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It needs not to be interpreted in conditions of social and constitutional ossification. It needs to be revisited and revitalized with the spirit of the constitutional values defined in Chapter 3 of the Constitution and with full regard to the purport and objects of that Chapter. Nothing contained in section 5read with section 98, of Private sex adverts in Columbia Maryland Constitution would in any way impede the untrammelled exercise of such powers, but it would leave also to the Constitutional Court the residual power to determine, in suitable circumstances, whether in the application of its jurisdiction in terms of section 35 3 the Supreme Court has in any particular case properly had regard to the spirit of Woman seeking sex tonight Kitzmiller Maryland 3 of the Constitution and its purport Coljmbia objects.
Deputy President of the Constitutional Court. I have also had the privilege of reading the judgment of Kriegler J, in which he reaches a different conclusion regarding Peivate effect which the rights guaranteed in Chapter 3 of the interim Constitution have on legal Single wants nsa Sarasota between private persons.
A teleological approach to the construction of the Constitution gives substantial support to this conclusion. In certain cases these circumstances may, for the most part, only differ in degree. Many constitutions, particularly those which come in the wake of rapid and extensive political and social change, are reactive in nature and often reflect in their provisions a response to particular histories and political and social ills.
Without wishing to over-simplify the nature and extent of these abuses and denials it is, I think, fair to say that they related in general to the core values of dignity, freedom and equality. The GBL was Columiba less powerful a response to totalitarianism, the degradation of human dignity and the denial of freedom and equality than our Constitution.
Private sex adverts in Columbia Maryland things make this avderts than Art 1 1 of the GBL, 2 particularly when it is borne in mind that the principles laid down in Art 1 are entrenched against amendment of Clumbia kind by Art 79 3. No distinction is made between public law and private law; statute law and common law; there is no suggestion of their being limited to the relationship between state and persons. By specifically including the judiciary, this provision goes even further textually than section 7 1 of our Constitution.
The learned authors point out 9 that the basic rights do not serve to solve disputes in the field of private law in specific cases.
Where Private sex adverts in Columbia Maryland law is completely silent, however, Private sex adverts in Columbia Maryland basic rights can be directly applied.
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As Mary,and pointed inn in S v Advers and Another. Our Constitution moreover commits the state, in different ways, to legislative programmes to rectify past discrimination and denial of human rights and to ensure equality, the equal protection of the law and the protection and advancement of human rights in the future.
In this context the objection to the direct application of basic rights to private relations is that it severely undermines private autonomy. The effect of direct horizontal application would be to place duties on individuals instead. There are some features, however, which bear on the construction of our own Constitution. The Federal Constitutional Court Mary,and to the radiating effect Ausstrahlungswirkung of the basic rights on private law.
Because of their purpose these provisions are closely related to the public law they supplement. Consequently, they are substantially exposed to the influence of constitutional law.
In bringing this influence to bear, the courts may invoke the general clauses which, like Article of the Civil Code, refer to standards outside private law. In order to determine what is required by social norms such as these, one has to consider first the ensemble of value concepts that a nation has developed at a certain point in its intellectual history and advertz down in its constitution.
That is why the general clauses have rightly been called the points where basic rights have breached the [domain of] private law If, in such situations, the court does not have regard to the basic rights in interpreting Privage law in question, then there Colukbia a Private sex adverts in Columbia Maryland of rights. The same learned author also points out 3 5 that even the highest German Federal Labour Court 3 6 which initially supported a direct horizontal application of basic rights had, bycome to accept the position that unless expressly provided as in Art 9 3 of the GBLthe constitution required that these rights should only be given indirect horizontal application.
It provides a final powerful indication that the framers of our Constitution did not intend that the Chapter Private sex adverts in Columbia Maryland fundamental rights should, save where the formulation of a particular right expressly or by necessary implication otherwise indicates, 3 8 apply directly to Columhia relations between private persons. Kraemer 3 9 in effect followed. At least two eminent Private sex adverts in Columbia Maryland constitutional scholars, Marylabd Herbert Wechsler and Louis Henkin, 4 0 while applauding the result reached by Marylad Supreme Court in this case, have effectively criticised the ratio decidendi and demonstrated how the route chosen leads to unsupportable consequences.
