Should the State of Texas be able to make it a crime for people of the same gender to have sex?
(80% of the GOVT 2302.8006 class thought no.)
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4 comments:
Absolutely not. I think that is giving the government way too much power being able to control people's sex lives. People have a right to privacy. And I mean come on...How would they even enforce that law anyway?
In my opinion the government needs to create a law preventing homesexual sex just for the simple reason that sex by definition is something you do to procreate. So how could two men or two women having sex be right? What if the entire society became gay? How would we continue socity. I believe that they should create the law just to show they do not believe it is physically right, whether or not they enforce that law is something totally different.
I would say no. We do have gays and lesbians in our community and they have a strong tendency to come back to their “real” person. Finding a partner of the same gender is a way. The State of Texas prohibiting the sexual actions between them does not mean it will be able to restrict it. On the other hand, such a law will limit the rights of individuals in terms of personal liberties.
Contrary to the direction this went in class, it's not a matter of is homosexual sex wrong or right, it's a matter of what a state (under the desires of the citizens) should be able to do.
I said it before and I'll say it again, this is a matter of self-government, and as government was understood by the founders and as it has been since then UNTIL this ruling of the Supreme Court, it was found to be completely within a state's right to make such a law, if that's what the PEOPLE wanted.
Now, I realize that would be a case of the majority violating the 'rights' of the minority. God knows I'm as much against that as the next person, but you have to consider what your 'rights' are.
In today's America we've all become pretty accustomed to a lot of things the Supreme Court has said are our 'rights' but in fact aren't rights at all, as understood by governments and societies for thousands and thousands of years before us.
Now, I'm not saying the 'rights' of the people should never be reevaluated. We live in a progressive and increasingly understanding and tolerant society, and perhaps certain things SHOULD be made as 'rights' to all people. Do I personally feel like there should be laws regarding the legality of sex, homo or heterosexual? No, I don't.
But that's not the question at hand.
The question at hand is if the state of Texas under the tradition (and wouldbe current, if not for the Supreme Court) understanding of human rights should legally be ABLE to make such a law, through the people? My resounding answer is yes, definitely it should.
Oh and as a note, the issue of enforcability of such a law made a lot of people wonder why it would be meaningful to make it at all. This really is a horrible way of looking at it, and I don't feel like this was addressed well in class. Just because something is difficult, doesn't mean it's pointless. Just because you probably won't make the team if you try out, doesn't mean you shouldn't try. Because you probably can't save the patient, doesn't mean you shouldn't do the surgery, and because you probably can't enforce the law, certainly doesn't mean you shouldn't make it.
Illegality of an action will ALWAYS deter people from doing it, even if only by a marginal amount. It is always worth making a meaningful law, even if the difficulty in enforcing it makes it seem meaningless.
-Mr Powell
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