是的。這又回到我們先前的話題：許多人希望根據宗教價值來訂定民事法(civil law)。然而，去探索「在沒有民事損害的情形下，不該創立或執行民事法規」(where there is no civil damage, no civil law should be created or enforced)的思維，可以有益於人類。
Laws about human sexual expression are not observed to be beneficial to humanity.
Neale: Well, they are all broken anyway.
Neale: So all they do is create more anger, shame, guilt, and “hiding out” around our sexual behavior.
That's what is true.
Neale: Yet surely there should be some laws, such as the law against rape.
That is not a law against sexual expression, that is a law against assault. Assault of any kind—defined as the unwarranted and unwanted physical advance of one person upon another—is against the law. Humanity has agreed upon that.
Neale: What about laws prohibiting discrimination based on sexual preference? Or what about so-called Hate Crime legislation, which imposes additional penalties if an act of aggression is committed because of a person's race, gender, sexual life- style, or nationality?
Those, too, are not laws prohibiting or regulating sexual expression. I have no judgment on any of them. Humanity has to decide for itself about them.
Neale: I think that the last law actually prohibiting an actual form of sexual expression in the United States was a law against what had been labeled sodomy, and that law was finally struck down by the U.S. Supreme Court in the summer of 2003. I do not feel that the private sexual behavior of two consenting adults is the appropriate purview of the law, the courts, or any facet of the criminal justice system—and the Supreme Court apparently agrees. Still, many people howled.
Yes. This gets back to the discussion we had earlier about many people wanting civil law to be based on religious values. It may benefit humanity to explore the thought that where there is no civil damage, no civil law should be created or enforced.
Neale: Does that include the law against prostitution?
In many places, prostitution is legal.
Neale: Yes, I know. In Belgium, Germany, the Netherlands, and Switzerland, it is openly practiced as a business, complete with storefronts. And in fact the simple act of exchanging money for sexual services is legal in most countries of the world. It is not legal in the United States—except in most Nevada counties, where, strangely, it is.
So what, then, is the issue with prostitution, morality or geography?