Reply by derosa

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Posted on Politics, religion, AND sex!

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1577 posts in 2862 days

#1 posted 08-04-2012 03:45 AM

The US Supreme Court Justice Antonin Scalia wrote the following in his dissent to Lawrence v. Texas:

State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers’ validation of laws based on moral choices. Every single one of these laws is called into question by today’s decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding. See ante, at 572 (noting “an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex” (emphasis added)). The impossibility of distinguishing homosexuality from other traditional “morals” offenses is precisely why Bowers rejected the rational-basis challenge.

(p. 590 of the ruling; p. 33 of the pdf available here)

Scalia is stating that it is, in fact, acceptable to enact a law with the specific intent to criminalize an act that is deemed immoral.
Fridays are always slow days here or this could illicit a serious $#*t storm.
It is the duty of the nation to create laws that keep the society as a whole on the straight and narrow and whether we acknowledge them or not many of those laws are based upon morals and ethics, far more then the sex laws, and they are necessary for the good of the population overall if government is doing its job correctly. Many of the sexual laws exist because there are negative ramifications for the individuals or society as a whole and that fact needs to be recognized and acknowledged as well even if those who would be for the legalization don’t wish to admit the fact.
Just for your list
bigamy- typically bad for the family unit, many children in such families actually experience a lot of neglect because such families typically will be larger, the most recent Time magazine lists some of the frequent cases. Societal if a significant number of men take more then one partner this has the potential to leave a large number of men without partners. This has the potential to increase cases of sexual assault, kidnapping, and rape. There is a lot of discussion around the imbalance of the sexes in China due to their one child policy. Although bigamy wouldn’t create as large a problem as china will experience the concerns are similar. The exception to this would be a scenario with a population disproportion weighted towards women such as in post Peloponnesian war Athens where it was promoted.

same-sex marriage- historically an issue when dealing with the need to keep population levels rising particularly in early society. One of the few old morals that can fall. Today this has the benefit of creating a pool of people who can adopt but aren’t adding the the overflowing gene pool unless they resort to medical intervention. The bible isn’t as anti this in the way many fundamentalists would want it to, it isn’t however sanctioned or blessed in the bible. In modern times about as important as not mixing fabrics or eating shrimp.

adult incest-known cause of birth defects, creates a medical issue for the society and can produce some messed up children.

prostitution- gray area, unless heavily regulated prostitution in very good at spreading illness and disease and for such should be avoided. Not to mention what it can do to the bodies, minds and mentality of the prostitutes.

masturbation-no longer outlawed, very few places actually did so with the exception of public indecency.

adultery- marriage is a government contract between two people, and if done with a religious leader a contract that includes the believer’s respective god. That would make it a breach of contract to start with. Also complicates the marriage should someone get knocked up potentially leading to a father who is caring for someone else’s child or splitting the father’s time between two families which isn’t the best for the family he is contractually obligated to. Can also introduce disease into the relationship and cause harm in other ways. A stable relationship of course being better for the upbringing of children which is also better for the society as a whole.

fornication-if this is anal or oral then they are also no longer illegal those laws being struck down long ago. Partially necessary in the past due to issues of cleanliness.

bestiality-this one should be obvious, but can introduce strains of diseases into the population that they aren’t equipped to deal with. I remember this being discussed at one time as the possible reason for aids entering into the population, no idea if that idea has been destroyed or still entertained. There are however cases of people getting venereal diseases this way and passing them to their spouses as well. Also bad for the animal which may not be equipped to deal with the penetration.

obscenity- more to do with noise pollution, just as people don’t want to listen to a boom box cranked out swearing can be a major nuisance not to mention a build up to bigger trouble when it is two people swearing at each other.

Most all of these can and do have an overall negative effect that can be bad for the society through the spread of disease, the creation of medical issues or the destabilization of family units which are necessary for the overall health of the whole. For these reasons a government does have the right to regulate morality and ethics with an eye to the overall well being of the whole provided it doesn’t cause undue harm.

-- --Rev. Russ in NY-- A posse ad esse

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