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Legal Commentary

: Althouse

"China used the so-called charge of 'hooliganism,' a catchall term that criminalized everything from premarital sex to dancing with members of the other sex and listening to Western music."

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Ma Yaohai, a 53-year-old college professor, is on trial ? for participating in a swingers' club.
Ma said his decision to join the swingers was voluntary. "Marriage is like water. You have to drink it. Swinging is like a cup of wine. You can drink it if you like. If you don't like it, don't drink it," he said in interviews with Chinese media.

In arguing that his activities involved consenting adults meeting in nonpublic places, Ma's defiance seemed to strike a chord in an era of relative sexual freedom, where extramarital affairs and prostitution are common ? drawing support from those who believe the Chinese government should stay out of the bedroom.

Entering the court at the start of the two-day trial on April 7, he blurted out, "How can I disturb social order? What happens in my house is a private matter."

Full post as published by Althouse on May 18, 2010 (boomark / email).

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