[Posted by Jan Wijngaarden, msm-asia, 29 October 2008]
Gay sex "ok": Turkish Court
An unfortunate man caught selling group- and gay porn was judged by an Istanbul court not guilty of selling "unnatural sex" in his pornographic repertoire. He was only convicted for selling porn in an illegal location.
The Turkish Penal Code establishes higher penalties for the sale of movies that portray "unnatural" intercourse. Yet the court decided this was not the case for Mr. Unfortunate, whose name was not made public.
The verdict made reference to the principles of privacy and equality from the national constitution and the European Convention of Human Rights, to which Turkey has also submitted itself. Preceding verdicts by it were also mentioned by the court.
The referenced verdict of European court said, "Even if it shocks or brings discomfort to some members of society, gay intercourse between consenting adults is not criminal."
Precendents
In its verdict, the Istanbul court said: "Most European countries have given gay relationships the equivalence of marriage, and in Holland gay marriages were made legal a few years back. In a world of modern societies, it is not possible to say intercourse among members of the same sex is unnatural."
The verdict also read: "Since the action happens in private places and does not include children it is not criminal. The term 'unnatural sexual behavior' should be seen from a narrow perspective; otherwise there is the risk of judging every sexual relationship outside of certain limitations unnatural."
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