lloll4: ice lolly shaped like Mickey Mouse (So?)
[personal profile] lloll4
Look, I know there are still anti-sodomy laws on the books in my country. Attempts to de-criminalise homosexuality have usually smashed up against an overwhelming underwhelmed majority who wonder what the fuss is about and if asked, would probably tell you that they don't know any gay people at all so they're really more concerned with jobs and the economy, thanks. There is a small group who are trying to change things, and there's another small group that says homosexuality shouldn't be de-criminalised. Y'know, my beef is not really with group B, even though I think they are wrong. My beef is that when a person from group B writes an article saying that the laws shouldn't be changed because homosexuality is bad for the community*, it pisses me off when you say things like:

1) "...activities in the bedroom are criminalised in several situations, such as consensual or non-consensual bestiality, paedophilia or incest..." (p.356)

I guess what you mean is non-consensual and consensual paedophilia, and non-consensual and consensual incest, because really, I don't know in what way you can have consensual bestiality. Your dog doesn't like you that much.

2) "The argument from equality falsely assumes that the state should treat all forms of private sexual behaviour as morally fungible. However, how then can the law prohibit, on a principled basis, other forms of prohibited consensual sexual behavior such as bestiality, incest or sex involving minors?" (p.359)

I don't think there is a "No" big enough for this. Lemme say it again: no matter how much you like your pet, you can't get it to agree to sex with you. Because. And the word "minors" tells you they are not deemed to be capable of giving consent, okay? Minors can't drive, can't smoke, can't drink alcohol (the ages of consent vary for these, true). They are minors. The incest part I grant you.

3) "Studies have repeated shown that lesbians and gay men are at increased risk of mental health problems, including depression, substance abuse, and suicidal behavior, compared to heterosexuals." (p.375)

The author is building on her argument about the health risks of gay sex, and the transmission of HIV, but I'm like ohnoyoudidn't. I'm so pissed off at this sentence. I would be depressed too if my sexual behaviour is mentioned in the same breath as bestiality.

4) "This is hardly a neutral ideological shift, gravitating towards a form of radical egalitarianism which draws no distinction between consensual heterosexuality, homosexuality, lesbianism, and bisexualism. If all forms of sexual behaviour are equal, sexual orientation cannot be a basis for discrimination... Furthermore, on this logic, there is no bar to redefining marriage to include same-sex couples, as to understand marriage as the union between man and wife would be discrimination on grounds of sexual discrimination." (p.360)

Um, yeah? And water is wet, right? Mind you, the author frames this as a bad thing.

Excuse me while I laugh and laugh.

I would quote more, but it'd get really long and anyway, it's full of stuff about challenges to our constitution, and by the way, liberalism is dangerous, blahblahblah, and it's not that fun to read. I should also add that those quotes do not give the full flavour of the article. Plus, whatever my personal opinion about decriminalising homosexual acts, I do agree that society's views and norms should be considered before laws are changed**.

All quotes are from "'Don't Ever Take a Fence Down Until You Know the Reason it was Put Up': Singapore Communitarianism and the Case for Conserving 377A" by Yvonne C. L. Lee, Singapore Journal of Legal Studies [2008] 347-394.

*I'm paraphrasing, of course.
**But which society's, eh?
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