| 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. [...] 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. [...] ... More broadly, the freest communications medium the world has ever known has raised expectations of personal liberty. In a world where everyone has his own printing press, restrictions on private behavior become increasingly untenable. |