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Author Topic:   Are sexual prohibitions mixing religion and the law?
randman 
Suspended Member (Idle past 4919 days)
Posts: 6367
Joined: 05-26-2005


Message 31 of 206 (261609)
11-20-2005 6:13 PM
Reply to: Message 29 by Chiroptera
11-20-2005 6:04 PM


Re: Science doesn't make moral judgements
Maybe, at least in that area, but very few people are total libertarians, and those that think they are often have areas they have different or mixed feelings on.

This message is a reply to:
 Message 29 by Chiroptera, posted 11-20-2005 6:04 PM Chiroptera has replied

Replies to this message:
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randman 
Suspended Member (Idle past 4919 days)
Posts: 6367
Joined: 05-26-2005


Message 32 of 206 (261613)
11-20-2005 6:21 PM
Reply to: Message 22 by Silent H
11-20-2005 11:43 AM


Re: enter holmes...
Homes, don't try to reduce this to a legal issue. For example, parents that would consent to their kids having sex outside of wedlock with adults would have their kids taken away, but this is not about the technicalities of the law, but about whether laws based on morals are acceptable or not.
I get the impression from some of your other posts that your position is they are not appropiate, but I could be wrong and you are free to correct me on that.
But where I do think I am right is that no one that accepts some moral laws are necessary has a right to point the finger at the religious right or anyone else for wanting their values reflected as if that is wrong on principle.
These issues need to be decided by society with a sense of civility and recognizing that asking that the law reflect some morals rather than purely libertarianism is something that will entail religion and other ideologies.

This message is a reply to:
 Message 22 by Silent H, posted 11-20-2005 11:43 AM Silent H has not replied

  
Chiroptera
Inactive Member


Message 33 of 206 (261653)
11-20-2005 8:40 PM
Reply to: Message 31 by randman
11-20-2005 6:13 PM


Re: Science doesn't make moral judgements
Actually, I'm an anarchist -- I don't know whether that counts as "libertarian tendencies" or not. But your point is taken.

"Intellectually, scientifically, even artistically, fundamentalism -- biblical literalism -- is a road to nowhere, because it insists on fidelity to revealed truths that are not true." -- Katha Pollitt

This message is a reply to:
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Chiroptera
Inactive Member


Message 34 of 206 (261656)
11-20-2005 8:51 PM
Reply to: Message 30 by randman
11-20-2005 6:11 PM


Re: Science doesn't make moral judgements
Actually, I do agree with a lot of what you say here. Of course, an argument like this is going to degenerate into what people mean by "morality" or "trying to legislate morality". Basically, except for a few cases where a despot is openly ruling for his own benefit, all laws are the codification of some sort of morality. Even laws that are supposedly for the "general welfare" implicitly assume that it is a moral duty to promote the general welfare. People usually decide that they are for or against some law based largely on what they consider moral, either by considering the direct effects of the law, or by thinking about the long term ramifications and unintended consequences of the particular piece of legislation. People may not use "moral language" to describe their opinions, but at some point it comes down to the person thinking that some sort of goal is "good" or "bad".
However, when most people speak against "legislating morality", what they are usually referring to is constraining behavior that has no direct effect on the individuals promoting the legislation; the difference between "public morality" and "private morality", so to speak.
Just to get an idea of where you stand on this, consider the people who are believe that interracial sex and interracial marriage are immoral. Do you believe that they have the, er, moral right to legislate their morality? Would you have any objections to the principle that if they were either to take control of the state, or if they were to convince a majority of the voters that they are correct, they could put their moral beliefs into legal practice?

