124. Clothes is both openly expressive and in private symbolic, connoting identity in a specific ethnic
group. Restricting To put things into a quick outlook: I'm a relative newcomer to social nudism. I have been a closet nudist all my life, and lived in your typical New Zealand family/city. I view social nudism as a subculture to the prevalent culture of the area/country to which the societal nudists belong. of apparel of nudists is no less restrictive than forbidding any other cultural group from
wearing the clothing specific to their group. Preventing nudists from going nude is equal to preventing a
Individual of Scottish descent from wearing the family colours, or preventing a priest from wearing his robes.
125. With the development of national organizations promoting nudism as a doctrine, naked recreation may
eventually come to be seen as a safe medium of speech expressing that doctrine, and as an example of
Shielded free association.190
126. The Ninth Amendment makes it clear that no independence shall be denied which are not expressly
prohibited.191 Consequently, mere nudity isn't illegal except where there are specific laws that forbid it.
Most laws prohibit only lewd actions, not nudity per se; and there's actually no universal legal prohibition
against nudity on public land.
127.
church.192 Even now, a lot of the objection to nudism is founded on spiritual principles. The constitutional
separation of church and state should make this an invalid argument.
128. Extensive legal precedent indicates that laws requiring women, but not men, to conceal their breasts
are sexist, discriminatory, and unconstitutional.193
the conviction of two girls found guilty of exposing their breasts in public. The ruling held the state's antinudity
law was meant to apply only to lewd and lascivious conduct, not to "noncommercial, perhaps casual,
and certainly not lewd, exposure." Herald Price Fahringer, the women's lawyer, said the ruling meant that
Girls in New York State could sunbathe topfree or even walk down the road with no top, as long as this wasn't
done in a lewd manner, or for such functions as prostitution. Judge Vito Titone pointed out that women sunbathe
topfree in many European countries, adding:
serve as a reason for different treatment as it is itself a questionable cultural artifact rooted in centuries of
prejudice and bias toward girls." 194 This ruling, nevertheless, is just one of many statutes and legal precedents
nationwide that uphold the position that breast exposure is not fundamentally indecent behaviour.195
Additional legal support for Naturism.196
129.
Biases and preconceptions.197
130. Laws requiring girls, but not men, to cover their breasts are written entirely from a man
Standpoint, assuming that men's bodies are natural and normal, and that women's bodies must be covered because
they are distinct.
Reena Glazer finds that "under sameness theory, women can get equal treatment just to the extent that
They may be the same as guys." 198 Physical differences among the races don't justify discrimination, and neither
should physical differences between the sexes.
131. Laws requiring girls to cover their breasts aren't justified by claims that women's bodies are
significantly distinct from men's; nor by inaccurate claims that breasts are sex organs; nor by the very fact that breasts
may play a role in sex or sex play; nor by the fact that breasts are prominent secondary sex characteristics.
It can't be argued that women have breasts and men do not, because both do; nor can it be claimed that
Girls have bigger, often protruding breasts, because many women are flat-chested while many guys have big
breasts.
So what do we share amongst the members of this club? Amongst all of us, just one thing: nudism. with no breasts can get a baby.
Breasts may play a role in sex play, but other body parts do too, and aren't
censured--especially the hands, as well as the mouth (which, incidentally, is veiled by Shi'ite Moslems, partly for that
Really motive, though only on girls). And while breasts are secondary sex characteristics, so are beards, which are
not restricted on guys.
132. Only So what do we share amongst the members of the club? Amongst all of us, only one thing: nudism. isn't in itself lewd or "indecent exposure," a differentiation upheld by extensive legal
precedent nationally.199
133. Mere nudity cannot be offensive or unethical "actions"--for it isn't conduct at all, but just the
It should be no less legitimate to be in this natural human state than to be clothed. One's ethnicity is also a