Law, Morality and “Sexual Orientation” (Finnis, 1994)


During the past thirty years there has emerged in Europe a standard form of legal regulation of sexual conduct….which I shall call the “standard modern [European] position”…The standard modern European position has two limbs. On the one hand, the state is not authorized to, and does not, make it a punishable offence for adult consenting persons to engage, in private, in immoral sexual acts (for example, homosexual acts). On the other hand, states do have the authority to discourage say homosexual conduct and “”orientation” (ie overtly manifested active willingness to engage in homosexual conduct). And, typically, though not univerally, they do so.

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