US Supreme Court says it will not take up a challenge to a city ordinance banning women from appearing topless in public; a group with the motto 'Free The Nipple' argued that the law violates the Constitution by treating men and women differently.
The legal dispute began in 2016 when Ginger Pierro did her yoga exercises topless at a lakeside beach in Laconia, New Hampshire, and was arrested for violating the city ordinance banning public nudity. It banned, among other things,"the showing of the female breast with less than a fully opaque covering any part of the nipple."
The New Hampshire Supreme Court rejected their challenge, acknowledging that the law treats men and women differently. But the sexes"are not fungible" with respect to the traditional understanding of what constitutes nudity. Public exposure of the female breast"almost invariably conveys sexual overtones," the state court said. Most lower courts have come to the same conclusion.
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