The case of Lawrence v. Texas, decided by the Supreme Court in 2003, may be one vehicle we can use to hasten the process of abolishing incest laws across the nation. Some legislators in backwards states might be unwilling to suffer the potential political consequences of a move to legislatively abolish incest laws. This is where the courts can step in and take care of things with one stroke of the pen – or, more accurately, five strokes of the pen. The Lawrence case did not say that incest is a constitutional right but, clearly, it can be seen as a move in the direction of allowing adults to engage in consensual incest so long as it is done within the confines of the home.
Given the increasing willingness of our Justices to ignore our slave-owning Founding Fathers and instead look to other nations to interpret our Constitution there is more reason for optimism. After all, France has no laws prohibiting incest unless one of the participants is a child.
But I envision a day when this country goes even further than France in its willingness to tolerate incest. By disallowing incest when one participant is a child we are certainly engaging in a form of age discrimination. Have you ever heard of an incest case in which authorities prosecuted the child rather than the adult after the incest was discovered? Case closed.
Finally, it should be pointed out that the way we currently enforce incest laws is ageist. How dare we send the message that an adult somehow “chose” to consent to a particular behavior but that a child was “coerced” and unable to consent to that very same act? In New Hampshire, children are allowed to consent to abortions without their parents’ guidance or even knowledge. The whole country needs to recognize and foster the ability of children to make independent decisions in even the most important of matters. Both the D.A. and the D.A.D. need to mind their own business.
My plan to legalize incest will help satisfy the Democrats’ desire to avoid moral judgment. It will also satisfy the Libertarians’ desire to avoid unnecessary government intrusion. Finally, it will satisfy the Republicans’ desire to bring families closer together.
I think I’ve devised a political initiative in which everyone can feel included. And I believe that’s all that really matters.