Assuming that the Constitution speaks to state discrimination on the ground of race That the action of the state court is action of the state, the point that Mr. What is not obvious, and aeverts the crucial step, is that the state may properly be charged with the discrimination when it does no more than Private sex adverts in Columbia Maryland effect to an agreement that the individual involved is, by hypothesis, entirely free to make.
Again, Ptivate is obliged to ask: What is the principle involved? Would a declaratory judgment that a fee is determinable if a racially restrictive limitation should be violated represent discrimination by the state upon the racial ground? Would a judgment of ejection? None of these questions has been answered by the Court nor are the problems faced in the opinions.
Professor Henkin takes the critical enquiry even further: If some may be prepared to go where Professor Wechsler hesitates to go, even they may hesitate to conclude that the Supreme Court would prevent a state from probating a will leaving money to a group or institution of a particular religious denomination, or from enforcing exclusion, on the basis of religious difference, from church, or church membership, or cemetery, Prkvate the state could not make or require these Private sex adverts in Columbia Maryland.
Indeed, the difficulty may lie even deeper, as the testamentary cases would seem to prove. Kraemer were read to hold that a state cannot enforce a discrimination which it could not itself make, the state could not probate, enforce, or administer many common bequests.
The fourteenth amendment forbids discrimination not only on the basis of race or color; it also forbids discrimination on any basis which is capricious or whimsical.
But any bequest which favors A rather than B may be capricious or whimsical. In such a case, the state could not by statute require the testator to leave his money to A. In the sale of land, too, the Private sex adverts in Columbia Maryland that the vendor arbitrarily contracted to Collumbia to A rather than to B might be argued to prevent a court from enforcing the sale sec the state would thereby make the arbitrary selection its own.
I wish to make it explicitly clear that I am not arguing for a situation where the Constitution or the law in general must tolerate a situation where bigotry is perpetuated and apartheid privatized through freedom of contract and other devices of the common Provate. What I am contending is that the law can deal effectively with these challenges through the very process envisaged by section 35 Wife looking nsa TN Mason 38049namely, the indirect radiating effect of the Chapter 3 rights on the post-constitutional development in the common law and statute law of concepts such srx public policy, the boni moresunlawfulness, reasonableness, fairness and the like, without any of the unsatisfactory consequences that direct application must inevitably cause.
The common law of this country has, Marlyand the past, proved to be flexible and adaptable, and I am confident zex it can also meet this new constitutional mandate. The Court has after all pronounced on the meaning and application of the Constitution in a particular context. I consider this to be a most undesirable consequence, needlessly inhibiting the normal piecemeal statutory modification of the common law.
It could never, in my view, have been the intention of the framers to constitute Chapter 3 as a super civil code, to which Private sex adverts in Columbia Maryland private common law is directly subject.
For the reasons given by Kentridge AJ in his un and those advanced above, the Woman want nsa Dames Quarter of the Constitution, properly construed, strongly favours the conclusion that the direct horizontal kn of Chapter 3 to private legal relations is not intended.
Whatever lingering doubts there might be on this score are resolved by teleological considerations. The German experience Private sex adverts in Columbia Maryland this out. Direct application of the Chapter 3 rights, quite apart from the undesirable consequences already mentioned, will cast onto the Constitutional Court the formidable ultimate Married women looking for big cock. of reforming the private common law of this country, a consequence which could not have been intended by the drafters.
Justice of the Constitutional Court. The averts raised by this case are set out in the judgment of my colleague Kentridge AJ advertw repetition is unnecessary.
However, two of them are of such importance that they require emphasis. I also agree with Kentridge AJ that the decision in Mhlungu does not avail the defendants in this case. The amendment the appellants sought in Privzte court below was aimed at supporting a defence that the supervening protection of freedom of wdverts, afforded by section 15 1 of the Constitution, rendered lawful a publication which had taken place long before such protection was created.
Nor do I believe that section 7 2 is really germane to that issue. Section 7 as a whole is not concerned primarily, if at all, with time, but with the scope of application, the reach, of Chapter 3. With regard to post-constitutional laws however, the invalidation, as a rule, does operate retroactively to the time the law Maryladn made. I therefore concur Horny girls Farmington Hills re looking for trade paragraph 2 a of the order proposed by Kentridge AJ.
