Obama Judge Rules Colorado Law Banning Female Toplessness ‘Discriminates Against Women’

Photo Credit: George Hodan

FORT COLLINS, Co. — A federal judge appointed to the bench by then-President Barack Obama has ruled that a Colorado law banning women from going topless is public “discriminates against women” and infringes upon their constitutional rights.

“I find that plaintiffs have put forward a convincing case that [the law] is based on an impermissible gender stereotype that results in a form of gender-based discrimination,” U.S. District Judge R. Brooke Jackson wrote on Feb. 22.

“Unfortunately, our history is littered with many forms of discrimination, including discrimination against women,” he wrote. “As the barriers have come down, one by one, some people were made uncomfortable. In our system, however, the Constitution prevails over popular sentiment.”

The City of Fort Collins had passed a law in November 2015 that banned females age 10 or older from bearing their breasts fully in public, with the exception of breastfeeding mothers. Those who violate the law could face fines more than $2,000 or jail time.

But a gender equality group that advocates toplessness filed suit against the law in May, asserting that it was “discriminatory against girls, women, and LGBTQIA persons” because it allows men to go shirtless but not women.

The City of Fort Collins, and its representatives, argued in court that the law was necessary to protect children, to keep public peace and order, and to prevent distractions in traffic.

Jackson, in issuing a temporary injunction, asserted that society had wrongly created a sexual stereotype about toplessness, and said that children don’t need to be protected from seeing breasts because they have already seen them via their breastfeeding mothers.

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“The female breast, after all, is one of the first things a child sees,” he wrote. “… It seems, then, that children do not need to be protected from the naked female breast itself but from the negative societal norms, expectations, and stereotypes associated with it.”

“At bottom this ordinance is based upon ipse dixit—the female breast is a sex object because we say so,” Jackson stated. “That is, the naked female breast is seen as disorderly or dangerous because society, from Renaissance paintings to Victoria’s Secret commercials, has conflated female breasts with genitalia and stereotyped them as such. The irony is that by forcing women to cover up their bodies, society has made naked women’s breasts something to see.”

He therefore agreed with the gender equality group that the law prohibiting toplessness is discriminatory and violates the Equal Protection Clause of the United States Constitution.

“After much thought, I have concluded that going out on this lonely limb is the right thing to do. I have no more right to fall back on ‘the way we have always done it’ than others who have reassessed their thinking,” Jackson wrote.

“I find that the ordinance discriminates against women based on the generalized notion that, regardless of a woman’s intent, the exposure of her breasts in public (or even in her private home if viewable by the public) is necessarily a sexualized act. Thus, it perpetuates a stereotype engrained in our society that female breasts are
primarily objects of sexual desire whereas male breasts are not,” he said.

Jackson also noted that he recognizes “that for many people prohibiting females to be topless in public remains a significant issue of personal morality,” but added that he finds “such concerns are outweighed by the constitutional rights of others.”

The City of Fort Collins is now considering its options for appeal.


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  • InTheChurch

    Perfect, remove all morality from our society.

    • Amos Moses

      that would have to come from a group of people who understood what morality is …. and they reject that knowledge ……..

    • Ambulance Chaser

      Courts are not tasked with making decisions based on an amorphous concept of “morality.” They are tasked with interpreting laws in light of the US and state constitutions.

      • Royce E. Van Blaricome

        Thank you for once again showing your utter ignorance and complete blindness to what is self-evident.

        Of course Laws are passed due to “morality”. Sheesh! Will I ever cease to be amazed by such blatant utter nonsensical statements? I guess I shouldn’t be surprised that an Atheist would think the concept of “morality” is amorphous!!

        Ya know, I’ve never been in favor of forced sterilization but I have to admit there are some who truly make it difficult not to support the elimination of some from the gene pool.

        Congratulations to AC!! He’s just won the Plato Award for about the umpteenth time.

        “Wise men speak because they have something to say; Fools because they have to say something.” – Plato

        “Our Constitution was made only for a MORAL AND RELIGIOUS people. It is wholly inadequate to the government of any other.” – John Adams

        • Ambulance Chaser

          I’m not going to argue with you anymore. You have no interest in civil, intelligent discussion of an issue. You just want to announce how superior you are to everyone.

          Flagged, for insults and rudeness.

