Freedom to Love Amendment

Freedom to Love Amendment

A modest proposal

 

I submit the following modest proposal for your consideration. Comments and suggestions are welcome.

 

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The Freedom to Love Amendment

Congress shall make no law restricting the right of consenting adults in private to practice sexual love as they will, if it harms none. 

 

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I have been earnestly informed that sex is not gender. Sex is biological; a matter of genotype and phenotype. Gender is social; a matter of the performance of sex. Gender is therefore subject to politics, sometimes useful, often tiresome.

This Amendment bypasses the tiresome politics of gender identity tribalism by explicitly legalizing all non-harmful performances of sexual love. That's the Wiccan Rede: "An' it harm none, do what ye will."

Its emphasis on the practice of love cancels out the philosophically invalid essentialism of gender identity politics. Gender is performative, so it follows the existentialist rule of 'existence precedes essence'. To do it is to be it.

This Amendment has limits. Love in private is one thing; but when families and children and property are involved, then love is very public indeed. So sexual politics will continue. Adulthood and consent have grey areas; so sexual politics will continue there too, usually in circular progress, with a cycle time of two generations.

If this Amendment were ever passed, then of course the compulsive restrictionists will call all genders harmful, except for what they righteously preach in public or hypocritically practice in private. But with this Amendment, they'll have to prove harm for kinks not in line with their own personal sexual hypocrisies.