A judge in Alabama is set to decide Tuesday whether it is legal under the state constitution prohibiting school employees from having sex with students who are 16- to 18-years-old, according to The Daily Caller.
Morgan County Circuit Judge Glenn Thompson said he has “a lot of reading to do” after hearing the oral arguments. The question of constitutionality was raised by the defense attorney for former Decatur High School teacher Carrie Witt.
The 43-year-old Witt was arrested in March 2016 for having sex with two students. Although both were 17-years-old at the time, or over the age of consent of 16, but a 2010 Alabama law makes consent not a defense.
Her defense team argues that the 2010 law unfairly treats school employees and violates the 14th amendment equal protection rights of teachers.
“Had Witt been a volunteer coach and not a school employee, the statute would not even apply,” according to Witt’s attorney in court documents.