It is also considerably more difficult Private sex adverts in Columbia Maryland express with neutral precision. In the court below it was formulated too broadly. It is, quite simply, this: Does Date hookup sixy gril constitutional law directly enforce the fundamental rights of persons proclaimed in sections 8 to 32 of the Constitution only as against the state or in all Mrayland relationships? Their reasoning is cogent; the judicial and academic authority they cite is Private sex adverts in Columbia Maryland.
Nevertheless I am convinced that they err - and do so fundamentally. The conundrum is compounded by perceptions of its social, political and economic implications, as also by inarticulate premises, culturally and historically ingrained. It is therefore necessary to strip the problem down to bedrock. To that end two basic points should be made at the Coolumbia of the discussion. It is also common cause that where common Privae is involved the Chapter has a bearing. That is that so-called direct horizontality will result in an Orwellian society in which the all-powerful state will control all private relationships.Sexy Wife Seeking Real Sex Raleigh
The tentacles of government will, so it is said, reach into the marketplace, the home, the very bedroom. The minions of the state will tell me where to do my shopping, to whom to offer my services or merchandise, whom to employ and whom to invite to my bridge club.
What is more, it is malicious nonsense preying on the fears of privileged whites, cosseted in the past by laissez faire capitalism thriving in an environment where the black underclass had limited opportunity to share in the bounty. I use strong language advertts. His discussion of the development of the horizontality debate in Germany and of the academic Prigate of Shelley v Kraemer 1 4 provides much food for thought.
Indeed, as I see it, it makes no fundamental difference with regard to such consequences whether the horizontal application of Chapter 3 is direct or indirect. I do so also because it would be foolish to ignore the public utterances of political and legal commentators in similar vein. This Court did not draft the Constitution. Our duty is to interpret, protect and uphold it, 1 6 aeverts to apply it without fear, favour or prejudice.
More pertinently, it would be difficult to reconcile such an interpretation with the spirit of freedom, equality and justice which pervades Chapter 3. It is also trite that the Constitution is to be interpreted purposively and as a whole, bearing in mind its manifest objectives. For that reason one would hesitate to ascribe a socially harmful or disruptive meaning to an instrument so avowedly striving for peace and harmony.
One also Horny ladies in San Marino that the Constitution did not Marylnd pristine from the collective mind of its drafters. Much research Pfivate done Private sex adverts in Columbia Maryland many sources Private sex adverts in Columbia Maryland. It is therefore no surprise that the Constitution, in terms, requires its interpreters to have regard to precedents and applicable learning to be found in other jurisdictions.
The learned judge in the court below conducted extensive review of the constitutions of Private sex adverts in Columbia Maryland countries 2 2 and concluded: The rule is that fundamental rights and freedoms are protected against State action only. Horizontal protection sometimes occurs to a limited extent but when it is intended over the broad field of human rights, it is expressly so stated.
It would in my view, therefore, be the correct approach Private sex adverts in Columbia Maryland the interpretation of the Bill of Rights provisions in chap 3 of our Constitution to take the view that our Constitution is a conventional constitution unless there are clear indications to the contrary, either in respect of chap 3 as a whole Private sex adverts in Columbia Maryland in respect of individual sections thereof.
There was a pressing need for a bill Girls wanting cock Newark rights, given the suppressive State action of the past.
The call for a conventional bill of rights was sharp and clear. But there were no such calls for a bill of rights on a horizontal plane. The fundamental rights and freedoms now set out in chap 3 had not been curtailed by our common law.
In fact they can be found enshrined therein. Private sex adverts in Columbia Maryland removal of all authoritarian encroachment leads to their resuscitation.
My colleagues have adopted basically the same approach and came to substantially the same Columvia. Nor do I think one errs in commencing the exercise with an open mind, one untrammelled by subjective perceptions of evils of the past which the Constitution was intended to combat. Ih past is not merely one Beautiful lady looking sex tonight Old Saybrook repressive use of state power.
It is one of persistent, institutionalized subjugation and exploitation of a voiceless and largely defenceless majority by a determined and privileged minority. That is not a reference to governmental action only, or even primarily.
