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At present, the Constitution says: “The state recognizes the family as the natural primary and fundamental unit group of society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.”

Curtis further contended, with a long history to back it up, that slavery could exist only where “positive law” expressly sanctioned it.

"All I'm going to say is that, ultimately, if we are going to win the battle to protect religious freedom in an increasingly secular society, we will need more than positive law."

“It allows states to respond, through the enactment of positive law, to the initiative of those who seek a voice in shaping the destiny of their own times without having to rely solely upon the political processes that control a remote central power.”

The conflation of ‘natural law’ with ‘positive law’ handed communism a philosophical victory after the end of the Cold War.