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25 new of 191 responses total.
tod
response 58 of 191: Mark Unseen   Jul 1 23:44 UTC 2003

This response has been erased.

russ
response 59 of 191: Mark Unseen   Jul 2 02:08 UTC 2003

The idea of a legislative body which is tasked with repealing laws,
mandatory sunset provisions, and the like have been proposed in
minarchist/libertarian circles.  This seems like a good argument
such schemes.
other
response 60 of 191: Mark Unseen   Jul 2 05:23 UTC 2003

A logical compromise would be to make incest legal so long as both 
parties are 18 or over and not mentally incompetent.  However, it should 
be illegal (and aggressively enforced) to give birth to a child which 
results from incest.  

This would serve to allow the state to guarantee the care of children 
unfortunate enough to be born under such circumstances, and would also 
serve to discourage practicioners of incest from reproducing thusly.
rcurl
response 61 of 191: Mark Unseen   Jul 2 06:29 UTC 2003

A lot of incest is non-consensual, actually or legally. These should be
crimes. Consensual incest between adults I would think is pretty rare. 
Its probability is probably reduced in part because of the common
knowledge of the possible birth defects that may result. Then, making the
rare remaining instances also criminal - probably doesn't do much good, as
people will do what they want to do regardless. What is then needed is not
punishment but having the persons assume responsibility for offspring. 

other
response 62 of 191: Mark Unseen   Jul 2 07:10 UTC 2003

1)  Non-consensual sex, whether incest or not, is already illegal and 
should remain so.

2)  Making incestual parents responsible for the offspring of their 
stupidity as a punishment for such stupidity is even more stupid than 
than the offense itself.  That only victimizes the offspring, who is the 
only one in the scenario not at fault.
jazz
response 63 of 191: Mark Unseen   Jul 2 13:21 UTC 2003

        I wonder if the incest laws are actually being used to prosecute
consensual sex, or as Rane points out, primarily rape.
rcurl
response 64 of 191: Mark Unseen   Jul 2 15:05 UTC 2003

Re #62: what do you propose to do about the parents of the offspring of
incestual cohabitation? (I did not say that making them responsible was
*punishment*: in fact, I said what is needed is *not* punishment. I also not
say that those parents should have custody of such offspring, only
responsibility for them.)
flem
response 65 of 191: Mark Unseen   Jul 2 15:21 UTC 2003

It's my understanding taht women who are over 40 [1] when they have children
are much more likely to have children with birth defects.  Perhaps we should
prohibit them from having sex, too.  For that matter, I understand stupid 
people are more likely to have stupid children than smart people.  Wow, 
this is a gold mine.  We can control all kinds of people's sex lives this way!

[1] or 45, or whatever that age was.  Heck, I'm not even sure where I heard 
that.  At any rate, that's not the point.  
other
response 66 of 191: Mark Unseen   Jul 2 17:54 UTC 2003

Are you suggesting that the odds of birth defects from incestual 
pregnancies and from pregnancies of women over 40 are comparable?

Are you suggesting that stupidity is a birth defect?

My suggestion reduces state control over people's sexual activities and 
enforces responsibility for the consequences, which I think is a far 
superior method of social conditioning.  And, I do believe that the state 
has a legitimate interest in picking up where social conditioning through 
THIS PARTICULAR taboo has previously assured the general diversity of the 
gene pool.  I can accept this particular restriction where I would not 
accept others because of the comparatively extreme anti-survival effect 
on the gene pool of this particular kind of breeding practice.  I 
consider it a reasonable species self preservation mechanism.
gull
response 67 of 191: Mark Unseen   Jul 2 18:09 UTC 2003

I seem to recall that a recent study found that the risk of birth
defects from many forms of incest wasn't notably higher than for
non-related people.  Cases like the British royal family only arise when
generation after generation breeds within a small gene pool.  I think
the study dealt with first cousins, though, not brothers and sisters.
other
response 68 of 191: Mark Unseen   Jul 2 18:11 UTC 2003

I think the relevant definitions are sibling and parent-child.
flem
response 69 of 191: Mark Unseen   Jul 2 19:09 UTC 2003

re #66:  I'm not suggesting anything about the relative likelihoods of birth
defects from older mothers and incestual relationships.  I'm suggesting that
perhaps we ought not to be grasping quite so desperately for reasons to
regulate people's sexual behavior.  To spell it out, I think that what kind 
of children a couple is likely to have (in the event that they have children)
ought to have absolutely no bearing on whether or not they are legally 
allowed to have sex.  

I haven't the slightest idea what your
proposal was.  

