Bestiality should be illegal in all cases in the United States

== Definitions == Bestiality = sex between a human and a non-human animal "Illegal in all cases" means that Pro must prove that every instance of bestiality should be illegal, regardless of circumstances. If Con wins a single example where bestiality should be legal, then Con wins the debate. Zoophile = a person who is sexually attracted to animals; the term is often used to denote someone who is part of the "zoophile" [or "zoo"] community, meaning the person has sex with animals on a semi-regular to regular basis. == Argument == 1) Animals can consent ---(A)--- Animals with advanced cognition and language skills If the only reason that humans cannot have sex with animals is lack of consent, Pro loses because there are clear examples of animals that can give consent. Chimpanzees have advanced cognition and language skills, including the ability to learn human sign language.[1] In theory, a person could teach a chimpanzee enough sign language so that the chimpanzee could actually consent to sex with a human. In addition, Homo sapiens are the most advanced animal species currently discovered. If humans found an ultra-intelligent alien species, it would be classified as part of the "Animal Kingdom." Animalia is characterized as a group of multi-cellular organisms that are capable of movement. An intelligent alien species that met this characterization would therefore be considered an "animal." If this alien species was equally as intelligent as humans, it could most definitely consent to sex with humans. Con wins even if you think bestiality should only be legal if it is with a small subset of [highly intelligent] non-human animals. ---(B)--- Less intelligent species can consent as well Even dogs can consent to sex with humans. According to an expert zoophile, "Animals cannot verbally say yes or no to sex in our human languages but they have other ways to show how they feel. Surely a dog who has mounted, say his human lover, experiences pleasure. This is evident because of his orgasm. Female dogs have orgasms too. Once a dog for example realizes you as a sexual being, they show sexual desire quite often: females will sway their tales revealing their swollen vagina's and dry hump the air in front of you, males will become erect and try to mount. Anyone who is [a] zoo[phile] will be aware of when their animals want sex. More importantly, they will respect their animal partner when they do not want sex. Sometimes when you rub your partner down there they will pull away and sit elsewhere. That is how animals show they are either interested or not. If an animal does not enjoy what is happening to them they will show bodily signs of this: they will tense up, their eyes and ears will move, tails might jitter, and they will pull away. If you continue it could bring painful results: Dogs have powerful teeth and will bite you! Horses can break bones (or worse) with a single kick. Quite simply, it is obvious to see what causes pleasure and pain."[2] This quote raises two important points: (1) consent can be inferred from an animal"s behavior, and (2) there are female zoophiles! If a human woman is having sex with her dog, it is hard to argue that the dog did not consent because the dog has to mount the woman and do all of the work. The dog could disengage at any time. Dog physiology is not conducive to the woman "being on top." Dogs can only do it doggy style. So there is literally no way that a female human could rape a male dog. The fact that zoophile sex happens between human females and male dogs proves consent. The fact that wild animals have made sexual advances on humans proves that they want inter-species sex. "Animal sexual advances on, and attempted interactions with humans . . . have been documented by ethologists such as Kohler, Gerald Durrell and Desmond Morris, [and] Birute Galdikas who studied orangutans in Borneo. For example, Peter Singer recounts: While walking through the camp with Galdikas, [our companion] was suddenly seized by a large male orangutan, his intentions made obvious by his erect penis. Fighting off so powerful an animal was not an option, but Galdikas called to her companion not to be concerned, because the orangutan would not harm her, and adding, as further reassurance, that 'they have a very small penis,' As it happened, the orangutan lost interest before penetration took place, but the aspect of the story that struck me most forcefully was that in the eyes of someone who has lived much of her life with orangutans, to be seen by one of them as an object of sexual interest is not a cause for shock or horror. The potential violence of the orangutan's come-on may have been disturbing, but the fact that it was an orangutan making the advances was not." [3] [7] 2) Even if animals cannot consent, sex with animals is morally permissible ---(A)--- Animals are not morally considerable beings Professor Oderberg argues that rationality is a necessary pre-requisite for a being to have moral rights because to be morally considerable, a being must have (1) knowledge of its moral rights, and (2) the freedom to exercise those rights. [4] Animals have neither. Animals lack the self-reflective ability to know that they have rights. Even if we granted moral rights to animals and gave them a right "not to be killed," an animal would not realize it had this right or know how to assert the right. In addition, animals do not have the freedom to exercise their rights because in our society, animals are viewed as property. An animal enclosed in a pen on a farmer"s land cannot assert that it has a "right to be free." The same conclusion is reached through social contract theory, which posits that humans give up certain rights when they become