Sexual ethics

Natural Law

Argues that all humans naturally pair off. This follows Divine Law. In accordance with Aquinas' primary precepts, marriage allows the proper 'ordering' of sex for the good of society, to ensure reproduction and to provide the right environment in which to raise and educate children. The secondary precepts in Christian terms are that marriage is lifelong, monogamous and for companionship. In the case of Fletcher's patriotic prostitution example, although the intention was good, the misuse of sex cannot be justified from a natural law position. Premarital sex in a committed relationship might be acceptable if the intention is to fulfil the primary precepts. If the couple intend to fulfil the secondary precepts without the formality of the marriage ceremony, in more liberal Christian traditions, the Church may regard the relationship as effectively marriage. For traditional and official Church teaching, cohabitation lacks the commitment of the marriage vows and is therefore regarded as an apparent good. "That the emission of semen under conditions in which offspring cannot follow is illicit is quite clear." Summa Contra Gentiles

Christian views on marriage and divorce

Based on natural law arguments. Humans tend to pair off for the primary purpose of procreation - from this, other secondary purposes are then derived. • Procreation (primary purpose or good): • Nurture (secondary purpose or good): → Children need to be nurtured (stable family) • Control of sex (secondary purpose or good): → As sex outside marriage would result in children being brought into non-stable relationships, then marriage is there to control the sex drive. Marriage is a sacrament so is more than a contract and is morally and spiritually binding. • Mark 10:9 "Therefore, what God has joined together, let no one separate." As 'one flesh' the couple are not two single people living together but spiritually one. Jesus does appear to have permitted divorce on the grounds of porneia (adultery) but forbids remarriage. There is much debate among scholars whether Jesus completely ruled out divorce. The New Testament teachings on marriage are interpreted in two ways: • Roman Catholics and some Anglicans: a sacrament which is composed of two parts. These signify that an essential spiritual change has taken place and the couple have become 'one flesh'. Marriage is indissoluble and excludes divorce. • For many Protestant Christians, sacrament signifies the establishment of a binding two-way promise or covenant. No essential change takes place but there is a spiritual change in the relationship. Marriage is intended to be a union of minds and bodies in the creation of a loving and stable environment in which children may flourish. Divorce is a possibility when a relationship has broken down but there is considerable disagreement as to whether remarriage is permitted.

Case studies

Cohabitated before marriage: Prince William and Kate Middleton Famous couple who cohabitate instead of marrying: Kurt Russel and Goldie Hawn (cohabitated for 3 decades) Heterosexual couple who have married: Prince Harry and Meghan Same-sex couple who have married: Ellen and Portia Transgender: Caitlin Jenner Divorced: Angelina Jolie and Brad Pitt Adultery: Prince Charles Brad Pitt Jay Z Bisexual: Cara Delevingne (gender fluid) Non-gender Jazz Jennings Shiloh Jolie-Pitt

Christian views on homosexuality

Conservative Protestants and Roman Catholic Church teach that the Bible condemns all forms of homosexual practice because it breaks the covenant relationship between God and his people. • The towns of Sodom and Gomorrah were destroyed by God because of their practice of homosexual rape Genesis 19:1-8. • In 1 Corinthians 6:9-11 St Paul makes a list of 'wrongdoers' who cannot enter the Kingdom of God. Includes male prostitutes and sodomites. Some translations translate as 'homosexuals'. Traditional Christians also teach that as marriage is the proper place for sexual relationships and one of the primary purposes of marriage is to have children, then homosexuality by definition cannot be acceptable. The contemporary Roman Catholic teaching on marriage is set out by Pope Paul VI (1968) in Humanae Vitae: • "Each and every marriage act must remain open to the transmission of life." Sex is to be unitive but must also intend to be procreative and result in children. Any separation of the unitive and the procreative undermines the sacramental dimension of marriage and degrades the relationship of husband and wife. The Catechism of the Catholic Church "Homosexual persons are called to chastity. By virtues of self-mastery that teach them inner freedom, at times by the support of disinterested friendship, by prayer and sacramental grace, they can and should gradually and resolutely approach Christian perfection." Liberal views: • Bible must be read in its historical context and from the perspective of what it means to be in a gay relationship and not focus solely on the physical aspects of sex. • Christianity from its earliest times has had a strong sense of justice, supporting the marginalised against the prejudices of society. So, it is only right and proper to value all human relationships as all people are made in the image of God and have intrinsic worth. Interpret biblical teachings on homosexuality as follows: • Sodom and Gomorrah are condemned because of all kinds of social wickedness, including violence against strangers and rape (both homosexual and heterosexual). • In 1 Corinthians 6:9 St Paul is referring to two practices of masturbation and male prostitution, not gay relationships. Paul also includes this in a list of sins that contains drunkenness and robbery. Jesus preached to all kinds of people and did not distinguish between them because of their sexual orientation. Role of the Church is to be inclusive and to accept that it must also adjust itself to society as well as contribute to it. L. W. Countryman in 'Dirt, Greed and Sex' 1996: Argues that Christians should not impose biblical ideas on modern society as the term 'homosexuality' is used differently.

