nudity from a Christian perspective. I went through the entire Bible and came to some controversial conclusions.  Some of the more thought provoking ones were that God’s view of nudity is that it was good, that the Bible makes no distinction about women’s breasts as being sinful and that if we were to follow the gospel’s implications to their logical conclusions, then we should return to our original state if all sin has been removed by Christ – ‘naked and unashamed’.

Practically of course, one cannot act on such conclusions either as a Christian in Western society or particularly as a minister.  Now that I am neither, I face some thoughts on this matter because the only thing really now is the social mores of our culture and the decency laws.  I say this because personally I have been just as comfortable in my skin as I am in my clothes and have been that way most of my life. The question now is does my departure from Christianity change my perspective on nudism?  On to the Wolves and Ravens.

Geri (Need): Do we have a need to be naked?  I think we do.  Practically I know for a biological fact our skin functions in its job better when exposed to the open air.  From vitamin D production to simply not developing the fungus on our bodies that comes from sweat and oil being trapped next to our skin by our clothing, I would say there is good evidence being naked for some frames of time leads to better health.  Psychologically, I have to say there is something relaxing about it.  I know what others have told me social nudity has allowed them to have a better positive body image, better understanding of the equality of human beings and other benefits. So perhaps our minds, hearts and bodies do have a need for it.

Freki (Want):  Do people want to be naked? Honestly there are surely those that do.  The question is what of the rest of people who have social mores about it and don’t ‘want to see that.’  The point is though there are some of us who like to be sky-clad from time to time and I don’t think this can be labeled as inherently bad depending on the motivation.  From and intimacy standpoint, nudity with lovers is desired and I can’t say that is inherently bad either.  The issue is motivation and what the nudity is being used for.  But even the uses of nude photography and art have their want aspects that requires looking at motivation. To want to be naked in and of itself – no problem.  If there is a purpose attached then the moral question shifts to whether the want is beneficial or detrimental to self or society.

Huginn (Reason): If I apply straight reason to nudism and nakedness, I really can’t say there is any reasonable detriment to either self or society.  You can’t make a positive statement that a person’s nudity causes harm in and of itself. If a woman strips her clothes off in a crowded room, no one can claim that action or her nudity harms anything other than their sensibilities.  The only reason to be applied to such action is that because some do not have such a view, it might bring harm to her because some would be offended at take action against her – physical or societal.  Reason should tell the nudist, to be wary of the laws of the land and what society thinks to avoid consequences. But no reasonable inquiry can find that nudity in and of itself harms anyone.

Muninn (Wisdom): Wisdom says that there are certain societal issues that, while it is not reasonable to have moral objections to them, people do not act on reason. Probably some of the most noteworthy of such issues are marriage and sex.  Certainly in this category is nudism.  Nudity generates a varied response.  Those that want to fulfill their need and desire to be nudists need to exercise a lot of caution and wisdom.  Privacy and finding private places is a good start with this. If there is a need for social nudity, finding places dedicated to such activity is probably a better bet than fighting laws.

I am not saying to not educate and try to find a way to more rational laws.  I think for instance the topfree movement is a good movement.  What I am saying is you better ask yourself if your activism is worth the money in fines or time in jail. There is also the question of family to consider.  As much as individual practice is at the forefront, your spouse may not be of the same mind or the rest of your family.  Nudists simply have to accept the fact that not everyone can separate nudity from sexuality.

Conclusion:  Personally, I am not an open practitioner of nudism. It is part of my life but I do so privately, when no one else is around. It is part of my morning routine from the time I get up; through meditation, stretching, breakfast and my shower. I sleep naked and have for decades.  I don’t really have any rational objection to it anymore, nor do I appeal to any authority other than reason and wisdom.  I keep my practice private and to myself. I find it liberating, comforting and spiritually uplifting as a spiritual discipline.

I think that is probably the way most nudism is practiced in western society.  People being comfortable in the privacy of their own homes.  To be honest, we should respect that and it’s none of our concern most of the time.  For the nudist, I would say that it’s OK to be one, but listen to the ravens.  Use your reason and wisdom as you exercise your needs and wants.

The Rabyd Skald – Wandering Soul, Bard and Philosopher. The Grey Wayfarer.

Skaal!!!