Geoffrey R. Stone: "Sex, the Constitution, and Standing Up for Core Values"

Commentary: Sex, the Constitution, and standing up for core values

Many, perhaps most, Americans assume that the sexual values and attitudes of the 1950s reflect the historical norm, and that with the advent of the "sexual revolution" of the 1960s we experienced a historically unprecedented shift in our attitudes toward sexually related issues. In fact, though, history is far more complex than many Americans assume. Homosexuality, for example, was seen as acceptable in the pre-Christian world, and the idea of the "homosexual" as a person with a distinct personal identity did not come into existence until the late 19th century.

Similarly, although many Americans assume that the Supreme Court's decision in Roe v. Wade was radical and revolutionary, in fact, abortion, at least prior to "quickening," which occurs at roughly 41/2 months into pregnancy, was legal throughout human history, including at the time our Constitution was adopted and, indeed, until the late 19th century. It might surprise many Americans to learn that abortion services in that era were widely and openly advertised in the press.

Along similar lines, there were no laws against sexual expression in the United States until the early 19th century, and material that later came to be called "obscene" was widely available and enjoyed in the United States until the era of Anthony Comstock and the late-19th-century social purity movement.

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