"Intellectually, scientifically, even artistically, fundamentalism -- biblical literalism -- is a road to nowhere, because it insists on fidelity to revealed truths that are not true." -- Katha Pollitt

This message is a reply to:
 Message 30 by randman, posted 11-20-2005 6:11 PM randman has replied

Replies to this message:
 Message 80 by randman, posted 11-21-2005 7:22 PM Chiroptera has replied

  
crashfrog
Member (Idle past 1487 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 35 of 206 (261661)
11-20-2005 9:10 PM
Reply to: Message 30 by randman
11-20-2005 6:11 PM


Re: Science doesn't make moral judgements
and my point is most that bash the religious right are doing the exact same thing as the religious right is doing, but they don't admit that.
Well, it sounds like the opposite is happening - pretty much everybody else has come out for the right of consenting people to do whatever they choose to do with each other. The question of who can consent and who cannot doesn't seem to be a moral issue, to me.
So, in fact, you're wrong. The other side is not doing the exact same thing, they're respecting the right of persons to make their own determinations about what they will or will not do.
For example, there is nothing wrong at all with the religious right wanted it's morals and values reflected in the law.
Well, no, there is. The religious right wants to institute a bunch of laws that have no justification other than that they appear in the Bible; that violates the rights of people who do not want to live according to the Bible (which is just about everybody.)
You're free to enact any laws that you can justify by their secular purpose. Laws that have only religious justification - no eating of meat, no human likenesses in art, no gay sex - cannot be enacted according to our constitution.
The opposing side is trying to do the exact same thing. There is absolutely no difference on principle.
I believe this thread has demonstrated that the opposite is true.
{Fixed 2nd quote box. - Adminnemooseus}
This message has been edited by Adminnemooseus, 11-21-2005 12:36 AM

This message is a reply to:
 Message 30 by randman, posted 11-20-2005 6:11 PM randman has replied

Replies to this message:
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 Message 40 by Silent H, posted 11-21-2005 5:41 AM crashfrog has replied

  
randman 
Suspended Member (Idle past 4919 days)
Posts: 6367
Joined: 05-26-2005


Message 36 of 206 (261756)
11-21-2005 1:57 AM
Reply to: Message 35 by crashfrog
11-20-2005 9:10 PM


Re: Science doesn't make moral judgements
The question of who can consent and who cannot doesn't seem to be a moral issue, to me.
So, in fact, you're wrong. The other side is not doing the exact same thing, they're respecting the right of persons to make their own determinations about what they will or will not do.
Actually, you have not then been paying attention. The fact the age of consent beyond mere puberty is considered a viable concern proves my point. If there were no values-based judgements, then people would not claim the age of consent was an issue.

This message is a reply to:
 Message 35 by crashfrog, posted 11-20-2005 9:10 PM crashfrog has not replied

Replies to this message:
 Message 38 by Funkaloyd, posted 11-21-2005 5:20 AM randman has not replied

  
Silent H
Member (Idle past 5840 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 37 of 206 (261804)
11-21-2005 4:53 AM
Reply to: Message 30 by randman
11-20-2005 6:11 PM


Re: Science doesn't make moral judgements
I am saying that it seems that, at present, it should if you assume that moral judgements should not be based on religion or personal values, but on scientific ones, and my point is most that bash the religious right are doing the exact same thing as the religious right is doing, but they don't admit that.
That is 100% correct. That has been the thrust of many of my threads and posts within the coffee house and it has a bearing on the EvC question as well.
Morality is being imposed through laws, by both conservatives and liberals, sometimes for the same ends, despite having different sources.
Those that bash fundies for hating gays, turn and bash other sexual minorities with equal joy and bloodlust, and with just as little reason.
What's more, so called liberals who pretend to love science and despise religious bigotry have in fact joined with fundies to demand that science conform (that is must be edited) to support sexual mores... as long as it does not effect gays.
It is hypocrisy and it is unConstitutional behavior. This does not suggest however, that science can or should shift moral judgements on sexual behavior, nor that sexual laws have no legitimacy.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 30 by randman, posted 11-20-2005 6:11 PM randman has replied

Replies to this message:
 Message 81 by randman, posted 11-21-2005 7:29 PM Silent H has replied

  
Funkaloyd
Inactive Member


Message 38 of 206 (261806)
11-21-2005 5:20 AM
Reply to: Message 36 by randman
11-21-2005 1:57 AM


Re: Science doesn't make moral judgements
randman writes:
The fact the age of consent beyond mere puberty is considered a viable concern proves my point. If there were no values-based judgements, then people would not claim the age of consent was an issue.
Is decision making ability directly related to puberty, and nothing else?

