Cuffs fights for BDSM rights
February 18, 2004
There have been racial rights, women’s rights and most recently, gay rights movements in the United States. But what about bondage, discipline, domination and sadomasochism rights?
This is the next step in civil rights movements, some ISU American Civil Liberties Union members and Cuffs members said as they gathered Monday to discuss the issue and hear from Cuffs president Harlan “Duane” Long Jr. in light of the university charging Cuffs, an ISU student organization that teaches BDSM practices, with assault.
“Cuffs is part of a burgeoning social movement on behalf of the BDSM community. It’s time someone took a stand,” Long said. “BDSM should be an accepted social activity if done safe, sane and consensual, as Cuffs promotes.”
He said the university could help BDSM gain acceptance by ruling in favor of Cuffs at an upcoming hearing that will determine whether it is responsible for assault violations. “The university has an opportunity to be forward looking and progressive in the equal rights arena with their ruling,” Long said.
Cara Harris, president of the ACLU at Iowa State, said she believes BDSM rights are discriminated against in Iowa law.
“I think the way assault laws have been used to discriminate against BDSM activities are similar to the ways sodomy laws have been used to discriminate against the gay community,” Harris said. “It’s a consensual act. It’s a lifestyle choice, and it deserves respect.”
Bethany Schuttinga, director of Judicial Affairs, said she based her decision on case law and legal opinions submitted to her by Keith Bystrom, associate university counsel. The case Schuttinga used, State of Iowa v. Edward Collier, ruled sadomasochistic activities were not exempt from Iowa’s law. Under Iowa law, sports, social and other activities are not assault because they do not create an unreasonable risk of serious injury.
“We’re not discriminating against Cuffs. We’ve looked into a specific situation and based on that circumstance and in review of Iowa code, charges were warranted,” Schuttinga said.
Long said he understands the legal precedent and why the university decided charges were warranted, but said he will try to change Schuttinga’s mind. “The ability to use them in that way is ambiguity combined with negative beliefs about the BDSM community,” Long said.
He said a distinction needs to be made between sensation and harm.
“If anything that causes pain is seen as assault, it’s very problematic. Because, does this mean we lock up athletes who work out until they hurt themselves? Are they assaulting themselves?” Long said. “These activities would be exempt, however, under Iowa law as sports activities. But, the fact that the exemption doesn’t extend to BDSM is ad hoc.”
Chuck Hurley, president of the Iowa Family Policy Center, said he disagrees with Long.
“I’m very pleased with the university doing the right thing in pursuing an investigation,” Hurley said. “I hope there will be a renewed epic for respect in student relationships, and not help to support the disrespectful relationships Cuffs promotes by degrading them to beating someone.”