Federal Court: No Constitutional Right to Engage in Consensual BDSM

Federal Court: No Constitutional Right to Engage in Consensual BDSM

ALEXANDRIA, Va. — A federal court recently ruled that there is no constitutional right to practice consensual BDSM sex.

The case at hand centers on plaintiff John Doe, a student who was expelled from George Mason University for allegedly having sex with a woman without her consent by refusing to stop a BDSM sexual act when his sexual partner uttered their safe word — “red.”

Doe sued the university when administrators expelled him after he was probed by the school’s Sexual Misconduct Board, which held a 10-hour hearing on the matter.

Jane Roe, Doe’s BDSM partner, claimed a “substantial procedural irregularity” had occurred since his first exoneration— “in Roe’s view, plaintiff confessed” after he later replied to a conversation with Roe via a taped telephone conversation made by school detectives.

According to court documents, Roe asked him “why [he] never stopped when [she] used the safe word.” Doe replied that he “felt like [she] could handle it.” 

In his lawsuit against the school, Doe contended that George Mason University administrators “disregarded” the context of his relationship with Roe and instead acted like BDSM sex was “per se sexual misconduct.”

Doe argued that the university administrators’ decision to not understand the context of the relationship between Roe and him stood in violation of the U.S. Supreme Court case Lawrence v. Texas, which struck down laws against consensual same-sex intimate activity between adults.

Last month, U.S. District Judge T.S. Ellis III dismissed the case through summary judgment, ruling that the university had violated Doe’s right to due process by not handling the appeals process properly.

However, Ellis in his ruling, said there is no constitutional right for consenting adults to engage in BDSM.

“Engaging in BDSM sexual activity is clearly not protected” under the U.S. Constitution, Ellis said. “[T]here is no basis to conclude that tying up a willing submissive sex partner and subjecting him or her to whipping, choking, or other forms of domination is deeply rooted in the nation’s history and traditions or implicit in the concept of ordered liberty.”

Because such activity “poses certain inherent risks to personal safety,” the court said, governments could claim a legitimate interest in regulating it for “the protection of vulnerable persons” who have chosen to enter BDSM relationships.

Ellis in his decision said that, “consistent with the logic of Lawrence, plaintiff has no constitutionally protected and judicially enforceable fundamental liberty interest under the Due Process Clause of the 14th Amendment to engage in BDSM sexual activity.”

View ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Elizabeth Skylar Performs Her 1st Anal for Elegant Angel

Elizabeth Skylar performs her first anal scene alongside Danny Mountain in the latest release from Elegant Angel, directed by Mad Creativity.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Leilani Li Leads Latest From TransAngels

Leilani Li stars with Michael Vente in the latest release from TransAngels, titled "Spin and Score."

RaveBunnys Names Richard Glaze Co-Owner and Head of West Coast Studio Operations

RaveBunnys has named Richard Glaze as its new co-owner and head of West Coast studio operations.

Zariah Aura Talks Stardom, Trans Visibility and Living Her Dreams

Not every successful performer can tell you the exact moment when they finally felt like they’d “made it,” but Zariah Aura can. For her, it was making her Brazzers debut at the beginning of this year.

Show More