Essay

The Anti-Criminalization of Sex

We cannot hope to have normal relationships between men and women, between any partner and another he or she chooses mutually and reciprocally, if we still want to criminalize sex out-of-wedlock, which is what we would be doing if we were to criminalize abortion. This is also what the opposition to Gay Marriage fears; legitimacy of homosexual sex. The problem with many from the anti-abortion side of the argument presented in a woman’s right to choose a safe and antiseptic medical procedure in the course of induced miscarriage is that perhaps too many of them are also anti-sodomy; therefore, the idea of fellatio as birth control may never get addressed. I am not joking. Blow jobs reduce the need for abortion. Yet, we still stigmatize oral sex because we are still sexually repressed if not simply sexually uptight, and that’s as a nation, a culture. Residually Puritanical, which is why we have the pop culture we do, and why sex and sexuality is still marginalized, why we still have negative euphemisms in our diction for and about sex and sexual relations.

We used to criminalize homosexuality–we even used to criminalize sodomy–the acts themselves labelled after the ancient biblical city of Sodom. It doesn’t matter what the popular culture thinks its saying or doing; pop culture actions are reactions to the core belief; they are reactions similar to how pornography, and the proliferation of porn and its availability, reveal our true attitudes about sex. We have no healthy notions about sex or sexuality, and that’s heterosexuality. How do we expect to handle the idea that homosexuality is normal when we still fear heterosexual sex. But it is necessary that we step out of the norms of our social behavior and attitudes about sex. The issues raised by gay marriage and abortion are contingent with all discussions of basic Human Rights, the fundamentals of human sexuality and sexual expression.

Gay Marriage and Abortion are both pro-choice issues; they are both issues of freedom or the lack thereof, whether it be sexual freedom, which both of them do address, or what I choose to do with my body, which both of them also address albeit from different angles of approach. The matter of gay marriage is a part of the pro-choice issue in a larger sense–we are not talking about a society’s obligation to ensure someone gets the appropriate psychiatric treatment who might actually be mentally defective to a point where he is a danger to himself and others. Homosexuality is not a mental illness, nor is it another kind of sickness from which someone can be cured, nor is it an incurable illness. It is normality in variegation.

Abortion rights and the rights of same-sex partners to marry are contingent on the law recognizing that gay marriage is not an affront to opposite sex unions, and that the legal right to choose a safe, medically induced miscarriage is not an affront to having children. Having a gay teacher does not make your children gay; allowing same sex unions does not cheapen heterosexual marriage. Allowing for same sex unions does not lessen the integrity of marriage in general. Allowing that safe medial procedures are performed when a woman has an induced miscarriage does not devalue children, nor will it lead to a significant drop in birthrates, which itself is a separate issue. Most arguments against gay marriage are absurd; most of the arguments levied against pro-choice in the matter of abortion are beside the point.

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