Prohibition Henry W. Jessup (1923) Term Paper

Lie the prohibition, religion also plays a role in this debate. Fundamentalist Christians for example believe that both gay marriage and abortion are wrong and should not be allowed in society. On the other hand, there are those who are raped, cannot afford another child, or would like to be married to make their love official, although they are both men or both women.

The problem with using Constitutional amendment to prohibit any form of human rights is that such legislation becomes self-contradictory. The Constitution guarantees human rights, while amendments to prohibit these are unconstitutional. Like the prohibition, it is more likely than not that problems will ensue when prohibiting the right of human beings to conduct their lives in a certain way. This is particularly true of gay marriage. Those who are against it generally hold their opinions for aesthetic or religious reasons, and certainly this is their right.

While abortion is a somewhat more controversial issue, it is still not something that should be decided by ignoring the opinion of a major sector of American society. Doing this will result in the country no longer being a democracy in which people have fundamental rights of lifestyle and living.Furthermore, like the Prohibition, amending the Constitution to deny citizens certain rights is likely to result in black market, lawless, and dangerous practices. Indeed, such amendments will probably have the opposite effect of what is intended: lovers will find a way to be together, and desperate women will find a way to have abortions. Legislation against such practices could be not only detrimental to social peace, but also to the very lives of those involved.

Sources

Bash, Dana. Politics: Senate set to reject gay marriage ban. CNN.com, June 6, 2006. http://www.cnn.com/2006/POLITICS/06/06/same.sex.marriage/index.html

Jessup, Henry W. State Rights and Prohibition Annals of the American Academy of Political and Social Science, Vol. 109, Prohibition and Its Enforcement. (Sep., 1923), pp. 62-66. http://www.jstor.org/cgi-bin/jstor/printpage/00027162/ap030238/03a00070/0.pdf?backcontext=page&dowhat=Acrobat&config=jstor&userID=/01c0a8486600501041f2&0.pdf

Rovner, Julie and Inskeep, Steve. Election 2006: S.D. Rejects Abortion Ban, Missouric Backs Stem Cells. http://www.npr.org/templates/story/story.php?storyId=6454486.....