Weaknesses of situation ethics

Fletcher says provided it is performed responsibly, maturely and with suitable precautions, then pre-marital sex can be condoned by Christians. However, Fletcher does not elaborate on what he means by mature. It is subjective from person to person. One can also be in a mature and loving relationship and things can go wrong. Professor William Barclay = Christian ethics should not be adapted but should reflect the absolute nature of God's morals. He says that increased permissiveness encourages sexual promiscuity with its danger of STI's + children born outside of marriage. Christians cannot condone pre-marital or extra marital sex because fornication is condemned at least 18 times in the bible and adultery 15 times. • In John 8:1-11, Jesus did not condemn an adulteress who had been caught in the act. However, Jesus did not say that her immorality did not matter. He told her that he did not condemn her but she must now leave a life of sinning. Pope Pius XII = thought it was wrong to refer to Free will and conscience over divine revelation and agrees with Barclay that Christian Ethics should be reflecting God and the bible. Tillich backed this up by saying there is far too much pressure to put on humans to know what the right course of action. Joe Jenkins Sex and Ethics: Love is subjective and it is "impossible to predict with certainty what will happen in a sexual relationship.". What can appear to be a loving relationship can sometimes tragically result in unwanted and unwelcome consequences. William Barclay = Fletcher has a habit of choosing atypical, even extreme cases to make a point. Clearly breaking marriage vows and any dishonest in adultery is wrong, but the problem for critics is that the contextual relativism of situation ethics can justify adultery. The problem is that without absolutes other than agape love, individuals can rationalise an affair, or say that the marriage had died before extra-marital sex was begun. Fletcher believed that Jesus said nothing about homosexuality. However, throughout the bible there are references saying sleeping with another man is an abomination...therefore he is directly ignoring Christian principles.

Christian views on pre-marital sex

Forbidden, as both sacramental and covenantal ideas of marriage require an act of sexual intercourse to complete the marriage = consummation of marriage. While Christian teaching remains firm on its teaching on premarital sex, the realities are that a combination of effective contraception and contemporary views that sexual intercourse is not associated with the transmission of original sin (as Augustine taught) have altered many Christians' view of premarital sex. Whereas in the past cohabiting was usually regarded as 'living in sin', this is not so today. • Casual cohabitation: The least formal cohabitation relationship is characterised by a lack of long-term commitment. • Trial marriage cohabitation: Before taking such a serious step as marriage both partners should be sure that they are compatible to ensure that the marriage will last. This form of cohabitation is seen as a short-term arrangement and a form of preparation for the next stage, marriage. • Substitute marriage and ideological cohabitation: Those who never marry but who opt for a long-term relationship without marriage. Traditionally Church says marriage is the most stable and satisfactory basis for family and sexual life. Cohabitation is unacceptable. However, trial marriage is treated by more liberal Christians as being an acceptable part of the process of marriage. Church has to take into account secular attitudes to sex otherwise it will find itself out of step with what ordinary people think. Archbishop of York: "test the milk before you buy the cow."

Weaknesses of Kantian ethics

G.E.M Anscombe described Kantian ethics as "cold and dehumanising." Is an emotional ploy, does not account for effects of emotions. For a topic such as sexual ethics, where emotions play a huge role, Kantian ethics may not be appropriate. Julia Annas: Martha Nussbaund: Kant uses unrealistic examples, therefore not useful. Peter Singer = Should not condemn masturbation (etc.) as they will still happen, we should just try to make them safe. Alasdair Macintyre = possible to universalise anything for personal situations as one can make the statement very specific. AW Wood: Kant's views on sex are repugnant today. Sole purpose of sex does not need to be procreation.