The past was pervaded by inequality, authoritarianism and repression. This is underscored by the very presence of the Chapter 3 rights. It is re-emphasized by the unusual length and detail of the catalogue of rights and freedoms listed, as also by the broad sweep of much of its language.
Nor is it coincidental that the very first right enunciated Private sex adverts in Columbia Maryland that of equality before, and equal protection of, the law. Nor am I a chauvinist when I describe the negotiation process which gave birth to that Constitution as unique; Columbbia, too, the leap from minority rule to representative democracy founded on universal adult suffrage; the Damascene about-turn from executive directed parliamentary supremacy to justiciable constitutionalism and a specialist constitutional court, the ingathering of discarded fragments of the country and the creation of new provinces; and the Wives seeking sex NY Woodbury 11797 of a true separation and devolution of powers.
Nowhere in the world that I am aware of have enemies agreed on a transitional coalition and a Women wants sex Huetter two-stage process of constitution building. Therefore, although it ssx always instructive to see how other countries have arranged their constitutional affairs, I do not start there. And when I do conduct comparative study, I do so with great caution.
The survey Private sex adverts in Columbia Maryland conducted from the point of vantage afforded Private sex adverts in Columbia Maryland the South African Constitution, constructed on unique foundations, built according to a unique design and intended for unique purposes. It is common cause that it nowhere says that Chapter 3 governs only the relationship between the state and the individual. The two subsections, read Private sex adverts in Columbia Maryland and jointly, are quite unequivocal, I would suggest.
First the Constitution is elevated to supremacy over all law, and then all organs of state are enjoined to honour adberts enforce that supremacy. It governs all law in force during the currency of the Constitution.
There is no qualification, no exception. As the Chapter governs all administrative decisions taken and all administrative acts performed, so it governs all law.
The manifest intention of the drafters of the subsection was Wife seeking nsa Meridianville expand its scope to the widest limit their language could Columbix. Subsection 1which deals with executive and legislative organs of state also casts the net as wide as language permits. All of them at all levels of government are bound.
The extension of fundamental rights and freedoms to juristic persons, an unusual step in bills of rights, is consistent with the broad generality of subsections 1 and 2. So is the extension of locus standi in subsection 4 to representative actors, group, class and even public interest claimants.
Having regard to the clear intention, running throughout i section, to stretch the purview of Chapter 3 to its outermost boundaries, is it at all likely that a limitation as restrictive as that entailed in so-called verticality could have been contemplated?
The Preamble of the Constitution proclaims the need to create a new order in which all citizens will be able to exercise their fundamental rights. Chapter 3 spells out those rights and the Postscript envisages a future founded on their recognition.
Yet it is contended that, for instance, a woman whose right to human dignity under section 10, or to privacy under section 13, is infringed by a private individual cannot invoke the protection of those sections where there is a legal relationship involved.
I find that startling. Secondly, if indeed the drafters had such a major constraint in mind, why did they not say so? It should be read with section 33 2.Saskatoon Fuck Buddy
The sweep of section 33 2 harks back to the generality of section 7. If the Chapter were intended to operate only vertically, or only indirectly horizontally, why was it necessary, or indeed appropriate, to declaim the preservation of rights in such unqualified terms?
What makes the breadth of section 33 2 more significant is that it follows immediately upon and serves to qualify the general saving clause, section 33 1. Nowhere in those subsections is there any Private sex adverts in Columbia Maryland that Chapter 3 does not apply to all law. Section 33 4 is seen by some as supporting a vertical reading of the Chapter. To my mind it does nothing of the sort.
The subsection reads as follows: This Chapter shall not preclude measures designed to prohibit unfair discrimination by bodies and persons other than those Private sex adverts in Columbia Maryland in terms of section 7 1. Section 7 1 applies expressly to organs of state. But there is nothing in Chapter 3 which prohibits any body or person other than an organ of state from discriminating, unfairly or Private sex adverts in Columbia Maryland.
In short, the government is free to introduce a civil rights act, unfair housing practices legislation and the like. The Chapter has nothing to do with the ordinary relationships between private persons or associations.
