Free to Be Beautifully You

Contents  ·  PART XIII

The Community Constitution

7 minutes

What follows is a model document, not a finished legal instrument. It is written to express the values of this book in the form of a founding charter, and to give a community a serious starting point. Before adopting any version of it, have it reviewed and adapted by a qualified attorney in your jurisdiction. Bracketed terms such as [Community Name] are to be completed by the founding community. This constitution is meant to be amended — see Article XII — and should be treated as a living document that the community makes its own.

PREAMBLE

We, the members of [Community Name], establish this Constitution to create and preserve a community founded on freedom, consent, and mutual respect.

We hold that every person possesses inherent dignity that does not depend on their appearance, their clothing, or the visibility of their body. We affirm that a person’s body belongs to that person alone. We recognize that genuine freedom carries genuine responsibility, and that the liberty each of us enjoys exists only because each of us upholds the rights of all.

We adopt this Constitution to secure these principles for ourselves and for those who join us, and to ensure that this community remains, in all its growth and change, a place where people are free to be themselves within a culture of respect and safety, and in full compliance with the law.

ARTICLE I — HUMAN DIGNITY

  1. Every person in this community possesses inherent and equal dignity.
  2. That dignity does not increase or decrease based on clothing, appearance, body type, or the visibility of the body.
  3. The human body is neither shameful nor a spectacle. It is not to be treated as an object of shame, nor as an object existing for others’ attention.
  4. This community rejects both the demand that the body be hidden in shame and the demand that it be displayed for others. A person’s body belongs to that person.

ARTICLE II — PERSONAL AUTONOMY

  1. Each person is the sole authority over their own body.
  2. Each person has the right to make their own decisions regarding their body, their participation, and their personal life, within the bounds of law and the rights of others.
  3. No person, officer, or body of this community may override an individual’s autonomy over their own body except where necessary to protect the safety or rights of others, or to comply with law.

ARTICLE III — CLOTHING CHOICE

  1. Members and guests may choose their own clothing, including the choice to remain fully clothed, wherever such choice is legally permitted within the community.
  2. The choice to be clothed and the choice to be unclothed are equally respected. Neither confers nor diminishes standing in the community.
  3. No person shall be pressured, encouraged, ranked, praised, or disfavored on the basis of their clothing choice.
  4. No person shall be regarded as a lesser member, or as a member “in progress,” because of the clothing they choose. There is no expectation of change.
  5. Clothing choice is subject at all times to the requirements of safety and law, as provided in Articles VI and VII and elsewhere in this Constitution.

ARTICLE IV — CONSENT

  1. No person is entitled to another person’s body, attention, conversation, touch, or image.
  2. Consent must be specific, ongoing, and freely given.
  3. Consent to one thing is not consent to another. Consent to be seen is not consent to be touched, photographed, or recorded; consent to be photographed is not consent to have an image shared or published.
  4. Consent may be withdrawn at any time, without explanation, and such withdrawal takes effect immediately.
  5. Silence, the absence of refusal, or the absence of resistance does not constitute consent.
  6. Consent given under pressure, coercion, or the influence of intoxication is not valid consent.

ARTICLE V — PRIVACY

  1. Every person has the right to privacy in their personal life and their image.
  2. No photography or recording of any person shall occur without that person’s specific, knowing consent.
  3. Designated areas of the community shall be free of cameras and recording devices entirely, regardless of consent.
  4. Hidden or concealed recording of any kind is strictly prohibited and constitutes serious misconduct.
  5. No image of the community or any member shall be published or shared publicly without explicit consent for that specific use.
  6. The identity and participation of members shall not be disclosed to outsiders without consent.

ARTICLE VI — SAFETY

  1. The safety of every person is a paramount obligation of this community.
  2. Harassment, assault, intimidation, stalking, exploitation, and unlawful conduct are prohibited without exception.
  3. Safety requirements, including required protective equipment and applicable health and safety law, override clothing preference and all other personal preferences at all times.
  4. Intoxication does not excuse any violation of this Constitution and does not create valid consent.
  5. Serious threats to safety warrant immediate protective action, as provided in Article XI.

ARTICLE VII — CHILDREN

  1. The protection of children is the highest and most non-negotiable obligation of this community, superior to all other provisions of this Constitution.
  2. This community’s philosophy is an adult philosophy. Children are not participants in it and shall not be treated as such.
  3. All applicable laws protecting minors shall be followed in full and without exception. Where law and any other provision of this Constitution conflict, the law protecting minors prevails.
  4. Any minor present is under the direct and continuous supervision and responsibility of their own parent or legal guardian. The community does not assume that responsibility.
  5. No image of any minor shall be made, kept, or shared within the community under any circumstances. This prohibition is absolute and admits no exception.
  6. Every member has a duty to report any concern regarding a child’s safety to the appropriate authorities, in accordance with law. Concerns shall never be concealed, minimized, or handled internally in place of lawful reporting.
  7. The community may designate any area, event, or the community as a whole as adults-only, and shall do so wherever appropriate or required.
  8. Any conduct endangering a child constitutes the gravest form of misconduct and warrants immediate removal and lawful reporting.

ARTICLE VIII — EQUALITY

  1. All members are equal in dignity and standing.
  2. No person shall be favored or disfavored on the basis of clothing choice, body type, age, appearance, income, religion, political belief, relationship status, sexual orientation, or lifestyle.
  3. Membership and standing in this community are determined solely by conduct — by respect for this Constitution and its principles — and never by conformity to any type.
  4. The community shall take active measures to remain accessible across income levels and shall not become exclusive on the basis of wealth.

ARTICLE IX — COMMUNITY RESPONSIBILITY

  1. Freedom in this community carries responsibility toward others.
  2. Each member is responsible for upholding this Constitution, respecting the rights of others, and contributing to the wellbeing of the community.
  3. Each member is responsible for knowing and following the community’s code of conduct and policies.
  4. The rights secured by this Constitution exist for all members only so long as all members uphold their responsibilities under it.

ARTICLE X — GOVERNANCE

  1. This community shall govern itself through structures established by and accountable to its members.
  2. Decision-making authority, the roles of any officers or governing bodies, and the manner of their selection shall be defined in the community’s bylaws, consistent with this Constitution.
  3. Governance shall be transparent, and significant decisions shall be documented and available to members.
  4. No governing body or officer holds authority beyond that granted by this Constitution and the bylaws, and none may act contrary to this Constitution.
  5. The community’s legal structure and its relationship to this Constitution shall be established with qualified legal counsel.

ARTICLE XI — DISPUTE RESOLUTION

  1. The community shall maintain fair and reliable processes for resolving disputes and addressing violations.
  2. Responses to violations shall be graduated and proportionate to the seriousness of the conduct, ordinarily proceeding through education, warning, mediation, restriction, and removal.
  3. Notwithstanding the graduated process, serious misconduct — including assault, exploitation, hidden recording, endangering a child, or any grave threat to safety — warrants immediate removal without prior lesser steps.
  4. Members shall have access to a fair process, including the right to be heard and a means of appeal from decisions affecting them.
  5. Decisions rendered under this Article shall be documented.

ARTICLE XII — AMENDMENT

  1. This Constitution may be amended by the members through the process established in the bylaws.
  2. No amendment shall diminish the core principles of human dignity, consent, safety, equality, or the protection of children established in this Constitution.
  3. Article VII, concerning the protection of children, and the safety guarantees of Article VI, shall not be weakened by any amendment.
  4. This Constitution is a living document, and the community is encouraged to refine it, with legal counsel, as the community grows and learns.