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Q: I read in the news the other day that two men were arrested in Malawi after they got married contrary to that country’s laws. There was also a lot of hullabaloo recently when some Kenyan men got married in the UK. I hear it is illegal. Why should it matter what two mature and consenting adults do in private so long as it does not threaten individual or State security?
A: This question brings to fore the age-old debate on law versus morality. Whereas there seems to be a general consensus that one of the broad functions of law is the provision of support for the moral ordering of society, this remains extremely controversial.
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