Natural Law, Homosexual Conduct, and the Public Policy Exception
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Authors
Marcin, Raymond B.
Issue Date
1999
Volume
32
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The central issue of this conference is interjurisdictional marriage recognition. The early case law on this issue was quite clear: It is universally conceded that generally a marriage valid|where celebrated is valid everywhere marriages contrary|to the laws of nature, and polygamous marriages, constituting an exception to this fundamental rule. Often the "laws of nature" exception in the early cases was referenced to a Christian understanding of natural law: "the laws of nature as|generally recognized in Christian countries....|imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the interjurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. An idea of the older attitude in Anglo-American jurisprudence towards homosexual conduct (or "sodomy" as it was generally known) can be gleaned from a listing of a legal maxim in old Law French in the old Corpus Juris: "Sodomie est crime de majeste vers le Roy Celestre," and translated in a footnote as "Sodomy is high treason against the King of Heaven." At common law "sodomy" and the phrase "infamous crime against nature" were often used interchangeably...
Description
Citation
32 Creighton L. Rev. 67 (1998-1999)
Publisher
Creighton University School of Law