[From article]
A newly amended bill from a California lawmaker would require college students to stop in the heat of passion and establish verbal or written consent before having sex anywhere on campus, reports L.A. Weekly.
SB 967, amended last week by state Sen. Kevin de Leon (D-Los Angeles), would mandate that college students obtain "an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity."
[. . .]
Despite the bill's noble intentions, not everyone is sold on the proposed legislation.
In an article for LegalInsurrection.com, attorney Hans Bader argues the language of the proposed law could make ordinary people out to be sexual criminals.
"Since most people have engaged in sex without verbal consent, supporters of the bill are effectively redefining most people, and most happily-married couples, as rapists," he said.
Bader goes even further, saying the law could violate individual privacy rights:
Requiring people to have verbal discussion before sex violates their privacy rights, under the logic of Supreme Court decisions such as Lawrence v. Texas (2003), which struck down Texas' sodomy law, and federal appeals court decisions like Wilson v. Taylor (1984), which ruled that dating relationships are protected against unwarranted meddling by the Constitutional freedom of intimate association.
http://www.breitbart.com/Breitbart-California/2014/06/04/College-Students-May-Need-Verbal-or-Written-Consent-to-Have-Sex-on-Campus
CA BILL DEMANDS VERBAL OR WRITTEN CONSENT FOR SEX ON COLLEGE CAMPUSES
by DANIEL NUSSBAUM
4 Jun 2014
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