          • Royce E. Van Blaricome

            Glad to see your dropping your silly and nonsensical arguments. As for your faux omniscience, it’s as far off as it ever was.

            Sorry you see the truth as insulting and rude but that’s not surprising either. It IS utter ignorant to think that Laws have nothing to do with morality and it is complete blindness to see that isn’t self-evident.

          • Ambulance Chaser

            My arguments are neither silly, nor nonsensical. However, because you’re both impossible to reach and impossible to have a civil conversation with, I won’t be bothering.

            However, for the record, I don’t know what “the truth” is that is insulting and rude, but I do know that repeatedly calling people “fools,” and “nonsensical” and suggesting that my mother should have been sterilized are out of bounds.

          • Royce E. Van Blaricome

            Actually they are. Very much so. Your inability to see that due to your spiritual-blindness and continual rejection of object Truth is your problem. Not mine.

            As for your characterization of me and what is civil, well, I’ll just consider the source. And you KNOW that I’m not the only one who’s tried to help you open your eyes.

            And, for the record, God is the one who has called you a fool. I’m simply repeating what He has already said and I NEVER suggested that your mother be sterilized. YOU made that leap. I actually had you in mind when I wrote that and it was not a suggestion. Simply an observation as to why I can see how some might argue for it.

            But again, I don’t expect you to see that. You have not got a single thing right thus far.

            Oh, and btw, before you go preaching about “repeatedly calling people “fools” and “nonsensical”, ya just might wanna take a chainsaw to that Sequoia Tree in your eye.

          • FHRITP

            Not “simply.” You hide your lack of morality behind your piousness quite well.

          • Royce E. Van Blaricome

            Your faux omniscience is as pathetically bad as the others who’ve displayed theirs.

            Is that the best ya got? The best ya can do? That’s a pretty milksop attempt. Try again. And this time see if ya can do a little better.

            I appreciate all the blessings you can throw my way.

          • FHRITP

            Quite revealing you apologize in your post. Many laws have absolutely nothing to do with morality. You seem quite ignorant of this notion

          • Royce E. Van Blaricome

            Name one

          • FHRITP

            Because you cannot?

          • Royce E. Van Blaricome

            Just as I figured. Another blowhard and another winner of the Plato Award!!

            “Wise men speak because they have something to say, fools speak because they have to say something” – Plato

          • FHRITP

            No, answer “yes” and I’ll name one. Answer “no” and I won’t.

          • Royce E. Van Blaricome

            More gobbledygook from the peanut gallery. Congrats! Here’s ya go…

            Another winner of the Plato Award!!

            “Wise men speak because they have something to say, fools speak because they have to say something” – Plato

          • Ambulance Chaser

            28 USC 1331 and 1332, unless you think it’s morally repugnant to sue someone in another state in federal court for less than $75,000, but it’s morally permissible to sue them in state court.

          • Royce E. Van Blaricome

            Thank you for proving my case. And thank you for AGAIN showing your attempt at Distraction and Deception. I NEVER said anything about “repugnant”. That is addition whereby you once again show yourself to be a minion of Satan and twist the truth, attempt to distract, and to deceive.

            I appreciate you giving me the opportunity to shine the light on who you are and what you do.

          • Ambulance Chaser

            You really should stop acting so superior when you just got shown up pretty badly.

          • Royce E. Van Blaricome

            LOL. Is that the best ya got? LOL Typical empty rhetoric by a Liberal who can’t engage in facts, logic, and reason. Gotta resort to the personal attacks and ad hominems!! LOL And this coming from the guy who just accused me of being insulting and rude. LOL

            Oh how I love it when you folks completely discredit yourself by opening your mouths and showing who you are. C’mon back with some more of that fine example.

            As for my being superior, that all depends on how one looks at it. On one hand I’m no better or worse than any other human being. On the other hand, I am far superior to you or any other Unbeliever. For I am Born Again. A New Creation. A child of the Most High God. Blessed and Highly favored. Clothed in the Righteousness of Christ. Joint-heirs with Christ in His Kingdom.

            And that exceeds the superiority of which I can’t even imagine. But can’t wait to see!!

        • johndoe

          More of those christian morals I see. It’s no wonder atheists are climbing in numbers

          • Royce E. Van Blaricome

            No, you really don’t see. You’re as blind as can be and just won’t acknowledge it.

