SEX AND THE CONSTITUTION

Sexual expression, obscenity, contraception, and abortion are the focus of this wide-ranging legal, political, and social history.

Stone (Law/Univ. of Chicago; Speaking Out!: Reflections on Law, Liberty and Justice, 2010, etc.), a constitutional scholar whose previous books include an award-winning history of free speech, offers a broad, fascinating overview of the nation’s shifting, often incendiary, attitudes toward sexuality and the impact of those attitudes on politics and law. Colonists “clearly and emphatically rejected” Puritans’ repressive views about sex, and the country’s founders, Stone asserts, had no interest in regulating sexuality nor in promoting Christianity. Most were “broad-minded skeptics who viewed religious passion as divisive and irrational, and who consistently challenged, both publicly and privately, traditional Christian dogma.” The claim that America is a “Christian nation” originated in the Second Great Awakening, which swept the country from the 1790s to the 1840s. At a time of unsettling social change, “charismatic preachers” excited religious passions that infused “politics, culture, education, relations between the sexes, attitudes about sex,” and, most significantly, views on the relationship between religion and government. Believing sex to be sinful, evangelicals mounted a campaign against masturbation and contraception; without fear of pregnancy, they claimed, women’s inherent lasciviousness would be uncontrollable. After the Civil War, those ideas were taken up by Anthony Comstock, who policed sexuality with unabated vigor, specifically the dissemination of obscene material through the postal service; obscenity laws persisted even after his death in 1915. In the 1970s, Protestant fundamentalists incited a third awakening, embraced by the Republican Party that coveted the voting power of the Moral Majority. Stone enlivens his narrative with deft portraits of the many judges involved in cases on obscenity, contraception, abortion, and same-sex marriage. Some Supreme Court justices, appointed to uphold the views of the Christian right, disappointed their constituencies. The author applauds decisions that reflect the “protection of human dignity and equality” and believes, maybe too optimistically, that religious groups are now “on the defensive.”

A compelling history of a nation grappling with the moral and legal freedoms that the founders strived to ensure.