|Carlos R. Romero|
After a Florida man was charged with having sex with animals, civil rights attorneys filed a lawsuit claiming that such a government ban is unconstitutional, according to press reports.
Lawyers representing a man jailed for allegedly masturbating with a donkey, are now struggling to get the Florida statute prohibiting sex with animals declared unconstitutional.
"By having sexual conduct with an animal classified as a crime, the law makes private sexual conduct a crime," lawyers for 32-year-old Carlos R. Romero, wrote in a motion filed last week.
Romero, was arrested after farm owner Gerald James, told police he saw Romero with his pants down while he was apparently having sex with his donkey called Doodle, in an equipment room, according to a police report.
Romero pleaded not guilty to a misdemeanor charge of first-degree sexual activities with animals. It was announced last week that he wanted his case goes to go to trial.
His lawyers argue that the Florida statute violates the rights of the laborer by stripping him of his "personal freedom and autonomy when it comes to intimate private activities."
They say the law is unconstitutional because it does not require the state to provide any evidence of animal suffering or other evidence that the sexual activity was not consensual.
"Morality, whether based on religion or traditions cannot be used as a reason for depriving a person of his personal liberty," the lawsuit claims.