            And it’s really no wonder at all that you’re an atheist and the numbers are climbing. That’s exactly what God said would happen and it’s exactly what Jesus said:

            “This is the judgment, that the Light has come into the world, and men loved the darkness rather than the Light, for their deeds were evil. 20 For everyone who does evil hates the Light, and does not come to the Light for fear that his deeds will be exposed.” (Jn 3:19-20)

          • johndoe

            I love it when people quote fables. Very entertaining. Not blind at all. Supernatural beings don’t exist. You may as well quote Dr Seuss.

          • Royce E. Van Blaricome

            Goof 4U. Begs the question of what you’re doing on here though because you’ll find nothing to love here. No fables being told.

            So evidently you are blind. You show it with every post you make on here. Which begs the question again, what are you doing on here? What exactly do you expect to accomplish? More continued evidence of your Delusion? Your Denial?

            The Bible is the living, breathing, literal Word of God. God Almighty has given us His Word to shine light on the darkness. And it is GOOD!! Here, let me share some of His Truths with you to show your foolishness:

            “All Scripture is breathed out by God and profitable for teaching, for reproof, for correction, and for training in righteousness” (2nd Tim. 3;16)

            “The fool has said in his heart, “There is no God.”” (Psa 14:1, 53:1)

            Dr. Seuss wasn’t real. That was a fictional character created by a Man who wrote the book. Almighty God is real and He created Man which is not fictional either. So your statement falls woefully short and reveals once again who you are.

          • johndoe

            Nope. There is zero evidence or proof of any supernatural beings. Good rant though!

          • Royce E. Van Blaricome

            Nope. There’s plenty of evidence and proof for God. Pull your head outta your six and open your mind. It’s there for those who don’t wanna live in denial.

          • johndoe

            Satan?? LOL! That old lake o’ fire routine always makes me smile.

          • Royce E. Van Blaricome

            Well, smile while ya can. The day is coming when you’ll NEVER do it again. Can’t smile in torment while gnawing your tongue and gnashing your teeth.

          • johndoe

            Sure I will ……lol!

          • Royce E. Van Blaricome

            Yup. You sure will.

          • johndoe

            Funny

          • Royce E. Van Blaricome

            Thanks!

          • Balerion

            I am curious about one thing, Royce – how is it that you are able to breathe at all with your head inserted so far up your rear end?

          • Royce E. Van Blaricome

            LOL!! Is that the best ya can do? Thanks for the blessing!! Got anymore? I would say that ya should try to come back with at least some kind of an intelligent statement but you’ve just demonstrated your intelligence quite well and we can all see now what a waste it would be to say that.

            So I’ll leave ya with a couple things to ponder. You can think about these while you hold your Plato Award!!

            A wise man once said it is better to keep your mouth shut and not show your ignorance than open it and remove all doubt. You should work on your wisdom a bit.

            “Wise men speak because they have something to say, fools speak because they have to say something” – Plato

          • FHRITP

            Zzzzzz….See little pony, the Plato quote, the Proverbs quote, inappropriate laughter and praise. To that your incessant insult to another’s intelligence and question about the best he/she can do. You’re nothing. Not even that smart. Certainly not clever and witty.

          • Royce E. Van Blaricome

            LOL.”little pony” LOL Why that’s almost as good as your “No wonder pretty girls think you are a real creep.” LOL

            ROTFLMBO!!!!!!!!!!!!!!!! This right after anoher one of your little mini-sermon diatribes about insulting others. LOL Oh how love it when you generation of vipers publicly display the Giant Sequoia Tree sticking outta your eye socket! LOL

            C’mon, got anymore faux omniscience and deluded god-complex narcissistic behaviors ya wanna display now? I could use another blessing. LOL

            Oh, that truly was funny. I actually gotta really good belly busting laugh outta that one. C’mon back with some more of that preaching and be sure to call me the hypocrite again! LOLOLOLOL

            Thanks for publicly displaying why you really come to a CHRISTIAN page.

            In Internet slang, a troll (/ˈtroʊl/, /ˈtrɒl/) is a person who sows discord on the Internet by starting arguments or upsetting people, by posting inflammatory,[1] extraneous, or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the deliberate intent of provoking readers into an emotional response[2] or of otherwise disrupting normal on-topic discussion,[3] often for their own amusement.

