ACLU’s Anti-Human Exceptionalism Claim of Constitutional Right to Indulge Sexual Urges in Public

One of the attributes of human exceptionalism is our capacity to control even the most urgent biological urges rather than being controlled by them. If we are hungry, we can decide not to eat, for example. Or, even if we really want that juicy steak that the wimpy looking outdoor diner is eating, unlike animals, we don’t steal the food out of his mouth. We also have the capacity to delay sexual gratification and control where and with whom we express that aspect of our nature. Even if we strongly feel the “have sex” biological urge, that doesn’t mean we have to get right to it in the Pavlovian sense.

But just as some seek to elevate animals to the human moral status, we also see advocacy that would effectually undermine this difference by elevating the importance of the urge and our “right” to indulge—just like animals do. And indeed, the ACLU is proclaiming what would essentially be a right to have sex in public. Its lawyers don’t say it that bluntly, of course. Instead, they have filed a legal brief in the Larry Craig case that, if followed, would create a constitutional right to get it on in public bathroom stalls—ironically in the name of protecting privacy. From the story:

In an effort to help Sen. Larry Craig, the American Civil Liberties Union is arguing that people who have sex in public bathrooms have an expectation of privacy…

The ACLU filed a brief Tuesday supporting Craig. It cited a Minnesota Supreme Court ruling 38 years ago that found that people who have sex in closed stalls in public restrooms “have a reasonable expectation of privacy.” That means the state cannot prove Craig was inviting an undercover officer to have sex in public, the ACLU wrote. The Republican senator was arrested June 11 by an undercover officer who said Craig tapped his feet and swiped his hand under a stall divider in a way that signaled he wanted sex. Craig has denied that, saying his actions were misconstrued.

The ACLU argued that even if Craig was inviting the officer to have sex, his actions wouldn’t be illegal.

Human freedom also brings with it human responsibility. And that includes controlling our desires. The ACLU may not know it, but its advocacy says that we really are mere animals that should not be expected to control ourselves when we have the urge.