Wednesday, February 20, 2013

Istanbul court contradicts Turkey's Supreme Court, says gay sex can't be considered unnatural sex, like necrophilia and bestiality

Unrelated: Ahmet Yildiz, 26, above, left, with his
German-Turkish boyfriend Ibrahim Can), died after his father,
Yahya Yildiz, 49, allegedly shot him in Turkey's first suspected
gay-related "honor killing." (Towleroad)
The ruling, by an Istanbul court of the first instance, applied to a trader caught selling 125 DVDs of gay and group sex who faced up to four years in prison according to article 262/2 of the Turkish penal code that prohibits owning, trafficking, distributing and publishing ‘unnatural sex’ videos.
     Judge Mahmut Erdemli, however, ruled that sexual orientation can not be considered as ‘unnatural’ and should be respected.
     The ruling contradicted a previous decision of Turkey’s supreme court that did include gay sex in the category of ‘unnatural sex’.
     In support of his decision Erdemli cited examples of the legality of gay marriages in Europe and North America.
     Erdemli differentiated gay sex from necrophilia and bistiality which he agreed were right to be classified as ‘unnatural’.
     Erdemli was quoted by the daily Haber Turk as saying: "most of the European countries see gay relationships as equivalent to marriage... Contemporary societies allow [gay relationships] to achieve this legal status and therefore the contents of the DVDs can not be seen as unnatural’.
     The erotica entrepreneur got eight months for "unauthorized" selling of porn.
     The criminal division of Turkey's supreme court criticized the ruling saying that gay and group sex are unnatural and that the court was wrong not to accept them as a crime.
      A spokesperson for Turkish LGBT rights group KAOS GL told GayStarNews: "Even if the supreme court will not accept this ruling - this sets a very positive precedent for future cases."

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