BREAKING NEWS July 11, 2024: The ACLU of Minnesota and the Minnesota Association of Criminal Defense Lawyers (MACDL) filed an amicus brief calling upon the Court to protect the rights of women, transgender, and gender nonconforming Minnesotans after the Appellant was convicted of indecent exposure (Minn. Stat. § 617.23). Not only is the statute vague, but it effectively criminalizes half the population's anatomy.
Currently, Minnesota women can be arrested for and convicted of indecent exposure if some part of their breast is visible to the public because “female breasts” are “private parts.” The court of appeals doesn’t clarify what part of a breast can show and which can’t, so it’s uncertain what people with “female breasts” can wear to the beach this summer.
“Male breasts” are not “private parts” so people with “male breasts” can’t be arrested for having part of their breasts visible. Our position is that treating people differently because of outdated ideas about gender and sexuality violates Minnesotans’ right to equal protection of the law.