Can You Legislate Morality?

So I was going to write about how you can’t legislate morality, and to that end I did some research. Yes, believe it or not I like to have actual factual information for my rants, not just my thoughts and beliefs. Anyhow, in doing this research I found numerous articles from Christian sites making the argument that you not only CAN legislate morality, but it MUST be done and in fact IS being done. “BAH!” I exclaimed loudly (in my head, where most of my conversations take place….). I had to read these frivolous articles so I can denounce them!

But you know what? Some of them actually made some sense. Not all of them, of course, and none made complete sense. They were definitely biased. But there was some interesting thoughts. And I’m going to completely disregard any of the comments on the linked articles, because yeah…. People love to hide behind the anonymity of the internet to spout their vitriolic hate. That’s coming from both sides of the argument, by the way. Not just one.

Let me preface the rest of this by stating I believe “Morality” is subjective. What one person believes is immoral may be perfectly natural for another. What some would seek to prevent, others celebrate. There are some points that most people will agree on, of course, but many others that are in contention. So, for this discussion we’ll use the definition from Dictionary.com which states morality is “conformity to the rules of right conduct.”

Micah Watson stated in his article “Why we can’t notlegislate morality”: The truth, however, is that every law and regulation that is proposed, passed, and enforced has inherent in it some idea of the good that it seeks to promote or preserve.  Fair point. Laws are generally enacted with the idea of promoting some sort of good. No killing, no stealing. I think that’s reasonable. Laws against pollution, sure. I’m good with those. We should protect the environment because it’s the only one we’ve got. Watson goes on to say: As Hadley Arkes has argued, if it is wrong to torture other human beings, then we do not content ourselves with mere tax incentives to encourage citizens to stop. We know that the wrong of torture requires that this choice be removed altogether from the domain of what is acceptable. Again, fair point.  A pair of philosophers once stated that we should “be excellent to each other.” Totally on board with that.

Watson sums up his article thus: To legislate, then, is to legislate morality. One can no more avoid legislating morality than one can speak without syntax. One cannot sever morality from the law. Even partisans of the most spartan libertarian conception of the state would themselves employ state power to enforce their vision of the common good. Morality for the sake of the common good? Yeah, okay, going back to the no killing or stealing or torturing, sure. All in the name of the common good, why not?

Where I run into difficulty is with people like Frank Turek. In his article “Legislating Morality: Why Everyone Is Doing It” he confuses morality with will. He states: ‘…what is so often missed in this debate is that pro-abortion activists want to impose their morals on others as well: they want to impose the morals of the mother on the baby and, in some cases, the father.’   Now, I don’t agree with abortion. I think it’s wrong although in some select instances acceptable. Turek is stating that the woman carrying the fetus is imposing her “morals” on the fetus, when instead it is her “will”, her desire, that she is imposing. Granted, her poor decision may have gotten her into this situation in the first place. I’m not arguing that point. What I’m saying is that she is choosing to have an abortion. That has less to do with conforming to the rules of right conduct and more to do with her desire to not be pregnant.

Turek goes on to state: ‘If Christians are to be effective in politics, then we must be able to answer this “cramming morals” objection. As with most liberal objections, Christians must learn to challenge the assumption behind the objection. This objection assumes that it is immoral to impose morals! Therefore, good questions to ask such a person are these: “Why shouldn’t I cram my morals down your throat? Is there something immoral about that? And if there is, by what standard do you come to such a conclusion? Is it just your opinion or is it really, absolutely wrong according to an objective standard outside yourself?”’

Here I really must object. Making Christian morals, or any religious morals, into law is forcing others to live by those standards. Okay, sure, the Bible has some good rules to live by: no killing, no stealing… wait, that sounds familiar….. There are other laws in that same set that many tend to disregard completely, such as honoring the seventh day and not coveting. Then there are other laws in the Bible that are completely disregarded, such as when a man rapes a woman he is required to marry her, or when a man dies his brother must marry the widow. But that’s a different discussion. There are currently laws based on Christian morality, such as the infamous “Blue Laws” or Sunday Laws. In many areas of this country, businesses are closed on Sunday. In businesses that are not closed, some things are not available for purchase, such as alcohol. Sure, if a business owner wants to close on Sunday, that’s fine. If they want to stay open but not sell things, that’s their choice. Making it a law removes that choice. I’m not a Christian, so I’m out mowing my yard on Sunday afternoon when I get a thirst for a beer. I have none at home, but I can’t go to my local grocer and buy some simply because someone else decided I shouldn’t buy beer on Sunday, something about the “Sabbath Day.” Oddly enough, Sunday isn’t the Sabbath, but again that’s another discussion.

