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Breaking News      Court Orders No Sex For Gay Man In A “Legally, Intellectually and Morally” Challenging Case
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06 February 2011
 
Court Orders No Sex For Gay Man In A “Legally, Intellectually and Morally” Challenging Case
 
When should a government take control of a person’s sex life?  If
no-one is being hurt, if no-one is being compromised, if there is
consentual

sex should the state have the right to stop a person or a couple from
engaging in sex?

 
That’s the question that has been put to a British court, who
decided that it was in the interests of a man and his lover them to be
denied sex.



  
Alan, as he was known to the court, was diagnosed with a very low IQ of 48. 
 
Health authorities believed Alan would not be able to understand
the most basic concepts of sex education.  He would not be able to
comprehend the information, simply leaving him confused. 
 
And yet Alan had the ability to articulate his enjoyment of sex and that he was happy with his relationship with the other man.
 
The controversy began in 2009 when the town hall made an application to stop Alan visiting his boyfriend, Kieron. 
 
In evidence given to the court Alan was described as having a
vigorous sex drive and had formed a relationship with a man he was
living within council apartments.
 
Disregarding it appearing to have been a relationship where both
parties had consented to, the court ordered that Alan be placed under
heavy surveillance to ensure he did not engage in sex.
 
Evidently the court saw this as one of the most confronting cases,
in which it was required to weigh up the rights of Alan to make
decisions for himself and his ability to make those in an informed way,
as in knowing the dangers and risks.
 
In summing up the case Judge Mostyn described sex as “one of the
most basic human functions”.  Having said that, the Judge believed that
Alan did not have the intellectual capacity to understand the health
risks of the sex he was engaging in. 
 
This case is one of the few in which a government has remove the
right of a person to have sex, when they are not a danger to others.  
 
What make the decision so questionable was the strong statement of
pleasure that Alan received from the relationship.  “I want to kiss them
again.”

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References:

http://www.montrealgazette.com/life/with+judge+rules/4231131/story.html

http://www.dailymail.co.uk/news/article-1354025/High-Court-bans-man-low-IQ-having-sex.html

 
 
 
 
 

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