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So men and women are different. But we already knew that, didn't we?
For the entirety of the history of our country, differences between men and women have been recognized under the constitution and the law, and public policy developed by our government bodies have reflected that. The Maryland court just re-affirmed this obvious truth. What would have been remarkable is if the court had declared such bans 'unconstitutional'.
Ocean City can ban women from going topless in public, a federal judge ruled Tuesday. Judge James Bredar noted in his ruling that the U.S. Supreme Court has consistently maintained that physical differences between men and women provide a constitutionally sound basis for laws that treat men and women differently.
Bredar also determined that protecting the public sensibilities from the public display of areas of the body traditionally viewed as erogenous zones, including female, but not male, breasts, is an important government objective.
“Whether or not society should differentiate between male and female breasts is a separate inquiry from whether it is constitutional to do so,” wrote Bredar, adding that the beach town’s ban on female toplessness is substantially related to protecting the public sensibilities.
Of course this ruling does not make it unconstitutional for lawmakers to permit topless beaches and the like. But in this case, that was not what the Maryland legislature had apparently determined to do.
In my time on this planet, I have found that in areas where going topless is legal, the people you would like to see topless are not, and the ones that are topless no one wants to see that way.
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