BDSM Orientation : A Human Right?
» Fetish and the Law
The British Columbia Human Rights Tribunal will be hearing the case of man who was denied a chauffeur’s permit because of his participation in BDSM. Vancouver Police Department claimed that his involvement in BDSM made hims a threat to society.
“Neither the precise nature of Mr Hayes’ lifestyle practices “and preferences, nor the parties’ use of the term ‘BDSM’ or other related terms is absolutely clear on the materials before me,” Lyster wrote at the time.
However, she found that “the ground of sexual orientation is not exclusively status or identity based, but also protects against discrimination on the basis of behaviours engaged in as a result of a person’s orientation. If it were otherwise,” Lyster wrote, “the prohibition on discrimination on the basis of sexual orientation would offer scant protection indeed.”
This is probably the first - very provisional, tentative - legal case where BDSM sexual orientation will be considered as a human activity entitled to protection from discrimination.
Judges reject claim that kinky sex not protected