SEX IS DEATH. (Privates' privacy)

I came to Carthage, where I found myself in the midst of a hissing cauldron of lusts. I had not yet fallen in love, but I was in love with the idea of it, and this feeling that something was missing made me despise myself for not being more anxious to satisfy the need. I began to look around for some object for my love, since I badly wanted to love something. —St. Augustine, Confessions



Judge: No credible evidence underage sex always harmful

My guess is Judge Marten doesn't get out much and doesn't read the papers.

Or maybe he doesn't have kids.

Or maybe he does and just doesn't give a damn.

A federal judge hearing a constitutional challenge to a Kansas law requiring doctors, teachers and others to report underage sex between consenting youths said the state presented no credible evidence that underage sex is always harmful.

U.S. District Judge J. Thomas Marten stopped short of issuing a decision from the bench, but he repeatedly interrupted Thursday's closing arguments by Assistant Attorney General Steve Alexander to challenge his assertions.

"Motives are irrelevant - I want to deal with facts," Marten said. "Where is the clear, credible evidence that underage sex is always injurious? If you tell me because it is illegal - I reject that," Marten said.

A judge rejecting the relevance of Positive Law. Now there is ground for impeachment.

The lawsuit filed by The Center for Reproductive Rights, a New York advocacy group, stems from a 2003 opinion issued by Kansas Attorney General Phill Kline's opinion requiring health care providers and others to tell authorities about consensual sex by underage youths.

The group contends that forced reporting discourages adolescents from seeking counseling and medical treatment and violates their rights to informational privacy.

Let us ponder the endarkened concept known as "informational privacy"...Now, don't overdue it, kiddies. Your ears may begin to bleed.

The Attorney General's Office contends the statute requires mandatory reporting because sex is inherently harmful to underage children. In Kansas, the age of consent is 16.

At issue in the Kansas case is what the Legislature meant when it wrote the statute to say that doctors and others must have a "suspicion of injury" caused by abuse and neglect to trigger mandatory reporting.

Marten has repeatedly asserted during the two-week trial that wording appears to indicate that the Legislature meant to vest some discretion. On Thursday, he said he would extend that same discretion not only to health care providers but also to teachers, social workers, firefighters and others required by law to report child abuse.

Bonnie Scott Jones, the attorney representing the Center for Reproductive Rights, said in closing arguments that before Kline issued his 2003 opinion, health care providers and others could exercise judgment about what to report. She said they have never been offered assurances they would not be prosecuted if they failed to report consensual sex among minors.

"The Kline opinion has very much changed the legal landscape in Kansas," Jones said.

She urged the court to issue a permanent injunction to eliminate that threat of prosecution.

See how Big Babykilling works to protect its profit margin through its mouthpiece, B.S. Jones. (Some parents are truly inspired when it comes to naming the offspring they allow to live.)

During closing arguments by Alexander, the judge questioned the credibility of the state's expert witnesses who testified that underage sex should always be reported, but acknowledged under questioning they themselves were qualified to decide in their own practices whether it was appropriate to report it.

Marten told the state's attorneys they presented no credible evidence because he did not buy that "holier than thou" approach by their witnesses, saying he questioned their credibility because they don't adhere to the same standards they are espousing.

It does not take a whole lot of holiness to be holier than thou, Judge Marten.

While the Kline opinion may have had no legal effect on how county attorneys prosecute their cases, the judge said, it was nonetheless the "catalyst" that raised serious questions among health care providers and others in Kansas about what consensual sexual activities between same-age minors needed to be reported.

"People who are affected by this statute absolutely have a right to know," Marten said.

The judge also noted that Kline and Sedgwick County District Attorney Nola Foulston, both named defendants in the lawsuit, had different interpretations of what sexual activities must be reported.

Some people do not believe "pulling a Clinton" is sex. Like Bill himself.

Kline testified that only significant penetrative sexual acts, such as sexual intercourse, needed to be reported. He even said on the stand that an underage girl performing oral sex on a boy need not be reported, but that a boy performing oral sex on a girl may need to be reported.

Gene Simmons, call your office.

Foulston testified that any underage sexual contact between minors, such as the fondling of a girl's breasts, needs to reported.

Alexander told the judge that he couldn't respond to what was "seemingly in the eyes of the court a huge hypocrisy" by the witnesses. But he told the judge that the plaintiffs can't claim informational privacy where there is illegal sex among underage minors, and rejected claims that the state's reporting law was vague.

What if somebody serves one of those kids a highball in front of me? Am I obligated to call a cop?

"They just don't like it. There is no evidence they don't understand it," Alexander said.

Assistant Attorney General Scott Hesse, who is representing Foulston in the lawsuit, said in his closing arguments that Kansas is looking out for the health of its children through the statute, which falls under its child protection laws.

"It is a crime to have sex with minors and it is a crime for minors under 16 to have sex. ... Since it is a crime, it is also a cause for mandatory reporters to report the crime," Hesse said.

That makes too much sense. His law school must not have been Ivy League.

The judge said he would try to issue his written opinion early next week.

Part 1: SEX IS DEATH. (Stories for Boys) is here.
Part 2: SEX IS DEATH. (Distaff Death) is here.
Part 3: SEX IS DEATH. (Joyously dispensing death) is here.
Part 4: SEX IS DEATH. (Sex is depression) is here.
Part 5: SEX IS DEATH. (When self-pleasuring becomes self-destruction) is here.
Part 6: SEX IS DEATH. (Sex is theft) is here.
Part 7: SEX IS DEATH. (A review of Bareback Mountain) is here.
Part 8: SEX IS DEATH. (What is the ultimate penalty?) is here.
Part 9: SEX IS DEATH. (Haven from reality) is here.
Part 10: SEX IS DEATH. (Sin-redemption-reasons-reason) is here.
Part 11: SEX IS DEATH. (Mommy loves you) is here.
Part 12: SEX IS DEATH. (George Gilder offers a clue) is here.
Part 13: SEX IS DEATH. (Post-killem depression) is here.
Part 14: SEX IS DEATH. (Whither womanhood) is here.
Part 15: SEX IS DEATH. (Saving psychology 1) is here.
Part 16: SEX IS DEATH. (Saving psychology 2) is here.
Part 17: SEX IS DEATH. (Fear of the boomers) is here.
Part 18: SEX IS DEATH. (The battle continues apace) is here.
Part 19: SEX IS DEATH. (Hot for teacher) is here.
Part 20: SEX IS DEATH. (Kids do the darndest things) is here.
Part 21: SEX IS DEATH. (Defects) is here.