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Question: Could a U.S. State outlaw kissing.

fantome profane

Anti-Woke = Anti-Justice
Premium Member
I am asking this question purely in the sense of legality and constitutionality. I am not asking if any state should, or would pass a law banning kissing. And I am not even asking if they could get enough votes to do it. Just from a legal constitutional perspective.

“It shall be illegal for any individual to press his or her lips against the lips of another individual or against any uncovered skin of an other individual”

Could such a law be passed? We have seen the Supreme Court declare laws banning abortion are constitutional, and Justice Thomas opining that “Griswold, Lawrence, and Obergefell” are all case that should be re-examined.

So could a state take away the “right to kiss”?
 

epronovost

Well-Known Member
Very probably. They probably could already prior to that decision. It's already forbidden to be naked in public for example. It's also illegal to have sex in public so I guess you could forbid kissing, but I'll be a smart *** and say we should then start liking each other's tongue instead of pressing our lips. CHECKMATE!!!
 

fantome profane

Anti-Woke = Anti-Justice
Premium Member
Very probably. They probably could already prior to that decision. It's already forbidden to be naked in public for example. It's also illegal to have sex in public so I guess you could forbid kissing, but I'll be a smart *** and say we should then start liking each other's tongue instead of pressing our lips. CHECKMATE!!!
Just to clarify. I am not just talking about kissing in public. This would include kissing in private. In the home, in the bedroom, in the backseat of your car, in a “speakeasy” style kissing club etc. Makes no difference especially if the right to privacy is non-existent.


(As for tongue licking I will let the courts adjudicate)
 

epronovost

Well-Known Member
Just to clarify. I am not just talking about kissing in public. This would include kissing in private. In the home, in the bedroom, in the backseat of your car, in a “speakeasy” style kissing club etc. Makes no difference especially if the right to privacy is non-existent.

That's true, but how would you be able to prosecute those people. You have no way to prove it if they don't do it in public or at least in view of other people. That's basically how anal sex became legal (at least for heterosexual).
 

Windwalker

Veteran Member
Premium Member
I think we should make sex illegal. That way there would be no need for laws regarding abortion. Stop it at its source, I say. Vote for a country free from the sin of sex.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
I am asking this question purely in the sense of legality and constitutionality. I am not asking if any state should, or would pass a law banning kissing. And I am not even asking if they could get enough votes to do it. Just from a legal constitutional perspective.

“It shall be illegal for any individual to press his or her lips against the lips of another individual or against any uncovered skin of an other individual”

Could such a law be passed? We have seen the Supreme Court declare laws banning abortion are constitutional, and Justice Thomas opining that “Griswold, Lawrence, and Obergefell” are all case that should be re-examined.

So could a state take away the “right to kiss”?
As much as I would like to exclaim, "GET A ROOM"!

I would regard such a law as unconstitutional and worthy of the crazy law collection.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
I think we should make sex illegal. That way there would be no need for laws regarding abortion. Stop it at its source, I say. Vote for a country free from the sin of sex.
As an alternative....
Sexy Japanese robots!

 

epronovost

Well-Known Member
The pursuit of happiness.

That's not in the US constitution if memory serves me right, but in the US declaration of independence which is not law. For that matter if "pursuit of happiness" was a constitutional right, women would have had the right to vote, own property, use contraception, get education, practice any job they qualify for and get abortion from the get go.
 

Sand Dancer

Crazy Cat Lady
I think we should make sex illegal. That way there would be no need for laws regarding abortion. Stop it at its source, I say. Vote for a country free from the sin of sex.

Maybe the Shakers were onto something. Definitely not onto each other though...
 

Valjean

Veteran Member
Premium Member
Sure they could. Why not? What would stop them?

Laws are made by man, and change constantly. They often reflect the societal attitudes and mores of the day. They are not necessarily utilitarian, compassionate or fair. Ickyness and moral attitudes trump social utility, fairness, and freedom, particularly when people are insecure of fearful.
 

Stevicus

Veteran Member
Staff member
Premium Member
I am asking this question purely in the sense of legality and constitutionality. I am not asking if any state should, or would pass a law banning kissing. And I am not even asking if they could get enough votes to do it. Just from a legal constitutional perspective.

“It shall be illegal for any individual to press his or her lips against the lips of another individual or against any uncovered skin of an other individual”

Could such a law be passed? We have seen the Supreme Court declare laws banning abortion are constitutional, and Justice Thomas opining that “Griswold, Lawrence, and Obergefell” are all case that should be re-examined.

So could a state take away the “right to kiss”?

One thing about the US system which has been obvious to some of us: If enough lawyers agree on something, the government can do just about anything it wants. If the only thing standing between freedom and tyranny is the hope that a few lawyers might actually do the right thing, then we're already in serious trouble.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
That's not in the US constitution if memory serves me right, but in the US declaration of independence which is not law. For that matter if "pursuit of happiness" was a constitutional right, women would have had the right to vote, own property, use contraception, get education, practice any job they qualify for and get abortion from the get go.
If the Declaration of independence conflicts with the Constitution, I would surmise there is a huge horrible problem here.
 
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