By Jacob Weisberg
Slate.com
Posted Saturday, Oct. 31, 2009
"I think this would be a good time for a beer," Franklin D. Roosevelt said upon signing a bill that made 3.2-percent lager legal again, some months ahead of the full repeal of Prohibition. I hope Barack Obama will come up with some comparably witty remarks as he presides over the dismantling of our contemporary forms of prohibition—laws that prevent gay marriage, restrict cannabis as a Schedule I Controlled Substance, and ban travel to Cuba. "You may now kiss the groom," perhaps, or—a version of the comment he once made about smoking pot—"I inhaled—that was the point."
Prohibition now is different from Prohibition then. When the 18th Amendment went into effect in 1920, it was a radical social experiment challenging a custom as old as civilization. Its predictable failure—the gross insult to individual rights, the impossibility of enforcement, the spawning of organized crime—came to an end when Utah, of all places, became the 36th state to ratify the 21st Amendment in 1933. Today prohibition is a byword for futile attempts to legislate morality and remake human nature.
Our forms of prohibition are more sins of omission than commission. Rather than trying to take away longstanding rights, they're instances of conservative laws failing to keep pace with a liberalizing society. But like Prohibition in the '20s, these restrictions have become indefensible as well as impractical, and as a result are fading fast. Within 10 years, it seems a reasonable guess that Americans will travel freely to Cuba, that all states will recognize gay unions, and that few will retain criminal penalties for marijuana use by individuals. Whether or not Democrats retain control of Congress, whether or not Obama is re-elected, and whether they happen sooner or later than expected, these reforms are inevitable—not because politics has changed but because society has.
(More here.)
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