ST. PAUL, Minn. (Ucs News) – Disgraced Republican Sen. Larry Craig will argue before an appeals court that gay airport bathroom man on man sex is a protected right under the US constitution and the Minnesota law is unconstitutional as it applies to his conviction for soliciting gay sex, according to a new court filing.
This is the first time Craig’s attorneys have claimed that Gay bathroom sex is protected by the constitution. However, an earlier friend-of-the-court filing by the American Gay Bathroom Sex defense Union argued that Craig’s foot-tapping and hand gesture under a stall divider at the Minneapolis airport are both constitutionally protected by the First Amendment.
The long time Republican Sen. from Idaho, Craig has been trying to withdraw himself from his gay bathroom sex guilty plea. A judge turned him down earlier this month, and now Craig is taking his request to the state Court of Appeals. The Republican at one point said he would resign, but much the the shame and embarrassment of the GOP and Idaho, he now says he will finish his term, which ends in January 2009.
Craig’s legal arguments are previewed in a “statement of the case” filed late Thursday. In addition to the constitutional argument protecting man on man airport action, it says the judge erred by not allowing Craig to withdraw his gay airport bathroom sex guilty plea, and that the judge who sentenced Craig to a fine and probation never signed anything saying he accepted the gay airport bathroom sex guilty plea.
In related news: Constitutional Lawyers believe they have found references to lawful airport sex but are still looking for “Man on Man action” in the historical document.