Virginia’s Attorney General Ken Cuccinelli filed a lawsuit earlier this morning in the United States District Court in Richmond asserting that Ricky Martin is not gay on the basis that his hit song “She Bangs” clearly states otherwise. He further posited that to state you are gay after swaying your hips suggestively at the MTV Movie awards is unconstitutional. Cuccinelli based most of his lawsuit on the part of the song when Martin sings:
And she bangs, she bangs.
When she moves, she moves
I go crazy.
‘Cause she looks like a flower but she stings
like a bee.
Like every girl in history
She bangs, she bangs.
Earlier this year Virginia’s General Assembly passed a law stating that anyone in the American Top 40 Pop Charts was “not allowed” to be gay and if said singer stated they were, “they would not be recognized as such in the Commonwealth of Virginia”.
Republican Governor Bob McDonnell attempted to quell the controversy several days later by issuing a statement saying if Top 40 Pop stars are gay, he would allow their catchy hits to play on Virginia’s airwaves, but he would “most definitely” change stations if one came on his way to work.