Problems using the Bible

Gender is no longer seen in binary terms. To what extent is the Bible helpful with sexual ethics, if translations are queried e.g. Sodom and Gommorah example. The Bible is not an ethical textbook. Times have changed - is a literal reading of the Bible still possible today? Cultural considerations Gareth Moore - many biblical rules are not forcefully imposed by Christians today: • This leads to a 'pick and mix' culture between biblical expectations and modern interpretations of sexual ethics • E.g. Christians no longer advocate stoning for adultery John 8:1-11 • How do we decide which teachings to follow and which to ignore? Argues there is no condemnation in the OT of lesbian behaviour, as the condemnation of homosexuality was not due to it being immoral for the reasons we would expect = it was immoral because the man would take the subservient role of the woman and would demean himself. Today, women are considered equal to men in society, so the basis of this condemnation of homosexuality disappears. Adolf Grunbaum = Christian sexual ethics is based on the narrow views of old men who claim that this is what God wants.

Bible quotes

Genesis 2:24 "A man...is united to his wife, and the two become one flesh." Exodus 20:14 "You shall not commit adultery." Deuteronomy 22:22 "If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die." 1 Corinthians 6:13 "The body, however, is not meant for sexual immorality but for the Lord, and the Lord for the body." 1 Corinthians 7:8-9 "It is better to marry than to burn with passion." John 8:1-11 "This woman was caught in the act of adultery. In the law Moses commanded us to stone such women." Leviticus 20:13 "If a man has intercourse with a man as with a woman, they both commit an abomination...they shall be put to their death." 1 Corinthians 6:9-10 "Neither the sexually immoral nor idolaters nor adulterers nor men who have sex with men...will inherit the kingdom of God." Galatians 3:8 "There is neither Jew nor Greek, slave nor free, male nor female, for you are all one in Jesus Christ."

Strengths of situation ethics

Jack Dominion: Different situations - one night stands/no danger etc. "Like pre-marital sex, adultery cannot be condemned identically right across the board." "The triple terrors of infection, conception and detection, which once scared people into 'Christian' sex relations have pretty well become obsolete through medicine and urbanism." Fletcher Church should not expect people to abide by an ideal standard that is not their own. "We find nothing in the teachings of Jesus about the ethics of sex...whether any form of sex (hetero, homo or auto) is good or evil depends on whether love is fully served." Fletcher Dietrich Bonhoeffer = Great Commandment "love thy neighbour as thyself" is the single most important rule for Christians to follow. "The Law of love is the ultimate law because it is the negation of law; it is absolute because it concerns everything concrete." Paul Tillich "'Love thy neighbour as thyself' is the ultimate duty." Rudolf Bultmann

Weaknesses of utilitarianism

John Rawls = Utilitarianism is too impersonal as it disregards the rights of the individual (could be used to justify barbaric acts/dictatorship). Motive is irrelevant. W.D Ross objects due to personal relationships, criticises J.S Mill by stating that duty and bonds of affection should override the simple pleasure principle of Utilitarianism. Introduction of prima-facie duties (at first sight duties) to guide an individual in decision making. As in all utilitarian calculations, an assessment has to be made of pain or harm caused and if a sufficient number of people are morally outraged by the idea of homosexuality, then based on the greatest number principal it should be make illegal. How do we measure the pain and pleasure caused? There may be more people who oppose homosexual relationships, but perhaps the pleasure felt by homosexual couples would outweigh the pain? Ayn Rand = Greatest good for greatest number is too self-denying. Your family/you could be in minority but you would have to do action against what you want. William Frankena = in the moment of decision one will always choose to do what they believe is right.