This message is a reply to:
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Silent H
Member (Idle past 5840 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 39 of 206 (261808)
11-21-2005 5:33 AM
Reply to: Message 26 by ohnhai
11-20-2005 5:06 PM


Re: Look for the embarassing admission down at the end
The age of consent question, although it is a line you should not cross,
Ahhhhh, this is what I am talking about. It is arbitrary, but you should not cross it. Why? The line between races was arbitrary, so no one should have crossed it? The line between same sex couplings is arbitrary, so no one should cross it? The line between unmarried persons having sex is arbitrary, so no one should cross it?
And when you say it should not be crossed, which line? Within the US that line varies from 13 up to 18. Across the world it varies from 9-21.
Why does an arbitrary line, with no distinct value anyway, contain any validity such that you would recommend not crossing it?
the human race is the only critter, on the whole, that doesn’t start mating the instant after puberty(as far as I know).
This is a bit inaccurate. Human critters are sexual from about the get go. Children will engage in masturbation and then exploration with others, IIRC from just a few weeks on up. They may have... I mean they DO have... sexual activity with others well before puberty. They just don't have kids before puberty for rather obvious biological reasons.
If by "on the whole", you meant "the majority" then that would be correct, though as I say a bit inaccurate. Its not like they naturally wouldn't. Its that they are restricted from such activity.
Science may throw in studies in regard to the mental health of young people who have been hunted by older predatory adults and thus help set the bar
There are no valid studies which do this, so the second part of your sentence is underlined. It comes from society and changing mindsets.
The history of AOCs is interesting. It began as a way to wipe out child prostitution, and eventually became some urban myth type belief system that kids are intrinsically harmed by sex below such ages, and then that kids don't even desire or pursue such activities under that age unless they are unhealthy in some way.
We think, on the whole, that our children are simply not ready for all that at the age of puberty. I agree.
But this is contrary to scientific understanding. That you are not comfortable with this idea, or would not want your own kids involved with this is beyond dispute. That would be legitimate. Assertions of "readiness", beyond some simple mechanical issues, are not.
History, and not just recent history, is filled with cultures where it has occured to routinely to claim some difference to why they could handle it but others cannot.
There is a desire and will by society in recent times to make sure such relations end up disastrously, just as it had with gays for years. The fact that they are successful these days despite the incredible odds and legal forces against them, suggests that kids certainly can be ready and more formidable in pursuing their own desires than many believe possible.
Either way this is a problem and needs to be dealt with education, treatment and in the latter case punishment.
I agree that rape is harmful... someone's rights are intrinsically violated... and so sort of beyond question as needing full legal restrictions. I am having problems with the "punishment" part. Education, treatment, and restriction makes sense to me. How does punishment do anything for anyone?
While on purely biological grounds you could at least explain underage sex between sexually mature willing partners (ie post puberty), the pheromones, the pheromones . the great tabbo however is sex with non sexually active partners ( ie below the age of puberty.) This no matter how you dress, it is clear indication that something has gone badly wrong.
Time to recheck your science. Science cannot say what is right or wrong. If it is happening it is happening and you can only say why it is happening. The idea that it is right/wrong or natural/unnatural is entirely moral posturing.
In fact it is almost laughable in that you seem to be saying that science can come up with an explanation for one kind of sex so maybe it has some legitimacy, but this other kind cannot be so it must not? Could it be that science has no explanation for the other because it is considered taboo and so wholly unresearched?
Earlier, and to some extent even today, there is no scientific "explanation" for homosexuality. Why would two people be attracted to sexual partners whose pheromones would not result in proper mating activity? Obviously something is "wrong"... though we should champion re-education over punishment?
In reality, checking back into scientific knowledge, sex with prepubescents is not outside of normal sexual behavior within the animal kingdom. Indeed our closest relative, the Bonobos, have sex with prepubescents as freely as post. Thus there does not appear to be anything "wrong" with this behavior, unless one wants to believe the myth that man was created separately and so could not naturally engage in behavior seen elsewhere.
mis-placed desire.
You will perhaps entertain me with an explanation of what science defines as correctly placed desire?
Heheheh... okay this was a veritable spanking machine. Your smart and I like your writing so its nothig personal. However, misuse of science particularly in the name of sexual moralism gets me really hot under the collar.
You have made a big mistake, and it is exactly what rand was suggesting. You have projected your own ethnocentric beliefs into scientific knowledge, and are using it to justify legislation of your morals.
There are legitimate reasons for some laws regarding sex with those who have legal guardians (sex with mature but retarded individuals is the same as sex with those under age). Appeals to naturalness or "wrongness" or "readiness" from science is not one of them.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 26 by ohnhai, posted 11-20-2005 5:06 PM ohnhai has replied

