Natural Law and Traditional Marriage

Natural Law and Traditional Marriage

By

James Scott Trimm

Recently I wrote a blog about how traditional marriage can be restored in Texas.  This drew some disagreement from some of my Libertarian friends, who viewed this as a violation of freedom of religion.  However traditional marriage is not rooted merely in religion, but in natural law.

Plato on Natural Law

In his foundational work on politicical theory, "The Republic", Plato maintains that the ideal community is, "...a city which would be established in accordance with nature." (The Republic, 428e9). What did Plato mean by this? Plato maintained that we live in an orderly universe (Gorgias 508a) and that the basis of this orderly universe or nature are the "forms" the foundation of which he taight was the Form of the Good, which he describes as "the brightest region of Being".(Republic, 518b–d]) This Form of the Good, according to Plato, is the cause of all things and when it is seen it leads a person to act wisely.(Republic, 540a, 517b–d) In his work, "The Symposium", he closely identifies "Good" with the "Beautiful".(Symposium, 205e–6a.) Also in the Symposium, Plato describes how the experience of the Beautiful by Socrates enables him to resist the temptations of wealth and sex. (Symposium, 211d–e).

Philo of Alexandria on Natural Law

The first century Jewish philosopher Philo of Alexandria taught the concept of Natural Law.  Philo taught that the universe is an effect that must have a cause, i.e. a Creator, and that this Creator has a preference for order as opposed to chaos, as expressed by the order of the universe itself.  Philo taught that implicit to the order of the universe.

(1) Of other lawgivers, some have set forth what they considered to be just and reasonable, in a naked and unadorned manner, while others, investing their ideas with an abundance of amplification, have sought to bewilder the people, by burying the truth under a heap of fabulous inventions. (2) But Moses, rejecting both of these methods, the one as inconsiderate, careless, and unphilosophical, and the other as mendacious and full of trickery, made the beginning of his laws entirely beautiful, and in all respects admirable, neither at once declaring what ought to be done or the contrary, nor (since it was necessary to mould beforehand the dispositions of those who were to use his laws) inventing fables himself or adopting those which had been invented by others. (3) And his exordium, as I have already said, is most admirable; embracing the creation of the world, under the idea that the law corresponds to the world and the world to the law, and that a man who is obedient to the law, being, by so doing, a citizen of the world, arranges his actions with reference to the intention of nature, in harmony with which the whole universal world is regulated. (4) Accordingly no one, whether poet or historian, could ever give expression in an adequate manner to the beauty of his ideas respecting the creation of the world; for they surpass all the power of language, and amaze our hearing, being too great and venerable to be adapted to the sense of any created being.

(On Creation 1-4)

Elsewhere Philo writes:

…for he [Moses] was not like any ordinary compiler of history, studying to leave behind him records of ancient transactions as memorials to future ages for the mere sake of affording pleasure without any advantage; but he traced back the most ancient events from the beginning of the world, commencing with the creation of the universe, in order to make known two most necessary principles. First, that the same being was the father and creator of the world, and likewise the lawgiver of truth; secondly, that the man who adhered to these laws, and clung closely to a connection with and obedience to nature, would live in a manner corresponding to the arrangement of the universe with a perfect harmony and union, between his words and his actions and between his actions and his words.

(On the Life of Moses 2, 48)

To Philo Natural Law is revealed in the very order of the universe, which is the Creator’s work, and thus reveals the will of the Creator. 

Paul on Natural Law

In his letter to the Romans, Paul also addresses this concept that Natural Law is revealed in the very order of the universe, which is the Creator’s work, and thus reveals the will of the Creator. 

[17] For therein is the righteousness of God revealed from faith to faith: as it is written, The just shall live by faith.

[18] For the wrath of God is revealed from heaven against all ungodliness and unrighteousness of men, who hold the truth in unrighteousness;

[19] Because that which may be known of God is manifest in them; for God hath shewed it unto them.

[20] For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead; so that they are without excuse:

[21] Because that, when they knew God, they glorified him not as God, neither were thankful; but became vain in their imaginations, and their foolish heart was darkened.

[22] Professing themselves to be wise, they became fools,

[23] And changed the glory of the uncorruptible God into an image made like to corruptible man, and to birds, and fourfooted beasts, and creeping things.

