setter:
This has a good philosophical.historical account of natural law arguments, ‘problems’ (percieved or real), and homosexuality. It contains a short discussion of the place of sterile, but loving relationships. It contains a critique of queer theory, a quick aside on the social constructions of identity, etc.
It’s a long read, and quite dense.
This is an excerpt from your above article link:
Natural law theorists, if they want to support their objection to homosexual sex, have to emphasize procreation
. If, for example, they were to place love and mutual support for human flourishing at the center, it is clear that many same-sex couples would meet this standard. Hence their sexual acts would be morally just.
There are, however, several objections that are made against this account of marriage as a central human good. One is that by placing procreation as the ‘natural fulfillment’ of marriage, sterile marriages are thereby denigrated.
Sex in an opposite-sex marriage where the partners know that one or both of them are sterile is not done for procreation. Yet surely it is not wrong. Why, then, is homosexual sex in the same context (a long-term companionate union) wrong (Macedo, 1995)?
But is this biological distinction also morally relevant, and in the manner that natural law theorists assume?
Natural law theorists, in their discussions of these issues, seem to waver.
On the one hand, they want to defend an ideal of marriage as a loving union wherein two persons are committed to their mutual flourishing, and where sex is a complement to that ideal. Yet that opens the possibility of permissible gay sex, or heterosexual sodomy, both of which they want to oppose. **So they then defend an account of sexuality which seems crudely reductive, emphasizing procreation ** to the point where literally a male orgasm anywhere except in the vagina of one’s loving spouse is impermissible.
Then, when accused of being reductive, they move back to the broader ideal of marriage.
This article excerpt attempts to present a false dichotomy by pitting the unitive and procreative aspect of authentic conjugal love against one another. In fact, these 2 aspects of conjugal love are an essential and indispensable finality of conjugal love, something which homosexual relations lack. Natural infertility in one of the spouses in no way alters the procreative potential of the conjugal act, something which cannot be claimed by homosexual relations.
2363 The spouses’ union achieves the twofold end of marriage: the good of the spouses themselves and the transmission of life. These two meanings or values of marriage cannot be separated without altering the couple’s spiritual life and compromising the goods of marriage and the future of the family.
The conjugal love of man and woman thus stands under the twofold obligation of fidelity and fecundity. (CCC)
Natural law theory, at present, has made significant concessions to mainstream liberal thought. In contrast certainly to its medieval formulation, most contemporary natural law theorists
argue for limited governmental power, and do not believe that the state has an interest in attempting to prevent all moral wrongdoing.** Still, they do argue against homosexuality**, and against legal protections for gays and lesbians in terms of employment and housing, even to the point of serving as expert witnesses in court cases or helping in the writing of amicus curae briefs. **They also argue against same sex marriage ** (Bradley, 2001; George, 2001).
The article author is confusing different level of law and neglecting that natural law application can never violate moral law.
1952 There are different expressions of the moral law, all of them interrelated: eternal law - the source, in God, of all law; natural law; revealed law, comprising the Old Law and the New Law, or Law of the Gospel; finally, civil and ecclesiastical laws. (CCC)
1957 Application of the natural law varies greatly; it can demand reflection that takes account of various conditions of life according to places, times, and circumstances. Nevertheless, in the diversity of cultures, the natural law remains as a rule that binds men among themselves and imposes on them, beyond the inevitable differences, common principles. (CCC)