Replies to this message:
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Silent H
Member (Idle past 5840 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 40 of 206 (261810)
11-21-2005 5:41 AM
Reply to: Message 35 by crashfrog
11-20-2005 9:10 PM


Re: Science doesn't make moral judgements
pretty much everybody else has come out for the right of consenting people to do whatever they choose to do with each other. The question of who can consent and who cannot doesn't seem to be a moral issue, to me.
It is a moral issue. I have already shown this factually to you. If you cannot admit that this is true when data shows that our definition of consent does not align with who is doing what and who is choosing to do what and who is being harmed by what, then you are being intellectually dishonest.
I'm not sure how many times I will have to repeat the facts to you. People believed that gays could not properly consent, and even that masturbators could not rightly give consent. Did that make it true?
The concept of consent and age is a convenient moral tool with the sound of some sort of legitimacy, like you are basing it on objective competency. It has all the reality of saying that the Bible says anyone under 18 can't consent and so sex is wrong.
Indeed let's start right there. Let's say the Bible says that. Thus I am up in arms that anyone should believe that and laws should be applied. Now show me that science in fact can show that there is something to this concept of "consent", and that it is related with something for which laws should be enacted.
If not, then their claiming gays cannot consent because the bible says only bad people do so is as just and relevant.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 35 by crashfrog, posted 11-20-2005 9:10 PM crashfrog has replied

Replies to this message:
 Message 43 by crashfrog, posted 11-21-2005 9:47 AM Silent H has replied
 Message 49 by nator, posted 11-21-2005 10:10 AM Silent H has replied

  
berberry
Inactive Member


Message 41 of 206 (261850)
11-21-2005 9:32 AM
Reply to: Message 27 by randman
11-20-2005 6:01 PM


Re: Science doesn't make moral judgements
randman writes me:
quote:
If you want to normalize homosexual relations, fine, but don't pretend you are doing anything different than the religious right when you don't want 13 year olds having sex with adults, or multiple wives, or whatever.
Some time ago I had this out with holmes, and he managed what few people have ever managed to do during my adult life: to get a full-blown volte-face out of me on a major issue of morality. Yes, I believe it is entirely possible for a 13 year-old to have sex with a 50 year-old without being harmed by it. However, if the kid IS harmed, the adult should be punished for it. The sticking point between holmes and I is over how to determine harm. Holmes says he's willing to take the word of the kid for that, which is probably fine in the case of a 13 year-old but I'm not so sure in the case of a 15 year-old. A 15 year-old is usually much more mature than a 13 year-old and is, I think, much more likely to hit on an adult. I don't want the law to create a situation where a perfectly mature (let's say mature beyond his or her years), sexually experienced 15 or 16 year-old is able to seduce a drunken adult and then blackmail him or her.
I don't know the answer to this conflict, but I am far more likely to look to scientific methods for an answer than I am to look at the delusional rantings of prehistoric tribal nomads (the bible).
This is not to say that I reject the whole concept of morality. I don't, I reject only the concept of bible-based morality. I don't need the bible to tell me that I shouldn't murder my neighbor. The fact that my neighbor would be left dead is enough to show me that murder is immoral.
Further, I am not looking to "normalize" anything. Homosexuality is and always has been normal. I am looking for equal rights under the LAW, a concept fundies seem to have extreme difficulty trying to grasp. Your church can do whatever it wants, I couldn't possibly care less. Just keep it in your church and leave alone those of us who choose not to believe that god one day just twitched her nose and "poof!" here we are.