Weaknesses of Natural Law

Michael Foucault's analysis = 'normal' is usually an idea established by those who have a vested interest in controlling society and especially its sexual practices. There is no 'normal' sexual nature, there is no homosexual nature, there is just sexuality. Foucault is suspicious of the very limited procreative purpose of sex used by traditional natural law proponents. W. Norman Pittenger argued that it is inhumane, unloving and un-Christian to condemn gay sex, because full sexual relations are part of the created order: • Asking someone to repress homosexual feelings is equal to "asking someone to reject something basic to his or her nature and hence to live an inhuman life." Richard Dawkins: "There is no long-distance target, no final perfection to serve as a criterion for selection." The Blind Watchmaker Humans may have changeable natures as indicated by different sexual orientations in society. Kai Neilsen criticises Aquinas' belief in a single human nature and points to cultural relativism and differing moral standards as his evidence. Peter Vardy and Paul Grosch: Criticise Aquinas' view of humanity as too simplistic and unholistic - life is too complicated to make generalisations about purpose...this is especially the case when it comes to sexual relationships, as no two relationships are ever the same. Naturalistic fallacy: G.E.Moore in Principia Ethica (1903) was building upon the work of David Hume. He argued that natural law was guilty of committing the Naturalistic fallacy. • Mistake of confusing an 'Is' (Factual Statement) with an 'Ought' (Value Statement). When applied to heterosexual sex - natural law theorists jump from 'Sex is for procreation' to 'Sex ought only to be for procreation.' Jean-Paul Sartre = "Existence precedes essence," challenges the idea that humanity has a purpose set by a higher being. Karl Barth = human nature corrupted by the Fall, human reason is not trustworthy enough to rely so heavily on, we must rely on God's grace and the Bible. Aquinas = homosexuality is not natural as does not occur in animal kingdom, however, it does. Leisur = may be purpose to sex, but sex does not have to fulfil all the purposes at the same time. Jack Dominian (RC) RC Church needs to move with the times. Conflicting precepts: E.g. homosexual adoption. Rejection of reproduction makes homosexuality wrong, but adopting children upholds an ordered society. Dean Haymer - suggests there is a gay gene. Alan H Goldman: Our sexual organs are not used solely for reproduction. Our mouth is not just for eating. Gareth Moore = bible pick and mix.

Utilitarianism on sexual ethics

Mill's liberty principle: "The only freedom which deserves the name is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs or impede their efforts to obtain it." Mill supports negative liberty (the least interference of the state or anyone else to restrict individual behaviour), especially when it comes to different sexual practices on the basis that: • A variety of lifestyles enhances the richness and enjoyment of society • Liberty allows individuals to 'flourish and breathe' according to their own sexual wishes and rational choices • No one can have a monopoly on morality; people should be allowed to make their own moral choices (even wrong ones) • Tolerance makes for a happier society. A good example of the use of Mill's liberty principle in revising the law was Lord Wolfenden's report on homosexuality, which led to the decriminalising of homosexuality. Despite his own Christian objections to homosexuality, Lord Wolfenden adopted Mill's liberty principle as the only rational means of judging whether it was right for the state to interfere with a person's own private sexual behaviour. According to Mill's liberty principle, harming one's self is no reason for the state to intervene, but harm to others is reason to interfere with someone's autonomy. Mill argued that causing moral offence to others is not a sufficient reason for the law to outlaw it. However, this begs the question: if many people are offended then might not this be a necessary condition of harm? If it could be shown that homosexuality causes widespread offence, then some have argued that there is good reason for the law to make it illegal. Can one really claim that private consenting acts have no effects on public morality? Some argue that all our actions and attitudes affect society. So, for instance, if I enjoy watching hard-core pornographic videos at home, many argue that this will inevitably alter the way I think and treat others. This view challenges Mill's notion of private morality. There has been a long-standing view that some same-sex relationships cause harm to public decency. St Paul cites homosexuality as a reason why Roman society had degenerated morally. Where both partners in marriage (or cohabitation relationship) consent to the other having a sexual relationship outside marriage, then this might not be considered problematic according to the liberty principle. But many would regard all cases of adultery or extramarital sex (i.e. with a prostitute) with or without consent of a partner as harmful to the promises made in marriage (or the implicit promises made in a cohabitation relationship) and therefore something which society should consider morally unacceptable. On homosexuality, the key requirement is that both partners consent to the relationship and avoid harm. Utilitarians argue that rejection of homosexuality is frequently based on irrational homophobic prejudice, superstition and religious tradition, none of which take seriously the happiness or interests of the couple.

Kantian ethics on sexual ethics

Principle of the categorical imperative is based on the notion that all humans have a 'good will,' which seeks to treat each other with respect. He called the principle of respect the 'moral law'. Marriage is based on two fundamentals of Kantian ethics: promise keeping and duties. Sex either out of a sense of duty or from lust fails to treat either husband or wife with the respect which moral law requires. Sexual relations must be freely given, absolutely equal and mutually consenting. They must also not treat each other as a means to an end. In the contract of marriage, Kant agrees that sex is acceptable as it is a contract of equals where "two persons become a unity of wills." This also means that premarital sex is wrong. It may be right to make divorce universalisable if one specifies that divorce is only acceptable if the marriage has broken down. Danger of cohabitation is that couples are using each other as a means to an end. Premarital sex, such as prostitution or one-night stands, is unsupportable as the relationship is not between equals and is not based on mutual respect. Prostitution is using a person as a means to an end: • "Nobody can make themselves into an object of the other's enjoyment." Lectures on Ethics Homosexuality falls into the same category as adultery and premarital sex: not between husband and wife. Homosexual sex "demeans man below the beasts," it is contra naturam (against nature). Kant could argue that the use of contraception is wrong based on his principle of universalizability. He would argue that if everyone began to use contraception the human race would die out. This can also be applied for homosexuality.