            From Psychology Today: “Internet Trolls Are Narcissists, Psychopaths, and Sadists. An Internet troll is someone who comes into a discussion and posts comments designed to upset or disrupt the conversation. Often, in fact, it seems like there is no real purpose behind their comments except to upset everyone else involved. Trolls will lie, exaggerate, and offend to get a response.”

            Now isn’t that just a perfect fit for that comment?

            Thanks for showing who’s really not all that smart, clever, or witty. Rather just a fool.

          • Balerion

            And since you clearly have nothing to say, what does that make you?

          • Royce E. Van Blaricome

            Actually, I said quite a lot there. Perhaps you overlooked it. It’s right above your empty rhetoric. Go back and read it. There’s a lot that applies to you as well but I won’t bother repeating it here – this time.

            You did however win yourself another Plato Award!

            “Wise men speak because they have something to say, fools speak because they have to say something” – Plato

        • Michael C

          “Our Constitution was made only for a MORAL AND RELIGIOUS people. It is wholly inadequate to the government of any other.” – John Adams

          I think you’re misunderstanding this Adams quote.

          He’s saying that our Constitution is “inadequate” to govern immoral people precisely because it doesn’t legislate morality. It outlines our freedom. He’s saying that a free society must self-govern morality.

          • Royce E. Van Blaricome

            That’s what you get for thinking when you’re not used to it. Nice attempt to twist what was actually said. Adams’s intended meaning can be easily seen by anyone who chooses to go look at what he actually wrote. Like, for example, the Constitution for Massachusetts.

            But hey, your comment is no surprise. That’s what you do. You’re repeatedly shown on here that you employ the tactics of your father, Satan, who seeks to steal, kill, and destroy.

            I get it. It’s who you are.

          • FHRITP

            Instead of holding conversations with yourself, replete with “But hey,” “I get it,” “Oh and btw” type comments, why don’t you state your position and spare us the commentary filler. We all know you’re the sharpest ginsu knife in the drawer. And what’s with your moronic, unoriginal screenname? Get that from the “Harry Potter” rejected character name pile? Couldn’t choose anything less original than the middle initial “E,” huh? PS. When someone insults you, instead of cowardly “consider[ing] the source,” instead consider the statement. The source of any observation as you should know is irrelevant to the validity of that observation. Cue your broken record Plato line…

          • Royce E. Van Blaricome

            Evidently, you too have a problem with the English language. How is it that everybody but you can see who’s name is beside the Reply Symbol?

            I have stated my position, Numerous times. Perhaps if you could actually read English and didn’t just spout off at the mouth to hear yourself talk, you could see that.

            What’s with my ORIGINAL screen name? It’s as ORIGINAL as ya can get. Only one in all History. Ain’t nothing cowardly about me or my remarks. Unlike you. Uh, it’s called Transparency for one. Unlike YOU! At least I don’t have to cowardly hide behind some set of initials that only God knows what it stands for.

            As for the rest of your moronic advice, I’ll just consider the source and put it in the garbage pile with the rest.

            Thanks for the blessing!

            Now, not only will I not cue the Plato line, I’ll award you another!!

            A wise man once said it is better to keep your mouth shut and not show your ignorance than open it and remove all doubt. You should work on your wisdom a bit.

            “Wise men speak because they have something to say, fools speak because they have to say something” – Plato

        • Tangent002

          Laws do not enforce morality, they protect rights.

          • Royce E. Van Blaricome

            Nice try. While you are correct in that Laws do not “enforce” morality because it takes the Law Enforcement Officers to do so and the judges subsequent to that, Law DO set the standards for Morality. When one is said to have been given a “Right” it is given a standard of Morality with it. Regardless of how immoral that might be. Laws either set a standard equal to what is Moral or they diminish it.

            Now, why did you see fit to publicly display such a foolish answer?

          • FHRITP

            Priceless! Tangent gets 4 upvotes (a lot on this thread), yet village idiot #2 here both tells him he’s correct, then launches into another nonsensical rant, complete with nonsensically capitalizing random words. And of course…no upvotes.

          • Royce E. Van Blaricome

            LOL!! Priceless!! You just proved your “The source of any observation as you should know is irrelevant to the validity of that observation.” You guys are a riot!! SMH.

