December 23, 2005 | Sex & Society

Canadian court liberalizes sex laws

In a landmark decision that radically shifts the regulation of sexual activity, the Supreme Court of Canada has ruled that group-sex clubs are legal as long as participants are consenting adults.

The ruling says that in a diverse and pluralistic society whose members hold divergent views, the definition of indecency should not depend on what is acceptable to the community at large, but instead should be based on the harm a particular activity might cause.

"Indecency has two meanings, one moral and one legal," Justice McLachlin wrote for the majority. "Our concern is not with the moral aspect of indecency, but with the legal. The moral and legal aspects of the concept are, of course, related. Historically, the legal concepts of indecency and obscenity, as applied to conduct and publications, respectively, have been inspired and informed by the moral views of the community. But over time, courts increasingly came to recognize that morals and taste were subjective, arbitrary and unworkable in the criminal context, and that a diverse society could function only with a generous measure of tolerance for minority mores and practices."

While the ruling applies to the case of a Montreal sex club, its ramifications are far reaching. For example, gay bathhouses will not have to fear being raided under outdated "bawdy house" laws and back rooms may return to the bars. For the sexually liberated, the Supreme Court has offered up a wonderful Christmas gift.

• Top court redefines obscenity [The Globe and Mail]
• Canadian high court throws out bawdy house conviction [AVN]