Quest for legalizing same-sex marriage: a natural law analysis

Abstract

Marriage equality through legalizing same-sex marriage has become a long-running debate where law and morality play a vital role. Leading natural law theorists, such as John Finnis, Robert George, and Richard Duncan have attempted to offer the most common intellectual defense for criminalizing same-sex marriage and such relationships. Conversely, Ronald Dworkin in discussing the connection between law and morality has not seemed to have believed in the entire discriminatory legal framework for homosexuality. The objective of this research piece is to explore a new possible approach to defending same-sex marriage through the lenses of natural law. The author intends to critically analyze the natural law theory on homosexual marriage as advanced by John Finnis while investigating the Dworkinian perspective of justifying same-sex marriages. Selected Dworkin and Finnis mainly because they both specifically have addressed the moral issues involved in the debate on same-sex marriage from contrasting standpoints. Although Finnis has aimed homosexuality as unacceptable and immoral, Dworkinian liberalism approaches the issue purely based on the principle of equality. It is intended to argue that recognizing same-sex marriage is a way to reiterate the commitment and solidarity that is needed in forming the foundation of the union called ‘marriage’, regardless of sex, gender, or sexual orientation of the parties concerned. Public interest demands an objective approach to the issues cropping up as to the relationship between morality and law. This is doctrinal research particularly based on primary and secondary legal resources. The author concludes that legal recognition of same-sex marriages against all odds is a matter ofjustice and is in the interest of the public good.