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So same sex incest is ok, because there'll be no offspring. And it's ok to fuck your mom if you use a rubber. Got it.
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Precisely!
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then we should arrest mothers who drink/smoke/do drugs while pregnant on assault charges? All can cause defects in the baby after all...
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My point was more that there is a genetic drive towards making incest taboo. Long before we knew about genetics, we had taboos about incest. These were abandoned when people got the idea of 'purity' of blood, but that was a departure from a a mode of thought which predates the politics of religion, morals or race.
Whether it should be illegal, is a different matter. I have a problem with laws prohibiting the way people deal with their private life, but the reality is most people aren't attracted to their siblings sexually, precisely because we have a genetic need not to be.
Arresting someone for smoking, drinking or taking drugs during pregnancy carries wiht it the complication of addiction. If someone chose to do those things, free from the drive of addiction I'd say that was an unacceptable level of cruelty if they then bore that child. Addiction is a tough thing to break though, particularly during the stress of pregnancy so whilst there is a level of culpability, there should also in my view be a level of societal compassion.