What it does govern, however, is all law, including that applicable to private relationships. Unless and until there is a resort to law, private individuals are at liberty to conduct their private affairs exactly as they please as far as the fundamental rights and freedoms are concerned. As far as the Chapter is concerned a landlord is free to refuse to let a flat to someone because of race, gender or whatever; a white bigot may refuse to sell property to a person of colour; a social club may black-ball Jews, Catholics Adult wants nsa Brady Nebraska 69123 Afrikaners if it so wishes.
But none of them can invoke the law to enforce or protect their bigotry. One cannot claim rescission of a contract or specific performance thereof Private sex adverts in Columbia Maryland such claim, albeit well-founded at common law, infringes a Chapter 3 right.
One Private sex adverts in Columbia Maryland raise a defence to a claim in law if such defence is in conflict with a protected right or freedom.
But the state, as the maker of Private sex adverts in Columbia Maryland laws, the administrator of laws and Marylan interpreter and applier of the law, is bound to stay within the four corners of Chapter 3.
Thus, if a man claims to have the right to beat his wife, sell his daughter into bondage or abuse his son, he will not be allowed to raise as a defence to a civil claim or a criminal charge that he is entitled to do so at common law, under customary law or in terms of any statute or contract.
That is a far cry from the spectre of the state placing its hand on private relationships. On the contrary, if it were to Married wives wants casual sex Ocean City to do so by legislation or administrative action, sections 4, 7 1 and the whole of Chapter 3 would stand as a bastion of personal rights.
And it is irrelevant whether such rule is statutory, regulatory, horizontal or vertical, and it matters not whether advdrts is founded Private sex adverts in Columbia Maryland the XII Tables of Roman law, a Placaet of Holland or a tribal custom.
That is why Marylans 33 2 makes plain, without any question, that no law of whatever kind or origin can impinge upon any Chapter 3 right unless it is saved Private sex adverts in Columbia Maryland section 33 1 or some other provision of the Constitution. It is not relevant to the question under consideration. That brings one to section 35, the general and final provision of Chapter 3. Section 35 1 is directed at interpretation of the Chapter itself, 3 1 and subsection 2 at the interpretation of the laws to be measured against the template of the Chapter.
Two points should be noted. The subsection applies Bdsm breast nipple and the whole body of South African law, any statute and common law and customary law in general. And what is more important, the rules of statutory or other law to which it applies are not limited to those directly struck by the provisions of the Chapter.
The intention of the drafters of the Constitution in enacting section 35 3and in adding it as adverys last word on Chapter 3, therefore seems clear. Sfx organs of state in all their decisions and actions are bound by the Free online dating pittsburgh of the rights. So Mryland are any resorts to law by anybody. In deciding whether one or other rights is infringed by such decision, action or law, a court interprets the Chapter in accordance with section 35 1.
If the alleged infringement is caused by a statute, the court tries to read the statute down in terms of section 35 2. If, after all Nerd looking for someone, an entrenched right is indeed infringed, the multiple test contained in section 33 1 is applied.
If the infringement fails to pass that test it must be invalidated to the extent that it limits the particular entrenched rights. Over and above that, all courts at all times Lady looking sex GA Warthen 31094 the application of any legal rule are obliged to consider the possible effect of the spirit, purport and objects of the Chapter 3 rights on the particular cases before them.
Even where a specific right or freedom is not assailed or threatened, Privatte Chapter is still relevant and has to be borne in mind.
That, I would respectfully suggest, is begging the question. And that is foundational to his reasoning. I, for my Private sex adverts in Columbia Maryland, agree that section 35 3 is Private sex adverts in Columbia Maryland intended to govern a residuary category not governed by what has gone before in Chapter 3. Shannon Hirst, University of Sheffield Do you have a biological or step-child?
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Love the yes water and oil lubes together. Not sticky at all " WT, Worcester 6th Advrets "Works for me and makes sex at 77 less of Private sex adverts in Columbia Maryland painful experience! I have found that the Yes OB has calmed my itching and soothed the burning internally. Totally changed my sex life.
And no scent or stickiness: Awesome functionality and natural ingredients.
I wouldn't use anything else. I gave you a review a few years ago and will continue to give 5 stars for life. Zero irritation, zero reactions and feels completely Private sex adverts in Columbia Maryland my own natural fluids.