"We look forward to hearing your vision, so we can more better do our job. That's what I'm telling you."-George W. Bush, Gulfport, Miss.,
Sept. 20, 2005.

This message is a reply to:
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nator
Member (Idle past 2190 days)
Posts: 12961
From: Ann Arbor
Joined: 12-09-2001


Message 42 of 206 (261851)
11-21-2005 9:40 AM
Reply to: Message 2 by mick
11-19-2005 7:01 PM


As far as pedophilia is concerned, there are plenty of fifteen year-olds who are willing to give consent to sex, but there are plenty of fifteen year-olds who can be taken advantage of. The law, however, has to draw a single line for everybody. Some people fall on one side of the law, and some on the other side.
This is my position exactly regarding consent laws.

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Replies to this message:
 Message 59 by Silent H, posted 11-21-2005 11:31 AM nator has replied

  
crashfrog
Member (Idle past 1487 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 43 of 206 (261854)
11-21-2005 9:47 AM
Reply to: Message 40 by Silent H
11-21-2005 5:41 AM


Re: Science doesn't make moral judgements
I don't think you understood word one of what I just posted.
It is a moral issue. I have already shown this factually to you.
I'm sorry, where did you do that? How, exactly, do you think you can establish morality as a factual issue?
People believed that gays could not properly consent, and even that masturbators could not rightly give consent. Did that make it true?
No, of course it didn't make it true. What does that have to do with morality?
Some people can consent; some cannot. It has nothing to do with their age, and nothing to do with morality. It has everything to do with an objective assessment of their mental competence, and is thus not a moral issue for me, but a measuring issue.
Like I said, your breathless screed doesn't seem to indicate that you fully understood my point. If you think that I've just come out in support of the legal fiction of "age of consent", after three posts where I decried the concept, then you're insane.

This message is a reply to:
 Message 40 by Silent H, posted 11-21-2005 5:41 AM Silent H has replied

Replies to this message:
 Message 52 by Silent H, posted 11-21-2005 11:03 AM crashfrog has replied

  
nator
Member (Idle past 2190 days)
Posts: 12961
From: Ann Arbor
Joined: 12-09-2001


Message 44 of 206 (261855)
11-21-2005 9:47 AM
Reply to: Message 5 by crashfrog
11-19-2005 7:14 PM


Re: Look for the embarassing admission down at the end
quote:
To be honest with you, I'm not sure that any human is ready for the responsibilities of intercourse until after they've had it. I wasn't, and I was 20.
I was ready.
I am one of the (apparently) few people (especially for a woman) who really did wait until I was ready to take on the responsibilities of having intercourse before I engaged in it.

This message is a reply to:
 Message 5 by crashfrog, posted 11-19-2005 7:14 PM crashfrog has replied

Replies to this message:
 Message 45 by crashfrog, posted 11-21-2005 9:55 AM nator has replied

  
crashfrog
Member (Idle past 1487 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 45 of 206 (261858)
11-21-2005 9:55 AM
Reply to: Message 44 by nator
11-21-2005 9:47 AM


Re: Look for the embarassing admission down at the end
I thought I was ready at the time, too. It was only the next day when I realized there was a whole world of stuff that I had to worry about now.
All those public service posters about diseases and stuff? Didn't even register on my consciousness, until afterwards.
There was nothing more I could have done to be really ready, but I still wasn't. That's what leads me to believe that folks generally aren't quite ready. I mean, I didn't drop the ball or anything, or do anything dangerous or put myself or her at risk. It was a positive experience. But there were aspects that I simply couldn't have prepared for.
But I'm glad it was different for you. Maybe it's a gender-based thing, or something.

This message is a reply to:
 Message 44 by nator, posted 11-21-2005 9:47 AM nator has replied

Replies to this message:
 Message 51 by nator, posted 11-21-2005 10:24 AM crashfrog has replied

  
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