part of a society. As John Stuart Mills explained, humans agree that in order for the proper functioning of society, when their rights come in conflict with another person"s rights (and thereby harm that person), the State can adjudicate these competing rights claims and prohibit certain behavior. However, non-humans are not part of the social contract, in part because they are not part of "society" [since animals are property, not members of society] and in part because they do not themselves agree to be bound by the social contract (i.e., they never "signed" the contract). Therefore, under Mills" harm principle, harm to animals cannot be a basis for prohibiting conduct. Conduct can only be prohibited if it harms another human being. In conclusion, animals are not morally considerable beings, and therefore humans can do anything they want to animals. In our current society, humans can legally kill animals for pleasure when they are hunting. Since rape is generally considered to be less bad than murder, raping animals for pleasure cannot be worse ethically than murdering animals for pleasure [hunting]. The United States has no moral leg to stand on in banning bestiality unless it also bans hunting. In addition, animals rape each other all the time and are never held to account. For example, approximately one-third of all duck sex is forcible rape.[5] If the concern about animal rape is the violation of bodily autonomy, there is no moral distinction between a duck raping another duck and a human raping a duck. Once again, the US has no moral leg to stand on unless it starts incarcerating ducks for committing rape. Lastly, humans facilitate animal rape all the time. When humans breed animals, they often lock the female animal in a cage with an extremely enthusiastic male, and she is forced to copulate with him - whether or not she consents. There is no moral distinction between forcing an animal to copulate with another animal versus with a human [because the violation of bodily autonomy is the same]. The distinction cannot be out-of-species sex, since we force lions and tigers to breed (to form ligers) and donkeys and horses to breed (to produce mules). The only way that it could be morally permissible for us to facilitate animal rape is if animals are not morally considerable beings and are therefore merely property that the owner can do with as he or she likes. Liger: ---(B)--- Utilitarianism Utilitarianism posits that policies that cause more harm than good should be abandoned and policies that cause more benefit than detriment should be adopted. However, when evaluating harm in the utilitarian calculation, "harm to animals" is not considered (in our society). As philosopher Peter Singer has argued, if you take into account harm to animals, this mandates vegetarianism is most cases because humans could sustain themselves on nothing but vegetables and this avoids a great deal of suffering on the part of animals. The harm to animals would outweigh any marginal benefit to our diets or the pleasure from eating meat. Since the US is not a vegetarian nation, it cannot adopt a utilitarian framework that considers harm to animals as a factor. Ergo, if harm to animals does not matter, there is no reason that a human cannot have sex with an animal, even absent consent. However, even if animals were morally considerable, there is no evidence that rape harms them. Many animals (such as ducks) are raped all the time by others of their species. This is a normal form of reproduction in the wild. Animals do not have the same complex psychologies as humans, and often do not attach the same emotional significance to sex. Our emotional attachments from sex stem from our pair bonding instincts, but most animals do not form long term pair bonds in the wild. For this reason, their bodies do not secrete the pair bonding hormones during sex that create long-term emotional attachments. So even if harm to animals were considered under utilitarianism, the balance would still come out in favor of allowing bestiality because there is little to no lasting psychological or physical harm from the sex. The costs of illegality outweigh the benefits. Between 3.5 and 8 percent of Americans admit to having had sex with an animal at least once.[7] It would cost $5.4 trillion to incarcerate every bestiality offender in the United States. [6] In addition, studies show that sexual frustration leads to rape. [8] For example, when prostitutes and pornography are more available in a society, the amount of rape declines drastically.[8] If zoophiles are not allowed to satisfy their sexual urges on animals, they may take out their sexual frustration on other humans. On balance, making bestiality illegal does more harm than good. 3) Bestiality laws cannot be constitutionally enforced It is impossible to enforce a bestiality law without violating the Constitution. People have a right to privacy, and the Supreme Court said in Griswold v. Connecticut and reaffirmed in Lawrence v. Texas that the bedroom is a private place that the State should not be barging into. The Constitution does not allow the law enforcement tactics that would be necessary to enforce bestiality laws because such methods violate the Constitutional right to privacy inherent in the due process clause of the 14th Amendment. Therefore, because bestiality laws are unconstitutional, vote Con. [1] http://tinyurl.com... [2] http://tinyurl.com... [3] http://tinyurl.com... [4] http://tinyurl.com... [5] http://tinyurl.com... [6] $28,000 average cost of incarceration per year (assuming 2 years in prison); $10,000 cost to arrest [http://tinyurl.com...]; $42,000 per hour court costs (assuming a short 3 hour trial) [http://tinyurl.com...] [7] http://web.archive.org... [8] http://www.debate.org...