To: Phatnbald
It also seems to me that the founders very clearly felt that "rights" mean anything that a person wants to do that does not harm his fellows is allowed. The only difference between a law against prostitution and extramarital fornication (unmarried or adultery) is the money. Both are just as likely to transfer disease (if this is your standard for "harming another").
Were there sex laws back at the founding of this country? Did Thomas Jefferson ever weigh in?
We've seen the laws against "fornication" get repealed but not so against prostitution and the Supreme Court has said that their pro-same sex sodomy decision did not open the door for declaring laws against prostitution or recreational drug use unconstitutional.
These are the problems of an activist court not applying a consistent ruling in a decision.
52 posted on
01/15/2005 5:37:59 PM PST by
weegee
(WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
To: weegee
Im not sure how I feel about the state of jurisprudence at the time of the founding v. how it is construed today. I also am not too sure that preventing disease is enough of an issue to make banning drug use, polygamy, or prostitution constitutional I think all three can be done without undue risk to others and thus probably should not be controlled by the state. But that's just my opinion, and everyone has one....
53 posted on
01/15/2005 7:23:47 PM PST by
Phatnbald
(Out of my cold dead hands)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson