# What is the most unjust law?

**URL:** <https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560>\
**Category:** In My Humble Opinion\
**Created:** [November 20, 2012, 12:23am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560 "2012-11-20T00:23:10Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [November 20, 2012, 12:23am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/1 "2012-11-20T00:23:10Z")

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1. What is the most unjust law in your jurisdiction or country? “Your country” means any country where you live or have citizenship. If you live in Los Angeles, you may list any law (Federal, State, local) in effect there or any law effective anywhere in the US, for example a Massachusetts state law. If you live in LA, you can not list a Nova Scotian law unless you have Canadian citizenship.

2. What is the most unjust law anywhere?

A few pointers:

Please interpret this question somewhat broadly. No nitpicking - if the shoe fits somehow you must acquit.

A “Law” need not be a single line item or single numbered item in a statutory code. If you want to mention State Code 3.334.4 through 3.334.9 as a single law, you may as long as the individual items arguably relate to a somewhat specific common purpose. Do not list entire books of law or large sections (e.g. “The entirety of UK motor vehicle law” or “The UCMJ”). Mention what specifically is most objectionable in it. A clearly accepted case law established by precedent counts as a law.

The law can be any type of law - criminal substantive, civil substantive, criminal procedural, civil procedural, administrative (e.g. a law regarding requirements for a Driver’s License), whatever.

“Unjust” means that it, in your opinion, violates some moral, ethical, good-neighborly, or other similar principle that you deem important. A law is not unjust _just because_ it stands in the way of something you want to do.

Citations are not per se required. If the law is well known in the English speaking world, for example the one banning people from pumping their own gas in NJ, you can just mention the law. If you claim that paperclips are illegal in Lichtenstein, please provide some type of justification (e.g. statutory cite, case citation where the law was raised, newspaper article mentioning it, etc.)

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**Author:** ![YourAdHere](https://avatars.discourse-cdn.com/v4/letter/y/65b543/32.png) [@YourAdHere](https://boards.straightdope.com/u/YourAdHere)\
**Post date:** [November 20, 2012, 1:12am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/2 "2012-11-20T01:12:26Z")

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I assume you want laws that are still valid and enforced. (?) Massachusetts, for instance, still has laws on the books against blasphemy, adultery, sodomy, etc, but I assume they are no longer valid or enforceable, having been superseded by the constitution, Lawrence v Texas, et al.  
Massachusetts has all its laws online. There is a section called morality or something and it’s a pretty interesting read.

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**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\
**Post date:** [November 20, 2012, 1:24am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/3 "2012-11-20T01:24:59Z")

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Just because it’s topical, I’d say the most unjust law hereabouts is the one that says same-sex marriage is not allowed, being pretty much the definition of discrimination based on gender.

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**Author:** ![Qin\_Shi\_Huangdi](https://avatars.discourse-cdn.com/v4/letter/q/f04885/32.png) [@Qin\_Shi\_Huangdi](https://boards.straightdope.com/u/Qin_Shi_Huangdi)\
**Post date:** [November 20, 2012, 1:32am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/4 "2012-11-20T01:32:51Z")

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1. Laws legalizing abortion for reasons besides if the mother’s life is threatened, rape, or incest

Not sure about 2, will have to look into actual North Korean or Saudi Arabian laws a bit.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [November 20, 2012, 1:38am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/5 "2012-11-20T01:38:05Z")

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> [@Qin\_Shi\_Huangdi](#):
>
> 1. Laws legalizing abortion for reasons besides if the mother’s life is threatened, rape, or incest.

I suppose there is no way to avoid catastrophic derailing of this thread, though I didn’t expect it so early. But there is no way to call legal abortion unjust on the basis of life beginning at conception, and then turn around a terminate a fetus just because his father is a rapist. If your law against abortion is is just, your exceptions are unjust.

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**Author:** ![GreasyJack](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@GreasyJack](https://boards.straightdope.com/u/GreasyJack)\
**Post date:** [November 20, 2012, 1:46am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/6 "2012-11-20T01:46:46Z")

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Depending on how you want to look at the ethics, I’d pick one of two things.

I think our “one man, one woman” marriage amendment is the most blatantly unfair law on our books right now. However, at this point it’s not really doing _that_ much practical harm to anyone-- except for some rare cases, it’s just a minor inconvenience (and an insult) to committed same sex couples.

On the other hand, the laws that allow for draconian punishments for drug possession are frequently destroying the lives of otherwise law abiding citizens and/or drug addicts who would be better served by treatment. I don’t think drug laws in general are as blatantly unfair as the marriage amendment, but I think the way they stand now are doing a lot more harm.

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**Author:** ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)\
**Post date:** [November 20, 2012, 1:52am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/7 "2012-11-20T01:52:52Z")

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> [@Fear\_Itself](#):
>
> But there is no way to call legal abortion unjust on the basis of life beginning at conception, and then turn around a terminate a fetus just because his father is a rapist. If your law against abortion is is just, your exceptions are unjust.

