Friday, May 23, 2008

Sex Ed

Instapundit Glenn Reynolds on the VH1 series Sex: The Revolution.
I highly recommend Gay Talese's history of the sexual revolution, Thy Neighbor's Wife, which we read in my "Law and Sexuality" seminar, taught by Harlon Dalton. I often draw on it when teaching in Constitutional Law, because today's students don't really have any grasp of what life was like in an era without freely available porn and socially-approved consensual sex.
I guess that means that UT law students have never read a book published prior to the 1970s (1990s?). Amazing!

I wasn't alive in the 1840s but I certainly have some idea "what life was like in an era without freely available porn and socially-approved consensual sex."

Tuesday, May 20, 2008

SSM LEGAL

It doesn't occur to anyone in these debates, but Same Sex Marriage has never been prohibited in any Anglo-Saxon jurisdiction (or perhaps anywhere on earth).

Sodomy, lewd cohabitation, etc. have been prohibited but not marriage itself (which is a sacrament or ceremony performed by the members of the couple involved). Thus even if a couple is married in a cathedral by an archbishop, it is the man and women who perform the sacramental actions involved in a religious marriage. The archbishop or priest is there as an observer and "director".

All that has been missing is government recognition of SSM, polygamy, incestuous marriage, etc.

So one can truthfully state that SSM has always been legal. Complaints by advocates of state recognition of such marriages proves that they do not want marriage itself but state validation (a truly bizarre desire for libertarian SSM supporters). I've never sought state validation for my activities.