A New Formulation of a Natural-Law Argument against Contraception

A NEW FORMULATION OF A NATURAL-LAW ARGUMENT AGAINST CONTRACEPTION ''THEnaturally given structure of the sexual act"that is a phrase one often encounters in discussions of contraception. The contention here is that there is no such thing, if we are talking about the human act; for human acts have their structure from intelligence. Just insofar as an action is considered according to its naturally given structure, it is to that extent not considered as a human act-i. e., as a moral act-but rather as a physiological process or as instinctive behavior. Action with a given structure and acts structured by intelligence differ as totally as nature differs from morality. Nature has an order which reason can consider but cannot make and cannot alter. Morality has an order which reason institutes by guiding the acts of the will. There is, then, no naturally given structure of the sexual act as a human act. I do not mean to deny, of course, that there are given anatomical, physiological, and even psychological structures. But all sexual acts presuppose and make use in one or another way of what is given by nature. Masturbation and homosexual behavior are observed among some of the higher animals, and such behavior must be admitted to be natural. It no more violates laws of nature relevant to sex than orbiting the earth violates the law of gravity. In both cases, all relevant natural laws will be seen to be fully observed if these laws are considered in all their complexity. The violation is illusory and the illusion arises from the abstract consideration of one natural law apart from others. In concrete cases the whole group of natural laws, including those we usually ignore, leads to unexpected consequences. As soon as this point is understood, one sees that it is futile to argue that any act is right or wrong by appealing to its 343 344 GERMAIN G. GRISEZ naturally given structure. The given structure of sexual action is a matter of fact, and since it is natural, it c;an not be violated. The morality of sexual acts is a matter of ought, and the very meaning of " ought" implies that the subject matter is in our power to such an extent that what will in fact occur is contingent on our freedom. Artificial interference in the physiological process of ovulation for the purpose of remedying sterility-e. g., by means of rebound therapy-is accepted as moral. Therefore, if the natural process were the standard of morality, a contraceptive use of the same hormones would be no less acceptable. Interference in intercourse by transporting semen from the vagina to the higher parts of the uterus to remedy sterility is accepted as moral. Therefore, if the integrity of the structure of the act were the criterion, taking the semen on a trip in the opposite direction would be equally acceptable. More basic is the point that the structure of sexual intercourse itself does not occur simply as a given fact of nature. It depends on choice. Man, unlike the dog, has a fertile imagination for designing new postures. There are plenty of possibilities, as the books on technique indicate, for adopting different arrangements in the coupling of bodies. And there are plenty of possible sexual acts that do not couple bodies in a way that would ordinarily be called intercourse-e. g., sodomitic relations using the anus, sodomitic relations (which may be mutual) using the mouth, or simple mutual masturbation -and all such sexual acts are equally suited to heterosexual and to homosexual relationships. As we see from Kinsey, a biologist viewing behavior merely from a biological viewpoint can see nothing more or less natural about any of these acts. . Clarity on this point-that the structure of human sexual intercourse is not naturally given-is important for at least three reasons. In the first place, if this point is understood, we will waste no time trying to deduce morality from anatomy, physiology or psychology. In the second place, we also will avoid the grievous error of NATURAL-LAW ARGUMENT AGAINST CONTRACEPTION 345 supposing that if we surrender on contraception, a certain residual respect for...