CASE ANALYSIS: NATURAL LAW THEORY
In 1993, Hawaii became the first U.S. state to legalize same-sex marriage, when the State
Supreme Court of Hawaii ruled that laws against same-sex marriage violate the equal
protection clauses of the United States and State of Hawaii constitutions. A few states
and localities have followed Hawaii in this decision (Hawaii, however, has reversed it),
while Colorado tried to pass an amendment to the state constitution (which passed but
was struck down by the State Supreme Court of Colorado) that exempts homosexuals
from anti-discrimination laws. The Defense of Marriage Act, a federal bill passed in
1996, by offering a federal definition of marriage as heterosexual, excludes same-sex
couples from any of the benefits of marriage under federal law and allows states to refuse
to recognize same-sex marriages authorized in other states.
Using Natural Law Theory, answer the following questions: From a moral (not legal)
point of view, should we permit same-sex marriages? Which decision is more in the
right, Hawaii’s original decision to allow same-sex marriage or the federal government’s
decisions to limit recognition of same-sex marriages? You may appeal to any claims
about human nature that you wish.