The End of Prohibition
Why gay marriage, getting high, and going to Cuba will soon be legal.
By Jacob Weisberg
October 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."
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.
A few reference points: In April, Obama lifted restrictions on travel and remittances by Cuban-Americans. Last month, the Justice Department announced that it would no longer prosecute cases involving medical marijuana in the 14 states where it is now permitted. Same-sex marriages are recognized in six states and counting. In a larger frame, loosening restrictions and lax enforcement reflect evolving social norms. Since Bush left office, American tourists no longer worry about being prosecuted for visiting Havana without a Treasury license. Gay unions have been celebrated on the New York Times "Weddings" page since 2002. And have you been to Los Angeles recently? You need only tell an on-site doctor at a cheerful, walk-in pot emporium that you've been suffering from anxiety to walk out with a perfectly legal bag of Captain Kush.
The chief reason these prohibitions are falling away is the evolving definition of the pursuit of happiness. What's driving the legalization of gay marriage is not so much the moral argument but the pressures from couples who want to sanctify their relationships, obtain legal benefits, and raise children in a stable environment. What's advancing the decriminalization of marijuana is not just the demand for pot as medicine but the number of adults—more than 23 million in the past year, according to the most recent government survey—who use it and don't believe they should face legal jeopardy. What's bringing the change on Cuba is not just the epic failure of the 48-year-old U.S. embargo, but the demand on the part of Americans who want to go there—whether to visit their relatives, prospect for post-Castro business opportunities, or sip rum drinks at the beach.
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http://www.slate.com/id/2234017/?gt1=38001I hope he's right but not so sure it will come so easily or that it's inevitable.