Natural Law and the Regulation of Sexuality: A Critique
نویسندگان
چکیده
Today, natural law theory offers the most common intellectual defense for the differential treatment of gays and lesbians. Leading natural law theorists, such as John Finnis,2 Robert George,3 and Richard Duncan,4 have eagerly inserted themselves into debates about law and sexuality. If their arguments are sound, it is permissible to treat gays and lesbians differentially as a matter of law. Natural law theorists defend a range of policies in this regard, from antisodomy laws, to allowing persons to discriminate against gays and lesbians in employment and housing, to a fierce opposition to same-sex unions or, in their watered-down version, civil unions. In general, natural law theorists believe that it is rational for the state to 'discourage' homosexuality through such policies. Furthermore, they believe that other laws regulating sexuality are permissible and potentially beneficial, such as forbidding the sale of contraceptives to unmarried persons.
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