The leading alternative is the notion of consent. Fundamental social libertarians hold that acts of any type, including any type of sex act, should be legally permissible so long as the parties involved consent to participating in them and others are not directly harmed. Those who believe that the founding fathers wrote the ideology of fundamental social libertarianism into the Constitution (albeit with invisible ink) maintain that the constitutional right of privacy immunizes all consensual sex acts from state prohibitions.
If this is true, then not only sodomy, but also fornication, adultery (e.g., spouse swapping, "swinging"), polygamy, group sex, prostitution, adult brother-sister or parent-child incest, and (depending on one's views about the rights of animals and their capacity to consent) bestiality are protected as specifications of the constitutional right of privacy. All of these acts and practices are, or can be, consensual. If consent provides the standard of inclusion within the right of privacy, they must all be admitted.
Hey! Lookit that! Just what I (and Santorum) was talking about. Imagine that. John will have to find something else to cry "bigot" about this time.
Derek |
