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Devil's Advocate: Is Kinky the New Oppressed Minority?

Devil's Advocate: Is Kinky the New Oppressed Minority?
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When the details of one's kinky life become public, it can be embarrassing, to say the least. But for some, it can lead to more dire consequences—loss of a job or place to live. Minority groups are protected from this kind of discrimination. But what about kinksters? Do they deserve the same protection from discrimination because they do things others consider objectionable?

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Comments

You know, I, personally, wish Roland was entirely wrong here. Philosophically, I think all people should be free to behave as they choose as long as they are not infringing upon the rights of others.

Legally, I don't think kinky folks are or ever will qualify as a minority group—but that doesn't mean that perhaps laws should be examined for how they deny anybody (regardless of kink, color, or opinion) the basic right to express themselves without being denied employment or living quarters or the right to raise their children.

He's right—this isn't the world we live in—but it is, perhaps, the world we should aspire to create.

03/07/2011
Conrad  

I don't think that every living person can be counted as a minority. Everyone is a pervert.

03/07/2011

I do like this article, as it does bring up many good points. However, I must say, on the topic of discrimination being *only* towards something you cannot choose, that's not entirely factual.

Say, religion for example. As a Wiccan, I have been discriminated against quite a bit (even publicly rebuked in school, by a very intolerant girl in front of my Creative Writing class). Not many would dare think that discrimination of religion doesn't occur, or that it is not considered actual discrimination.

However, a religion is technically considered a choice, because one is not initially born believing in a religion. One is taught different religions and also people make choices on which one, if any, to follow based on what they personally believe.

There are many other examples too. Just because the target of one's discrimination revolves around a choice, does not make it any less wrong, or any less of discrimination.

So, with all that in mind, and also the fact that discrimination of religion (and other examples) *does* exist, it is not too far out on a branch, nor inconceivable, to believe that basically, discrimination of other choices, (like being kinky) is actual discrimination as well.

Whether it's actually something that can or will be protected by law, I do not know. I would honestly *hope* so, though, as I believe that what goes on in someone's bedroom (as long as it doesn't involve children, animals, etc., and as long as there is informed consent) is their business and should *not* be used against someone for the purpose of firing them, evicting them, and otherwise screwing with their lives (that and I know I wouldn't want my job or housing to be in jeopardy because I am kinky, myself).

I'm not trying to put the author down, not at all, I'm just trying to bring up a point that, yes, discriminating against something that someone chooses, is still discrimination.

03/07/2011

Also, as far as the bit on "forcing others to accept your lifestyle", I am accepting of other people's religions, even when their religions say that technically they should kill me: "Thou shalt not suffer a witch to live", anyone? Or the fact that I should be stoned to death because I had/have premarital sex.

Just because I accept people of other religions (even the ones that technically say they need to kill me) and because I am open-minded and respect them and their beliefs, doesn't mean that I necessarily like every part of their religion (there again, with the whole, "Technically they should be killing me right about now and running after me with rocks" bit).

This can tie in to the whole "being open-minded towards kinks" part, because people don't have to like every single thing we do. But just as long as they think, "Hey, what you do in your spare time is your business" and don't feel the need to use the fact that we're kinky to try and basically make one's life miserable, get us fired from our jobs, and evicted from our homes, then fine.

I'm not saying that "Oh, Vanilla person, you absolutely, *have* to know that I like being tied up and spanked, AND YOU'LL BLOODY WELL LIKE IT (*Rawr!*)", just that a simple acceptance of "Hey, I'm not into that, but you're a good person anyway, and that's okay."

03/07/2011
LScribbens  

So let me get this straight: people renting rooms at the hotel in Wisconsin to cheat on their spouses is okay, but people renting rooms to have consensual sex with someone other then their spouse is not?

Messed-up logic if you ask me.

03/07/2011
JoWeldon  

The definition of discrimination doesn't require that the people against whom the discrimination is acted upon be a member of a minority.

Also, prejudice isn't an action and isn't illegal; discrimination is an action and is likely to be illegal. If these prejudice and discrimination are confused it's impossible to make a meaningful legal argument.

There is legal precedent for actionable discrimination based on sexual orientation, of course [http://employment.findlaw.com/employment/employment-employee-discrimination-harassment/employment-employee-gay-lesbian-discrimination/] But that doesn't mean that sexual behavior and sexual orientation are the same thing, legally speaking.

03/07/2011
JoWeldon  

I'm super jetlagged, pardon my grammar!

03/07/2011

Hey Persephone Nightmare! Great point - but do you REALLY have any choice over your religion? Surely what you believe is what you believe - hence why Christians continue to worship despite being persecuted in Muslim countries, and Muslims worship here despite the tea party yelling 'Go Back Home' in front of mosques. My understanding of faith is that, by definition, you can't pick and choose it.

Jo - interesting point. Although if you look at many legal precedents - like affirmative action - it doesn't sometimes seem like discrimination is only considered so if the party discriminated against is a minority. But you're right to separate prejudice and discrimination - a very important distinction I wish I'd made more of in the article.

03/08/2011

I think it's fundamentally unfair to say that people are "born homosexual" but to assume that those same people became kinky all on their own. If a non-sexual infant who becomes gay as he grows older is "born gay", why not the non-sexual infant who becomes kinky? Or promiscuous? I knew that I was into kinky things around the same time I knew I was into sex at all in the first place. I knew I was turned on by sex with lots of people and submissiveness long before I ever had sex.

Who are you to say I wasn't born a slut?

03/09/2011
Jack Jones  

It's not just kink, but all areas of sexuality are discriminated against.You only have to post naked photos of yourself on the Web, and you could be out of a job. But get a speeding ticket, or photographed drunk, is no problem. Just this week, the American Association for Nude Recreation posted a nudist Bill of Rights, see here: [http://www.aanr.com/nudist-bill-of-rights]

The reason we general don't talk about our sex lives, is because we tend to get judged. The law should protect us all.

03/09/2011

I like this article....but will keep my Kinky to myself and others like me aka my eden fam

03/10/2011

This past week we've had a teacher busted for porn she filmed 20 yrs ago and a professor fired for being a burlesque performer. Do we want robots teaching our kids? Or can we accept humans as being multi-faceted? How come teachers are held to this unrealistic standard but sports players are not?

03/14/2011

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