News ACLU Defends Larry Craig
posted by January 16 at 8:59 AMon
In a brief filed in the Minnesota Court of Appeals, the ACLU is arguing that arresting Sen. Larry Craig for trying to pick someone up in a bathroom violates his civil rights.
They make two key arguments. First, the government has no compelling interest in prohibiting someone from hitting on someone else. The ACLU argues in its brief:
The government does not have a constitutionally sufficient justification for making private sex a crime. It follows that an invitation to have private sex is constitutionally protected and may not be made a crime. This is so even where the proposition occurs in a public place, whether in a bar or in a restroom.
Second, they point out that the sting went too far. If, as the arresting charges against Craig claim, the Senator had no business contacting someone in the stall next to him—the charges alleged that he looked into a “place where a reasonable person would have an expectation of privacy” —then didn’t the cops violate Craig’s privacy?
I’m glad the ACLU is weighing in and defending Craig’s right to hit on somebody.
It’s satisfying that a Republican Senator was exposed for being a giant hypocrite, but it’s terrifying that the state can bust you for flirting.