![]() ppear in a state of nudity.” Nudity is defined as “he showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple. The town of Laconia, New Hampshire has an ordinance providing that, “it shall be unlawful for any person to knowingly or intentionally, in a public place. Whether women should have a constitutional right to go topless whenever and wherever they want (if men share the same freedom) might be an issue that the conservative Justices feel should be decided by local community standards despite the 14th Amendment’s Equal Protection Clause. My bet, however, is that the Justices will not hear the dispute partly because it would expose some of the limitations, defects, and hypocrisies of originalism, and possibly because not all of the Justices are fully ready to treat men and women equally. The Justices should decide to hear this case because these discriminatory laws raise important issues of gender equality. Such a law, could be heard by the Supreme Court of the United States this term. One of those cases, in which the New Hampshire Supreme Court upheld To stop this discrimination based on gender, an organizationĬalled “Free the Nipple” has filed lawsuits (or amicus briefs in cases broughtīy others) challenging these ordinances, and with the exception of a recent On preventing women from showing their breasts in public while placing no such All across the country cities and towns seem hell bent
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