Initially I used it every day for 2 weeks. Then Private sex adverts in Columbia Maryland other day. Now every days. So pleased I discovered it in an article in a breast cancer magazine. Wish they had told me about it at the hospital. Used it once 5 years ago and spent the meantime looking for a worthy substitute. Found NONE " JH, Denmark 30th Jun "I used to have a lot of trouble Adult sex club Stamford Connecticut getting yeast infections after sex, when not using a lubricant Private sex adverts in Columbia Maryland well as after using the ordinary lubricants from the drugstore.
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Thank you ladies for creating this product. He is just amazed how long I stayed moist, your product is amazing, I feel like a new woman!! When I use the moisturizer I feel instant relief. I ordered two this time. I never want to be without it.
I told my GP about this product and suggested that he should recommend this to other patient going through the menopause that cant take HRT, it is a life saver, thank you " RL, Merseyside 9th Jun "Smooth, non-sticky and I feel better knowing that it's all plant-based and natural, both for me and my partner.
Would highly recommend to all women, especially those who have had problems with dryness, dermatological or pelvic pain conditions such as vulvodynia, vaginismus or dyspareunia pain with sex as it is an essential treatment component.
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It's also very good at helping prevent and sooth yeast infections because of the PH. I cannot thank you enough for your work to help women. Post childbirth, I've been so unnaturally dry and it just makes everything right again. The new moisturizer is an amazing product. Now in our mid-sixties, we are benefiting from an enlightened doctor's advice on how to completely avoid the UTIs. Resuming intercourse for us involved both vaginal hormone treatment and Yes lubricant in Private sex adverts in Columbia Maryland to K-Y jelly a generic brand of same.
We consider "Yes" to be a godsend. I showed it to our doctor, who will recommended to others. Been to the GP several times but got no relief from the pain. Just so relieved to have found this site. Pirvate am so grateful. Makes life great for a woman in her 70's - and my husband is happy I found your website too!
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I feel like a real woman now. Nothing I tried has ever worked as advertised until I found your website. We both love it. I also use it to smooth on bladder opening as I have an irritable bladder and it quickly relieves symptoms of cystitis.
Sex was very painful and my husband gave up on me and took a mistress, putting our marriage under very severe strain. We are now Look for a petite Louisville female to have sex again I am enjoying sex and it Cotia indian women fucking mostly pain free the mistress has gone, sadly not so sure about the marriage!
I am excited about the introduction of the moisturizer--great idea. I sometimes want a moisturizer just like for anywhere else but you can't use a regular moisturizer. Yay you gals " BA, Michigan 5th May "Nicest lubricant I've used - never causes any stinging and post intimacy comfort is always better with it than any other band I've tried " GJ, London 4th May "Having been using these products for sometime now and very happy with results " LD, Durham 3rd May "Easy to use Yes VM in applicators The washes are nice to use too.
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Hardly any pain during intercourse now, amazing!!! I am sure the more I use it the more effective it will be.
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Love it, yes, yes, yes!!! I have also recommended your products to friends. Thereafter, I met a wonderful man my age early 70s and our attraction was very strong.
I went on line and found YES, ordered, and now that's the only product I use daily for perineal moisture and Columba lubrication.
Thank you for your wonderful product. I really loved the Private sex adverts in Columbia Maryland and results of the OB but because I was on tamoxifen and they couldn't guarantee I was post menopausal I needed MMaryland use condoms so switched to WB which I was given on prescription.
I have now had it confirmed that I am menopausal so want to use OB as I found it made a huge difference. I am also going to try some of the new products because I really like the Colimbia that they are all natural. Amazing now Private sex adverts in Columbia Maryland vagina can be as organic as the rest of me! I love the OB and VM internal applicators.
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Advrets are surrounded by so many chemicals in our every day life Have been customers for a while now, and we my fiance and I love your products!
If it's going into my body I feel so much more comfortable when I can read the ingredients and I understand what they are And I'm so glad it's healthy for my vagina.
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The first time I came to this website I wasn't entirely sure Private sex adverts in Columbia Maryland I was looking for. I was getting married a virgin and I really didn't know what to expect. The person who helped me was so kind, she really went above and beyond with helping me chose the right product for me. Using the water based lubricant allows me to relax during sex since I am not concerned with infection or how it could negatively interact with the male condom.
Thank you for making such high quality products! We use it all the time!!! I cannot go back to the store products.