Group sex among consenting adults is neither prostitution nor a threat to society, the Supreme Court of Canada ruled on Wednesday as it lifted a ban on so-called “swingers” clubs.
In a ruling that radically changes the way courts determine what poses a threat to the population, the top court threw out the conviction of a Montreal man who ran a club where members could have group sex in a private room behind locked doors.
“Consensual conduct behind code-locked doors can hardly be supposed to jeopardize a society as vigorous and tolerant as Canadian society,” said the opinion of the seven-to-two majority, written by Chief Justice Beverley McLachlin.
Vigorous and tolerant Canadian society may well be. But I'll bet there's a raft of great and good reasons--all quite nonjudgmental, of course--why Justice McLachlin would never permit such a club in her own residential neighborhood.
Vice is always present in every society. But it works its greatest evils when that society stops resisting. People who consider the writ of law as the be-all and end-all of society rarely even see the danger coming.