Do 2 adults have a right to have sex with each other?

Discussion in 'Civil Liberties' started by PopulistMadison, Jun 9, 2016.

  1. PopulistMadison

    PopulistMadison Active Member

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    I don't mean if they are in separate prisons for a crime, nor am I asking whether they should fail to be fired for having sex on the job.

    I'm asking if they both want to have sex with each other in their own home on their own time, do they have a right to do so?

    Is there anything in the constitution that says states or institutions can't pass laws or rules saying they may not have sex with each other? That is, do they have a right?
     
  2. danielpalos

    danielpalos Banned

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    is this a trick question?
     
  3. Pax Aeon

    Pax Aeon Well-Known Member

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    `
    Exactly.
     
  4. PopulistMadison

    PopulistMadison Active Member

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    It is a serious question.

    There have been many laws and still are many laws regulating what kind of sex people may have and how they may have it. So I ask if people have a right to have sex.



    Many states (started to write "laws", which actually means the same thing) have or have had laws against:
    prostitution
    a man and 2 women living in the same house unmarried raising kids
    oral sex
    sex between an 18 year old and a 16 year old
    sex between married partners who are seniors, where the state says one partner is no longer mentally capable of giving consent
    college students who have sex voluntarily but without asking before each touch

    I'm not saying I'm against all of these. They are just examples of the state regulating sex. Half of those were clearly consensual. So I ask whether people have the right to have sex.
     
  5. Margot2

    Margot2 Banned

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    Most of those kinds of laws have been struck down in most States.

    Adults don't need permission from the State to have sex.
     
  6. btthegreat

    btthegreat Well-Known Member

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    Adults may consent to have sex, if they are capable of consent and if the relationship is not incestuous.
     
  7. danielpalos

    danielpalos Banned

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    in modern times, women are free to fornicate us into relationships.
     
  8. Zorro

    Zorro Well-Known Member

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    Certainly it is important to be air to everyone:

    California Ninth District Court of Appeals Rules That It's Discrimination For Strip Clubs Not to Hire Men Who Identify as Sexy Nude Women

    http://www.imao.us/index.php/2016/06/men-need-not-apply/
     
  9. PopulistMadison

    PopulistMadison Active Member

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    Solution:
    Don't pay by the hour. Charge strippers a fee to use the club, plus a percentage. Strippers take home the rest of what they get tipped. Those men may show up if they pay the workers entry fee, which is even higher than the customer entry fee.
     
  10. PopulistMadison

    PopulistMadison Active Member

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    Most. Not prostitution. The justification for laws against it are that it causes societal ills. One could argue though that the ills are there regardless, and many ills are actually caused by it being illegal. Society should instead regulate that.

    If you can make a good legal argument, and are a lawyer, you would have no shortage of plaintiffs to choose from if you want standing to try overturning it. If you don't have a law degree, you need to get charged with it first.
     
  11. danielpalos

    danielpalos Banned

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    what a drag, huh. if Only, we could simply ask the Judicature to faithfully execute our own laws.
     
  12. ProgressivePatriot

    ProgressivePatriot Well-Known Member

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    Lawrence v. Texas
     
  13. PopulistMadison

    PopulistMadison Active Member

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    Bookmarked.
     
  14. ProgressivePatriot

    ProgressivePatriot Well-Known Member

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    ????


    Sent from my iPhone using Tapatalk
     
  15. danielpalos

    danielpalos Banned

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    I believe women have a natural right to try to fornicate me into relationships.
     
  16. JakeJ

    JakeJ Well-Known Member Past Donor

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    A 16 year old isn't an adult. Generally incest is illegal. There are legal issues if there is mental illness. Other exceptions too. Prostitution is illegal generally. Extorted sex also. Nor does your question discuss consent, free will etc.
     
  17. PopulistMadison

    PopulistMadison Active Member

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    I was a bit off topic, though I'm sure some high school seniors date sophomores and should not have their life ruined with a rape charge. Some states have a 3 year difference exception.
     
  18. ChoppedLiver

    ChoppedLiver Well-Known Member

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    Where is it written that "two consenting adults" can't have incestuous sex?

    And how does two consenting homosexuals having incestuous homosexual sex create a nuisance to the public that would prompt anyone to make it unlawful?
     
  19. ChoppedLiver

    ChoppedLiver Well-Known Member

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    Some are already denied by the state, as I have already noted.

    Are you good with that?
     
  20. btthegreat

    btthegreat Well-Known Member

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    It is written in state statutes that is the 'where'. Incest laws do not distinguish based on the orientation or gender of the participants. https://en.wikipedia.org/wiki/Laws_regarding_incest_in_the_United_States

    If you are asking me to defend those statutes. I won't at present. I don't know the arguments that states will be putting into their legal briefs. Your question is one for the appellate courts to consider after reading those briefs. That's when I will decide if there is a legitimate state interest in banning incestuous sexual relationship. The OP asked about a 'right' to have sex. I described the circumstances where there is no recognized right to have sex.
     
  21. yguy

    yguy Well-Known Member

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    Sure they do, if they're married; but even then, they don't have the right to engage in mutually abusive sex.

    Of course what I said is founded not in any law codified by humans, but in the Laws of Nature and of Nature's God.

    No, but 4A puts obvious limits on the enforcement of such laws.
     
  22. Taxpayer

    Taxpayer Well-Known Member Past Donor

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    A right is something you are due or owed (by definition). Rights can be entitlements (something that someone is obliged to provide you) or freedoms (something that others are obliged to not stop you from doing).

    Pretty much anything can be a right. If you sign a contract with someone, that contract might oblige a person to do something for you or to allow you to do something you want to do. A constitution is a contract. Our constitution and the laws that come from it provide many guarantees of entitlement and freedom.

    I don't think any of them explicitly say you have the freedom to f*ck. But there is that part about free association, so maybe.

    A better question might be, does that constitution (or any other authority) give someone a right to prevent you from having sex. In which case, you might not have the right to have sex, but neither does anyone have the right to get between two folks who want to have sex.




     
  23. ChoppedLiver

    ChoppedLiver Well-Known Member

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    That has to be one of the saddest and sorriest political opinions I have heard from any person alive.

    You won't have an opinion on a certain something unless - and not until - the government decides in it.

    Are you actually being real?
     
  24. btthegreat

    btthegreat Well-Known Member

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    yes I am being 'real' First, I wasn't waiting for the court decision. I was waiting to read the states' brief. I can guess at the libertarian arguments from plaintiffs, but I suspect the arguments in favor of the bans, need a major facelift since the 1950's, considering what we can now learn with genetic profiling and testing.

    If the concern is genetic defects, we can determine some more exact odds of any couple for countless abnormalities, by looking the both parent's DNA and genome through genetic counseling. Maybe states can write their statute more narrowly to serve the same objective that it purportedly served for hundreds of years by blindly banning all such couples.

    If the legal argument is that such couplings continue a behavior that normally began as exploitive and coercive among close relatives, like a father-daughter or elder sibling- younger sibling pairings. If most of these adult relationships have antecedents in child sexual abuse, it certainly warrants a state interest in stopping the practice.

    What I am saying is most information on which these laws were based, is both dated and rather hard to come by. A court will insist on something more than a world wide 'yuck' factor and religious based quotes to back up the argument. That means the state's argument has to either supply more, or be more clear on the exact nature of concerns and interests in prohibiting behavior what would otherwise be considered private personal conduct.

    I want to know more before I decide whether the government should mind its own business, or whether that is exactly what it is doing, when it enforces an incest ban.
     
  25. Polydectes

    Polydectes Well-Known Member

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    It's the desire that's missing.
     
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