Other things are illegal for no justifiable reason beyond the concept of morality. Gambling and prostitution, for starters. The Bible says nothing about gambling, although criticizes people who want money (except for the churches, of course). Yes, it condemns prostitution, but this is an example of forcing your morality onto others. In parts of Nevada, for example, prostitution is not only legal but alive and well. Being legal means the women are better treated and not subjected to the violence they would encounter in areas where it’s illegal. This article by Dylan Love in The Business Insider gives some idea of what the reality is.

Speaking of prostitution, this article by Gary C. Burger makes the claim: ‘Let's be frank, a lot of people who say, "You shouldn't try to legislate morality" aren't really thinking of all the merits of various legal and ethical systems. ... From my experience it comes down to this: the most cited reason is a selfish and self-centered demand of a guarantee of personal sexual freedom. I'm not kidding; it's often all about sex!’  Yes, sexual freedom is one of the things that have been outlawed based on religious principle. Look at issue of same-sex marriage. Many states have outlawed not only same-sex marriage, but homosexual relationships period. According to this article by Charlie Jane Anders, Georgia has banned all sex toys. North Carolina has banned adultery, as well as lying about being married in order to share a motel room. Pennsylvania has a law saying oral and anal sex are illegal. You cannot cohabit with an "ancestor or descendant."

So, because the Bible doesn’t like it, nobody is allowed to do it? You may or may not agree with these acts, but telling people they can’t do it because you don’t like it? It’s like the meme that’s gone around Facebook: Banning something because you don’t like it is like getting mad at the person in line ahead of you for ordering a chicken sandwich because you don’t like chicken sandwiches. It’s like telling the person in the booth next to you at Perkins that they can’t order pie because you’re on a diet. It’s nonsense.

Yes, you can legislate morality if you consider morality as we’ve defined here. However, religion does not belong in legislation. If you want to avoid something because of your religion, great. Do so, by all means. You do not, however, have the right to tell me I can’t do something simply because you don’t think I should. So long as my actions have no bearing on your life, you have no rights. As C. W. McCall put it, if you ain’t contributing to the way I’m living your support don’t mean a lot (or in this case lack of support). Live your life the way you want, and let me live mine the way I want.

Christian Nation? Guess again....

I would like to preface this by saying I am not attacking any religion. I am not saying mine is better than yours. I am simply making a statement. I cannot help that you infer something other than what I imply.

Today is September 11. The twelfth anniversary of the attacks on the World Trade Center and Pentagon, as well as the plane that was reportedly bound for the White House before being brought down in Pennsylvania. I do not know who was behind it, although I have my thoughts. Some say it was Muslims, some say it was our own government, some say it was a third party. I don’t know, and for the sake of this rant, it doesn’t really matter.

My rant today is in response to all the people proclaiming that this is a Christian nation and how we need to get back to God.

No, we don’t. This is not, nor has it ever been, a “Christian” nation. I’m not arguing about the theological beliefs of the founders. Each one had his beliefs, and that’s great. What I’m saying is that the Founding Fathers were smart enough to realize not everyone has the same faith, or the same beliefs. Even those under the same blanket umbrella term have varying beliefs. Even different people sitting in the same church have differing opinions of what they are supposed to believe.

Again, I’m not bashing Christianity. I don’t agree with it, can’t believe in it, but then I don’t HAVE to. That’s the point I’m getting at. This country was founded with the concept of Freedom of Religion. Each of us is allowed to believe what we want. Where we run into problems is when members of certain sects try to force everyone to follow the same belief system. The First Amendment  prevents this from happening completely, although it does take place in far too many local areas.