            Like 4 upvotes by God-haters on a CHRISTIAN page have any meaning whatsoever. LOL You guys really do need to come up with something of SOME substance. Maybe then you’d stop embarrassing and completely discrediting yourselves. It’s almost like y’all enjoy looking like idiots.

            You inability to understand logical, reasonable, and quite sensible comments don’t make them nonsensical or a rant. That only, again, shows your ignorance.

            And LOL, as for “upvotes”, we Christians don’t need them to find our self worth. Ours is already found in Christ and that means a whole LOT more than any amount of upvotes you’ll ever get.

            Get a grip, will ya! Sheesh.

          • FHRITP

            What’s with all the inappropriate laughter, the numerous inappropriate “LOL’s?” Where’s my Plato line and Mark Twain line?

          • Grace Kim Kwon

            Laws are evil and lawless if they are not based on morality. Moral people’s rights first.

      • Nedd Kareiva

        You would do well to recall the words of our second president, John Adams – “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

        He begs to differ with you. And so do I. And so millions of Americans.

        • Ambulance Chaser

          Okay, but you’re all wrong. Our legal system is based on precedent, not any given judge’s present opinion about what is moral.

  • Patriot

    Why are their double standards?

    Because there are TWO sexes. DUH!

    • And this, ladies and gentlemen, is the basis of discrimination in favor of womens’ breasts. Womens’ breasts should be treated with special modesty, because they are completely amazing, unlike men’s breasts which are, by comparison, completely unremarkable.

      • Tangent002

        All the women I know think shirtless men are “completely amazing”, depending on the man, of course.

        • johndoe

          The “women” you know are gay men.

  • Trilemma

    Yipee!

  • Steve Buckley

    cool. Now we get to see half-naked women walking around on summer days, and evenings…. Curious how long it’ll be before we start seeing this on TV, Billboards, etc…..
    sigh….. God have mercy— PLEASE!

    • Bob Johnson

      You will need to avoid BBC programing, nudity came to the small screen 30 years ago.

      • Steve Buckley

        Thank you for letting me know.
        I’ve never watched bbc programming. Few shows I have watched never had any.

  • Grace Kim Kwon

    Skin-showing women are a public disturbance because they endanger other women and children. Men who see women’s skin all the time do not respect women and have lust even over the children. Nudism is a suicidal thing for the civilized Earthlings. At least Christian women should be dressed properly with modesty so that men won’t be encouraged to sin. ( Matthew chapter 5)

    • Tangent002

      So you’re fine with Burkas?

      • Grace Kim Kwon

        Burka is not good health-wise for the wearers. It can be also easily misused, as the inside person is invisible from outside. Dress like the Amish people or Queen Elizabeth II with cheaper designs and cheaper materials.

        • Tangent002

          QE II was quite stylish in her youth and preferred strapless gowns with bare shoulders.

          • Grace Kim Kwon

            No, her usual avarage outfit for public. Shoulders covered and knee-hiding skirt length with no deep splits.

          • johndoe

            Your god didn’t seem to have an issue with nudity in the garden of eden?

          • Grace Kim Kwon

            Nakedness was innocent then. Sin entered and things have changed. Now people need coverings. Read the Book of Revelation ch.2-3. Things do not stay the same.

          • johndoe

            Nudity is nudity. More of your usual blah, blah, blah……

          • Grace Kim Kwon

            Sin marred a lot of things and changed a lot of systems. You are the one who refuses to learn anything properly. American hedonists are that way with everything.

          • johndoe

            Not a hedonist. Nothing wrong with nudity.

          • Grace Kim Kwon

            You are wrong. Beholding obese people’s nudity destroys healthy brain cells. All other nudity destroys people’s morality and character. Stay clothed properly.

          • Tangent002

            You mean she bared her ankles? SCANDALOUS!

          • Grace Kim Kwon

            Ankles are okay. They are visible even with long skirts.

  • Balerion

    “If your eye causes you to sin then pluck it out.”

    • Elca

      And if you do women will put then back in, for they would rather you see them and come after them.

  • Trilemma

    “Free your breasts, free your mind.”

    Expect this movement to spread.

  • William Pickering

    I generally find fellow Christians attitude toward women having the same topless rights as men identical to their attitude toward black people having the same social rights of whites, back when that was a hot topic. Both claimed modesty, and the Bible as the source for their objections.