Posted on 04/23/2003 11:42:58 PM PDT by JohnHuang2
For a State to declare adultery a crime is for the State to promote the idea that a contract between a man and a woman and recognized by the State is binding and moral. For someone to break that contract and the State, which recognized it's existance, to turn a blind eye is to encourage a view that the State does not hold it's responsibilities to contractual endorsement very seriously.
Can you see where this can lead? If a man's wife has an affair and the State does nothing to try to penalize her for her breach of contract, how then can it penalize him for any breach of contract that he might persue in regards to his business dealing? Sure his business partner might be able to sue him, just as the man might be able to sue his wife. But can the State, in good conscience, punish him for breaking a contract that the State recognizes when the State is not willing to punish his wife for breaking a contract that the State recognizes?
Do I think adultery laws should be aggresively enforced? No, not really. Do I see the benefit of having them? Yes.
But I agree with Santorum, the right to have such laws should be recognized.
What about the non-violent crime of sex between consenting adults, homosexual or otherwise?
There's zero evidence that supports that, "gay gene" advocates notwithstanding. People choose who with and how they have sex. You might as well say "The devil made me do it !"
Which exactly parts of the remarks Mr. Smith want to be condemed? Abiut incest or about adultery?
There is no conclusive evidence otherwise.
"People choose who with and how they have sex. You might as well say "The devil made me do it !" "
True we choose WHO we have sex with, but homosexuality is more than that. It's defined not just by what you do, but who you desire to do it with. If you're a married male who has to fantasize about men in order to have sex with his wife, I'd say he's probably a homosexual.
And that's a reason that gives legitimacy to a law against adultery where a law against sodomy (assuming unmarried consenting adults) is not.
No one's rights are being violated in the sodomy relationship. Certainly there is no specific right to engage in sodomy in the Constitution, but I believe it certainly falls under the ninth amendment.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
There's no Consitutional right to pick your nose. Should it be criminalized?
Let me propose my unsupported (other than anecdotes) theory.
Men like to have sex. They'll often do really stupid things to get it. They like sex for sex's sake. Much more so than women, who typically have sex to share emotionally.
It is much easier to find other males willing to have casual sex than women.
I believe that, plus habituation, is the origin of male homosexuality. My conversations with gay guys lead me to believe it's true. And a choice they make for easy access to "carefree" sex.
So while I would agree that a Federal anti-sodomy law would be very easy to challenge, a State law has a different level of engagement with the citizen. Likewise, a county or town ban on, let's say pornography, has more legitimacy than a state ban would have. The closer to a citizen, the more legitimacy a legislature has concerning moral codes.
This assumes of course that a higher level of government has not secured the right. For example, if a State has legalized gay marriage, a locality can not refuse the right. But if a State has made no statement on an issue, a locality has great flexability. A town may, for example, forbid more than 6 non-related persons cohabitating in a residence with only one bedroom.
Comparing consensual gay sex to murder is a a major stretch.
In the first case, no one's rights are being violated, in the second it's obvious that rights are being severely violated.
A town may, for example, forbid more than 6 non-related persons cohabitating in a residence with only one bedroom.
Whose rights are being violated in this example? Essentially you seem to be saying that unless it violates specifically enumerated rights in the Constitution, or some higher level goobermint established statute, anything goes?
So I can get 51% of the folks on my town council to outlaw nosepicking, and impose heavy fines for this unsightly and unhealthy practice?
It's "for the children", you know.
The closer the government, the more legitimate the social law.
Maybe that's true for some of them. I don't know any who think that way. Most of us tend to swap the "I knew I was different and I didn't want anyone to know" story.
Spitting is a public health hazard, albeit minor. Nose picking is not.
But we clearly have a majorly different view of the legitimate functions of government. Mine is that the only legitimate function of government is to protect peoples' rights.
I'm gathering the impression, possibly incorrectly, that your opinion is that there's no limits on government rules other than precluding those explicitly limited by the Constitution or by superior government law.
If that's right then
Nosepicking can be made illegal and punishable by imprisonment
Pens can be outlawed and everyone required to use a #2 pencil
Any underwear color than chartreuse can be illegal
Fish on Mondays, Wednesdays and Fridays can be mandated
And so on.
Have I got it right? Or am I doing you an injustice?
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