Examples of this are the “Blue Laws” or “Sunday Laws” found in many areas. These were created by secular governments at the behest of religious lobbyists who believed everyone should take off the “Sabbath Day” (despite Sunday not being the real Sabbath Day). It didn’t matter if everyone in that area held the same beliefs or not, they all had to live by the same religion based rules. And yes, these are allowed because the First Amendment specifies that the FEDERAL government will not make any laws regarding religion, but says nothing about local or state governments.

But I digress. This is not a Christian nation. This is a nation founded with the idea of having Christians and Muslims and Jews and whomever else living together in peace. People would be allowed to worship as they believed so long as that worship did not infringe on someone else doing the same. For example, it doesn’t matter to me if you think Sunday is the Sabbath, or Saturday, or Wednesday. Just don’t tell me I can’t go shopping on that day because it violates your religion. You don’t have to agree with mixed race couples or same sex couples, but don’t tell me who I can and cannot be in a relationship with just because it violates your religion.

If you want to pray to your god, or God, or Gods, or whomever, to get this country great once more, I’m fine with that. If each of us who have some sort of religious belief did that, it might actually happen. If you don’t have any religious beliefs, I’m fine with that too. Don’t mock me for having beliefs, and I won’t mock you for not having them.

I’m digressing again. Back on topic…. This nation was created by men who knew people would argue over who believes the truth and who doesn’t. They specifically designed for each of us to be allowed to worship or not worship as we choose, in peace, without fear of attack by narrow-minded people who can’t handle the thought that someone else might be different. Some of them were Christian, sure. Not all of them. That didn’t stop them from setting down the point that everyone is free to believe what they want. 

So no, this is not a Christian Nation. Nor is it necessarily a Religious Nation. It is a nation of individuals who were supposed to be able to live together in tolerance, if not peace and harmony. What a shame we can’t have that.

Faith or Superstition?

Dictionary.com defines faith as “a belief that is not based on proof.” The same site defines superstition as “a belief or notion, not based on reason or knowledge, in or of the ominous significance of a particular thing, circumstance, occurrence, proceeding, or the like.” So, what’s the difference? Basically, there is none. The only difference is your point of view. “Well, but the Bible says….” Using a book as proof that same book is legitimate is not an example of critical thinking. Rather, it’s an example of illogical thinking. I can produce books that say Santa Claus is real, or Superman or Spiderman. That makes them no more or less real than anything in the Bible or the Torah or the Koran, no matter what your faith in that book is.

Religion has become a very hot topic lately. There are extreme points of view from religious and non-religious people. There are even arguments over whether the government should make laws enforcing a particular religious belief, or at the very least make laws that coincide with particular beliefs. The notion behind such thinking is that because these people believe their religion to be the one true religion, everyone else should be required to follow the tenets of that religion regardless of their own personal beliefs.

One problem with this is the First Amendment. According to Archives.gov: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…. This includes forcing others to follow your religion despite not believing in it. For example, if those of the Jewish persuasion managed to get a law passed banning pork products, imagine the uproar by Methodists and Baptists.  “That’s not OUR religion, so why should WE have to follow their rules?” Yet so many want to do just that with issues such as gay rights and birth control and many other things. “Well, but that’s because we’re right. Our holy book says so. And besides, their ‘religion’ is just a bunch of superstition and not real.”

Unfortunately, there are already laws on the US books that are based on religion. Many areas won’t sell alcohol on Sunday because of religious reasons. Same sex marriage is illegal in most of this country because “the Bible says it’s wrong.” I’ve talked to several people who call themselves Christian, and one thing most of them agree on is that anyone who doesn’t believe the same way they do is condemned to eternal damnation. What they don’t seem to understand is that damnation is a construct of that religion. Those who don’t believe in that religion also don’t believe in the constructs of that religion.

What I’m trying to say, in the words of Shepherd Book, is that it doesn’t matter what you believe in as long as you believe in it. The catch is to let others believe as they will without forcing your faith onto them. Accept their superstitions. Absolutely, be willing and ready to share yours. Just don’t force it. Human nature is such that (and anyone who has raised children can vouch for this) the more you push, the more resistance you meet. Understand your own beliefs and let others understand theirs. If you don’t believe something is right, then don’t do it. Just don’t try to claim everyone should live by your rules just because you believe your superstition is right and theirs is wrong. Yeah?