Except in cases of legitimate rape, a woman _can’t_ get pregnant.

Oh wait…scratch that. I just remembered, I’m not a Republican congressman.

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**Author:** ![picker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/picker/32/13969_2.png) [@picker](https://boards.straightdope.com/u/picker)\
**Post date:** [November 20, 2012, 1:58am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/8 "2012-11-20T01:58:10Z")

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Laws giving self-righteous pricks the idea they can tell women what they can or can’t do with their bodies.

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**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [November 20, 2012, 2:00am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/9 "2012-11-20T02:00:18Z")

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Ok, now that we’ve gotten it out of our system, I’m going to exclude laws allowing/banning abortion or allowing/banning gay marriage.

Are there any jurisdictions where the requirements to get a high school diploma are so discriminatory it’s a travesty? Are there any jurisdictions where the protections a common person has against being placed in a mental institution against their will are so minimal that police can just throw people in the madhouse for anything and everything that they don’t like but that doesn’t technically constitute a crime?

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**Author:** ![AaronX](https://avatars.discourse-cdn.com/v4/letter/a/7bcc69/32.png) [@AaronX](https://boards.straightdope.com/u/AaronX)\
**Post date:** [November 20, 2012, 2:14am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/10 "2012-11-20T02:14:29Z")

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You mean like banning chewing gum?

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**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\
**Post date:** [November 20, 2012, 2:25am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/11 "2012-11-20T02:25:37Z")

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Driver-responsibility fee laws. These laws are responsible for DRASTICALLY increasing the numbers of unlicensed, uninsured drivers on the road, by unfairly impacting thoose who have no means by which to pay these large, ofen-times multiple fees.

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**Author:** ![cmkeller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cmkeller/32/118_2.png) [@cmkeller](https://boards.straightdope.com/u/cmkeller)\
**Post date:** [November 20, 2012, 3:26am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/12 "2012-11-20T03:26:45Z")

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Eminent Domain that allows the state to make a seizure for a private entity, e.g., _Kelo vs. New London_. Terribly unjust.

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**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\
**Post date:** [November 20, 2012, 3:43am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/13 "2012-11-20T03:43:18Z")

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Statutory rape: Someone has sex with a horny, eager teen and the law considers them indistinguishable from someone who rapes babies.

Laws making people even peripherally involved in a felony full accomplices. As in you let your worthless trash boyfriend spend the night, he deals out of your apartment and gets busted, and now congratulations YOU’re a narcotics dealer.

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [November 20, 2012, 3:55am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/14 "2012-11-20T03:55:24Z")

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Zero tolerance without context.

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**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\
**Post date:** [November 20, 2012, 4:02am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/15 "2012-11-20T04:02:09Z")

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A lot of drug sentencing laws (including the ones **Lumpy** described) are extremely unjust.

World-wide, I’d include various rape laws in fundamentalist Muslim jurisdictions where the only testimony accepted is a male’s.

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**Author:** ![Blackberry](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@Blackberry](https://boards.straightdope.com/u/Blackberry)\
**Post date:** [November 20, 2012, 5:37am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/16 "2012-11-20T05:37:15Z")

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> [@Lumpy](#):
>
> Statutory rape: Someone has sex with a horny, eager teen and the law considers them indistinguishable from someone who rapes babies.

What law?

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [November 20, 2012, 8:33am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/17 "2012-11-20T08:33:37Z")

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Many sorts of forfeiture laws are seriously capricious and crappy.

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**Author:** ![CalMeacham](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/calmeacham/32/35_2.png) [@CalMeacham](https://boards.straightdope.com/u/CalMeacham)\
**Post date:** [November 20, 2012, 2:19pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/18 "2012-11-20T14:19:52Z")

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I always thought the Second Law of Thermodynamics was particularly unjust.

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**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\
**Post date:** [November 20, 2012, 3:00pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/19 "2012-11-20T15:00:57Z")

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> [@Senegoid](#):
>
> Many sorts of forfeiture laws are seriously capricious and crappy.

Especially civil forfeiture, as used by law enforcement to summarily seize property, often even before any conviction for a crime has happened.

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**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\
**Post date:** [November 20, 2012, 3:02pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/20 "2012-11-20T15:02:04Z")

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> [@Lumpy](#):
>
> Statutory rape: Someone has sex with a horny, eager teen and the law considers them indistinguishable from someone who rapes babies.
> 
> Laws making people even peripherally involved in a felony full accomplices. As in you let your worthless trash boyfriend spend the night, he deals out of your apartment and gets busted, and now congratulations YOU’re a narcotics dealer.

> [@Blackberry](#):
>
> What law?

Especially “sex offender” scarlet-lettering.

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