[24] Wherefore God also gave them up to uncleanness through the lusts of their own hearts, to dishonour their own bodies between themselves:

[25] Who changed the truth of God into a lie, and worshipped and served the creature more than the Creator, who is blessed for ever. Amen.

[26] For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature:

[27] And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.

[28] And even as they did not like to retain God in their knowledge, God gave them over to a reprobate mind, to do those things which are not convenient;

[29] Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness; full of envy, murder, debate, deceit, malignity; whisperers,

[30] Backbiters, haters of God, despiteful, proud, boasters, inventors of evil things, disobedient to parents,

[31] Without understanding, covenantbreakers, without natural affection, implacable, unmerciful:

[32] Who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them.

(Romans 1:17-32 KJV)

And after a few other words he says:

[13] (For not the hearers of the law are just before God, but the doers of the law shall be justified.

[14] For when the Gentiles, which have not the law, do by nature the things contained in the law, these, having not the law, are a law unto themselves:

[15] Which shew the work of the law written in their hearts, their conscience also bearing witness, and their thoughts the mean while accusing or else excusing one another;)

[16] In the day when God shall judge the secrets of men by Jesus Christ according to my gospel.

(Romans 2:13-16 KJV)

John Locke on Natural Law

John Locke, whose political philosophy inspired the founders said that if a ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.

But though this be a state of liberty, yet it is not a state of licence: though man in that state have an uncontroulable liberty to dispose of his person or possessions, yet he has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use than its bare preservation calls for it. The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions: for men being all the workmanship of one omnipotent, and infinitely wise maker; all the servants of one sovereign master, sent into the world by his order, and about his business; they are his property, whose workmanship they are, made to last during his, not one another’s pleasure: and being furnished with like faculties, sharing all in one community of nature, there cannot be supposed any such subordination among us, that may authorize us to destroy one another, as if we were made for one another’s uses, as the inferior ranks of creatures are for our’s. Every one, as he is bound to preserve himself, and not to quit his station wilfully, so by the like reason, when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind, and may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another.

Thomas Jefferson on Natural Law:

Jefferson was clearly influenced by Locke when he wrote in the Declaration of Independence:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Our nation was thus founded on natural law.

Natural Law and Freedom of Religion

John Locke was an early advocate of the freedom of religion.  Writing is his Letters Concerning Toleration he formulated a classic reasoning for freedom of religion based on three points: (1) Earthly judges, the state in particular, and human beings generally, cannot dependably evaluate the truth-claims of competing religious standpoints; (2) Even if they could, enforcing a single "true religion" would not have the desired effect, because belief cannot be compelled by violence; (3) Coercing religious uniformity would lead to more social disorder than allowing diversity

However Locke did not see this freedom of religion as being in conflict with natural law.  And this is because he taught that “reason, which is that law, teaches all mankind, who will but consult it” and as Thomas Jefferson put it, Natural Law is “self evident” and as Paul said “being understood by the things that are made”.

While religion is subjective, “Natural Law” is objective, we can each, independently see the nature of the universe and the intent of the creator which is revealed by it. 

Natural Law and Traditional Marriage

This brings us to the controversial question of gay marriage.  The State of Texas (my state) has a Constitutional amendment defining marriage as a union between one man and one woman.

This definition of marriage is based not on religion but on natural law.  It is based entirely on reproductive biology.  Marriage is a union is generally consummated by the reproductive act.  For this reason we call sexual intercourse "the marital act" and a marriage can be annulled in Texas if either spouse is permanently incapable of engaging in the reproductive act.

Homosexuals are not interested in entering a union between one man and one woman generally consummated by the reproductive act, does not mean that they are victims of discrimination.  Likewise if I am not interested in fighting fires, I cannot demand to be recognized as a fireman and require that the definition of “fireman” be altered to include me.  (By the way this has nothing to do with religion, and everything to do with natural law and reproductive biology.)  Homosexuals cannot perform the reproductive act because, as a matter of natural law, their parts don’t fit together for that act.

Traditional marriage is not an issue of freedom of religion, it is instead rooted in natural law.

Traditional Marriage can be restored in Texas, here is how <click here>.