O nowej teorii prawa naturalnego, małżeństwie i wolności religii
On the New Natural Law theory, marriage and freedom of religion
In reference to the book by Sherif Girgis, Ryan Thomas Anderson and Robert Peter George: What is Marriage?
Author(s): Krzysztof MotykaSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Philosophy of Law, Sociology of Law, Court case
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: nowa teoria prawa naturalnego; małżeństwo; wolność religii; Obergefell v. Hodges; New Natural Law theory; marriage; freedom of religion
Summary/Abstract: This article has been written in connection with the Polish edition of the book What Is Marriage? Man and Woman: A Defense by three American representatives of the New Natural Law theory/school: Sherif Girgis, Ryan T. Anderson, and Robert P. George. In the first part, the article introduces the authors of the book as well as their theory/school and its position on marriage as a basic good. Then it discusses the case law of the US Supreme Court relating to same-sex marriage, including the role of the right to privacy in this regard. Particular attention has been paid to the decision of this court in the case of Obergefell v. Hodges, and especially its aspects relating to the freedom of religion that have previously received little attention in Polish literature on the subject. The article ends with a brief overview of several post-Obergefell cases related to same-sex marriage and freedom of religion, including the very recent case of Fulton v. Philadelphia.
Journal: Studia z Prawa Wyznaniowego
- Issue Year: 2021
- Issue No: 24
- Page Range: 25-66
- Page Count: 42
- Language: Polish