Is stupidity a birth defect?  I'm strongly tempted to claim it is, just to
see what you say.  
other
response 70 of 191: Mark Unseen   Jul 2 19:29 UTC 2003

To which I would be tempted to respond that such a claim would not be 
worthy of response unless accompanied by evidence of reputable origin de-
linking intellectual performance from environmental factors.
flem
response 71 of 191: Mark Unseen   Jul 2 21:28 UTC 2003

I dunno, conventional wisdom seems to be on my side. The burden of proof rests
with you, I'm afraid.  :)
richard
response 72 of 191: Mark Unseen   Jul 2 23:54 UTC 2003

You can fully expect the Lawrence v Texas decision to be a major issue 
in next year's election.  With conservative fears that laws against gay 
marriage are now in jeopardy, Bush and his political advisors are said 
to be salivating over the idea of introducing a new proposed Amendment 
to the Constitution, which would spell out a ban on gay marriages

They'd probably word the proposal something like:

"The government of the United States of America hereby recognizes that 
marriage in this country can only be entered into by two persons who 
are heterosexual, and who are not close blood relatives" 

They'd include the incest part to blunt criticism that it is just an 
anti-gay Amendment, and to make it politically more potent.  Bush would 
come out strongly in favor of such, and try to turn the entire election 
into a referendum on the institution of "marriage"  If his opponents 
say they are against this Amendment proposal, then his spin doctors 
will say "Bush is FOR the institution of marriage, and his opponents 
are against it, that his oppenents are "for" gay marriages and 
incestual marriages. 

Even though this might not have any chance of actually getting the 
required votes to become an Amendment to the Constitution, Bush's folks 
will surely think that simply having the proposal out there serves its 
purpose.  To portray Bush as the protector of the institutions of 
family and marriage.

Get out the Maalox, there's going to a lot to make you feel ill during 
this next year's election cycle... 
dcat
response 73 of 191: Mark Unseen   Jul 2 23:56 UTC 2003

**going** to be?
rcurl
response 74 of 191: Mark Unseen   Jul 3 01:02 UTC 2003

There already exists in federal law the Defense of Marriage Act (DoMA,
1996).  Up until then, marriage laws had been left up to the States,
although a number of federal law referred to the married status, for
certain rights and privileges. The origin and wording of the DoMA are
presented at http://marriagelaw.cua.edu/Federal_.htm It still leaves the
definition of marriage up to the States but rather concerns recognition of
States for the marriage laws of other States if the marriages are between
persons of the same sex.

An amendment would probably use part of the language of the DoMA. 
richard
response 75 of 191: Mark Unseen   Jul 3 01:18 UTC 2003

true but a Constitutional Amendment would be the federal government specifying
the definition of marriage, to head off more progressive states from making
gay marriage legal as is bound to happen particularly given the recent
Supreme Court decision.  
keesan
response 76 of 191: Mark Unseen   Jul 3 02:01 UTC 2003

So you expect marriages between close relatives to be banned because they
might produce children, and marriages between people of the same sex to be
banned because they can't produce children?  How about banning marriages
between other people who can't product children (infertility, menopause,
having been sterilized)?  Banning marriage with anyone having a known genetic
defect in their family?  
scg
response 77 of 191: Mark Unseen   Jul 3 02:02 UTC 2003

I seriously doubt that anybody would use an anti-gay constitutional ammendment
as *the* major campaign issue.  As something done in the background to score
points with a certain group, likely, but not as the major issue of the
campaign.  The Religious Right is going to vote Republican anyway.  Among
swing voters, such a push would tend to turn people off.
richard
response 78 of 191: Mark Unseen   Jul 3 02:09 UTC 2003

what about legalizing incestual marriage IF the husband could provide
documentation that he's had a vasectomy and/or the wife could provide
documentation that she's had her tubes tied.  And both sign sworn statements
saying they'll never attempt to have said procedures reversed and will never
have kids?  Then what would the objection be?  So long as they are not having
kids, they are still consenting adults, so whose business should it be whether
they are in a relationship?  you don't have to approve of a lifestyle to
accept other people's rights to live it if they choose so long as issues of
mutual consent are satisfied (i.e. no beastial relationships, or adult-minor
relationships or other types where one party isn't capable of legally
consenting)
russ
response 79 of 191: Mark Unseen   Jul 3 03:34 UTC 2003

Ditto #73.  The total lack of reasoning evident in the responses
of the likes of Sen. Santorum has been making me queasy for years.
(Similar lack of reasoning is evident on the left on their own set
of topics, but I haven't been hearing as much from them lately.)
rcurl
response 80 of 191: Mark Unseen   Jul 3 03:40 UTC 2003

If such an amendment were adopted, I think it would be an enormous spur to
creative family arrangements through other legal means and maybe even a
bigger flight from "marriage" because of the greater availability of
alternatives that may have significant financial or other advantages. 
pvn
response 81 of 191: Mark Unseen   Jul 3 03:48 UTC 2003

There is a statistical phenomena known as "deviation to the mean" that
suggests two smart parents tend to have dumber children and vis versa.

The ancient hawaiian ali'i practiced sibling incest although didn't
exclusively procreate thusly.  You might have many children but only
those via your sister or brother could be heirs.  They also culled all
defectives.  Their culture existed for thousands of years with a very
limited gene pool.  Just as one may amplify an bad gene one may
similarly a good one.  There are other scientific example.  Thus one
might conclude that a "scientific" arguement against incest is flawed or
even false and not the basis upon which to pass law.

(#79 slipped in)
Santorum's published out of context remarks are not 'unreasoned'.  I
would suggest that his remarks re: the texas case would indicate that
both you and he (and even I) would have a lot in common. For example, 
his "state's rights" arguement is very close to a "libertarian" position
which I believe you hold.  
tod
response 82 of 191: Mark Unseen   Jul 3 04:34 UTC 2003

This response has been erased.

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