Strengths of Natural Law

Reflects Divine Law where humans are instructed by God to "be fruitful and multiply, and fill the earth," Genesis 1:28. John Finnis: Includes marriage in his list of basic goods/primary goods. • Marriage includes both sexual union (with the possibility of children) and companionship. Germain Grisez: Sees marriage in the biblical sense of a one-flesh, unbreakable union. "Natural law is the rational understanding of God's final purpose." Mel Thompson 'Teach Yourself Ethics'. • Notion of telos is ambiguous. Sex may equally be regarded as purposeful for recreational and loving ends. Leon Kass = major strength of natural law is that it promotes the biological basis for family life = uninterrupted progression from sexual act, to union of genetic information, embryo development, birth and child rearing.

Christian views on extra-marital sex

Regarded by the Christian Church as grossly immoral. Carried the severest of penalties: Anthony Harvey: "the social consequences of adulterous relationships were seen to be too damaging to be tolerated." OT - adulterers could receive death penalty • Leviticus 20:13 "both the adulterer and the adulteress shall be put to death." However, the punishments for women who had extramarital affairs reflect the view of the time that women were regarded as temptresses and therefore always at fault. A man who had an extramarital affair was not punished (unless it was with a married woman or a virgin). Churches regard adultery as a serious breach of marriage vows, but would place blame and responsibility equally on a husband who has had an affair as a wife who has done the same. Adultery continues to be a justification for divorce. Liberal Christians = depending on circumstances, and with intentions to fulfil marriage promises, divorcees should be allowed to remarry in church (i.e. in a Christian context). Conservative Protestants take the biblical teaching on adultery very seriously and do not allow a Christian remarriage in a church. There is no 'remarriage' in the Roman Catholic Church. Some Churches consider Jesus' apparent ban on divorce and remarriage not to be an absolute ban but a reinforcement of the seriousness of marriage.

Situation ethics on sexual ethics

Right and wrong depend upon the situation. No universal moral rules or rights, each case is unique and deserves a unique solution. Rejects prescriptive rules. IEthical decisions should follow flexible guidelines rather than absolute rules, and be taken on a case by case basis. • "...reflective morality demands observation of particular situations, rather than fixed adherence to a priori principles" John Dewey and James H. Tufts, Ethics, 1922 Situationism holds that in practice what in some times and places we call right is in other times and places wrong. Originally devised in a Christian context, but it can easily be applied in a non-religious way. The Four Working Principles: 1. Pragmatism a. For a course of action to be right, it has to be practical. It must work. 2. Relativism a. Rules (absolutes) don't always apply, they depend on the situation. 3. Positivism a. Kant and Natural Law are based on reason - reason can uncover the right course of action. Situation Ethics disagrees, you have to start with a positive choice - you need to want to do good. There is no rational answer to the question "Why should I love?" 4. Personalism a. Situation Ethics puts people first. People are more important than rules. Patriotic prostitution: There is a war in a country which the government believes could be stopped by clever use of blackmail, but this would involve a woman sleeping with an enemy spy. Thousands of lives could be saved if she is prepared to sacrifice herself. Sacrificial adultery: Mrs Bergmeier in concentration camp. has sex with guard to get pregnant so can return home to family.

Strengths of utilitarianism

Since utilitarians don't share the Bernard Williams = It does not require a belief in God, which suggests a focus on a rational kind of ethics. Provides a practical approach to morality, which can be accessed by everyone. It has an attractive starting point where "good" = pleasure/happiness, preferences. good for sexual ethics - pleasure focused. R.M Hare and P. Singer both encourage individuals to be "impartial spectators" by standing in someone else's shoes. Weak rule utilitarianism still allows for the principle of utility to override laws where principle of utility is not best served. Simple to follow and apply to practical dilemmas. Act and preference considers the impact on non-human beings (focus on sentience). Alec Bourne 1938: Gang rape of 14-year-old, had been turned away from hospital for abortion because she 'may be carrying next president'. Bourne did it, even though it was illegal, which provided most pleasure and happiness for her. Had he not carried out the abortion, she could have ended her own life.