their vices. Not only will it save the sinners from themselves, but it will also make it easier for the virtuous to get their nine hours every night. Need it be said? Bork doesnât have to listen to rap music if he doesnât care for it; Dr. Laura doesnât have to engage in premarital sex (anymore) if sheâs opposed to it (now); Jerry Falwell doesnât have to join the ACLU; Bill Bennett doesnât have to have a same-sex marriage if he disapproves. Law-abiding Americans who listen to rap music, indulge in premarital sex, feminism, and agitate for gay marriage do no harm to those who donât enjoy these activities or share these goals. Bennettâs marriage, for instance, doesnât appear to have been harmed by legal gay marriages in the Netherlands. (If straight marriage in the United States is such a delicate institution that even a national conversation about gay marriage can destroy it, as Bennett argues in The Broken Hearth , then the institution of straight marriage isnât long for this world. The next light breeze should blow the thing away.)
What the moaners and groaners at the Republican National Convention, Fox News, and on the op-ed pages of the Wall Street Journal refuse to accept is that freedom isnât a one-way street. Itâs not even a two-way street. Freedom is space, weightlessness, room to maneuver, to go your own way. Itâs people blasting off in all directions. We should agree to disagree about certain things like, say, drug use or premarital sex, and, when necessary, establish reasonable rules to prevent people from slamming into each otherâsuch as laws against assault, rape, and murder, laws that set an age of consent for sexual activity, laws against drinking and driving. Beyond these simple rules, however, the freedom to pursue happiness must be regarded just as Thomas Jefferson described itâan inalienable right, God-givenâor all our rhetoric about freedom is meaningless.
Do some people get harmed in the pursuit of happiness? Arenât peopleâand neighborhoods and whole citiesâharmed by, say, the drug trade? Arenât prostitutes frequently harmed by violent clients? Doesnât adultery destroy homes? Yes, yes, and yes. But much of the harm done by drugs, prostitution, and adultery should be laid at the feet of the virtuous. Itâs their meddling that often creates the harm, not the sins in and of themselves. There would be no money, and therefore no gangs or violence, in the drug trade if drugs were legalized and their sale taxed and regulated. When was the last time beer distributors killed each other? Oh, yeah: prohibition. If prostitution were legalized, an American prostitute with a violent client or abusive pimp could turn to the police for protection, just as prostitutes do in the Netherlands. If every couple were encouraged to have a realistic, rational conversation about the near-inevitability of infidelity in long-term relationships, fewer homes would be destroyed by adultery. But the political right wing doesnât allow for realistic, rational conversation about anythingâtune into Fox News anytime to see irrational, unrealistic nonconversation twenty-four hours a day. Furthermore, the law shouldnât be concerned with preventing people from harming themselves. Our bodies and minds and souls are our own, and we should be free to use and abuse and dispose of them as we see fit.
Not all sinners lack virtue, and not everyone whoâs technically virtuous is ethical. A woman who commits adultery with her husbandâs permissionâor in her husbandâs presenceâhas to be viewed as more virtuous than a faithful man whoâs married to a woman he emotionally abuses. Yet adulterers are universally condemned by the virtuecrats, without any regard for their particular circumstances. Similarly, all users of illegal drugs are condemned. Yet a man who smokes a small amount of pot every day in his own