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Legislating Morality: Why Everyone is Doing it
By Frank Turek

It never fails. Whenever some conservative takes a stand on a moral issue, some liberal somewhere will indignantly claim, “You can’t legislate morality!” How many times have you heard that worn-out phrase? Incredibly, it’s not even true. As the Apostle Paul declared in 2Cor. 10:5, Christians must “demolish arguments and every pretension that sets itself up against the knowledge of God.” It’s time we demolish the pretension, “You can’t legislate morality.”

Morality is about right and wrong, and that’s what laws put into legal form. Can you think of one law which doesn’t declare one behavior right and its opposite wrong? The truth is all laws legislate morality (even speed limits imply a moral right to life). And everyone in politics — conservatives, libertarians and liberals — is trying to legislate morality. The only question is: “Whose morality should be legislated?”

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It never fails. Whenever some conservative takes a stand on a moral issue, some liberal somewhere will indignantly claim, “You can’t legislate morality!”

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ORIGINAL: car2ner

We legislate morality all the time. You cannot break into my house and take my things without breaking the law. You cannot get mad at me and shoot me down without breaking the law. You cannot sexually molest anyone in my family, even if it feels natural to you, without breaking the law. We struggle over what is the correct moral stand but we legislate it all the time. Allowing an action is just as much legislating it as not allowing an action.

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who's morality?

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.” It’s time we demolish the pretension, “You can’t legislate morality.”

Morality is about right and wrong, and that’s what laws put into legal form. Can you think of one law which doesn’t declare one behavior right and its opposite wrong? The truth is all laws legislate morality (even speed limits imply a moral right to life). And everyone in politics — conservatives, libertarians and liberals — is trying to legislate morality. The only question is: “Whose morality should be legislated?”

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ORIGINAL: dbark

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.” It’s time we demolish the pretension, “You can’t legislate morality.”

Morality is about right and wrong, and that’s what laws put into legal form. Can you think of one law which doesn’t declare one behavior right and its opposite wrong? The truth is all laws legislate morality (even speed limits imply a moral right to life). And everyone in politics — conservatives, libertarians and liberals — is trying to legislate morality. The only question is: “Whose morality should be legislated?”

When people say "you can't legislate morality", I think they probably are clever enough to understand that most laws are about imposing a standard of morality that is acceptable to the people it governs. I would think they are talking about something else. I don't think many who've read the bible would argue that adultery is immoral or that pre-marital sex is immoral or even telling a lie in an everyday situation is immoral, but I haven't heard many people out asking the government and the courts to start prosecuting people for these sins.

It's one thing to say that homosexual behaviour is immoral, it's another thing entirely to say that it should be punished by law. That is what people mean by saying you can't legislate morality.

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It's one thing to say that homosexual behaviour is immoral, it's another thing entirely to say that it should be punished by law. That is what people mean by saying you can't legislate morality.

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ORIGINAL: WanderingLamb


You have a point there. I had thought of that too - how adultery is still considered immoral by most, but not punishable by law...unless you're talking about secretly marrying a second spouse!

But still the article is not necessarily saying more crimes should be punished...no one is advocating punishing homosexuality. In regards to that issue, the question is whether to legitimize it.

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It's one thing to say that homosexual behaviour is immoral, it's another thing entirely to say that it should be punished by law. That is what people mean by saying you can't legislate morality.

So, what you're saying is that when people use this phrase ("you can't legislate morality"), they simply mean that not all crimes can be realistically punished, or that not all potential laws can feasibly be enforced?

Is this phrase not used in other contexts, as in the abortion debate? I've heard so many say they are against abortion, but they don't think they should force their views on everyone, that women should have a choice. Wouldn't this be an instance in which one might argue, "you can't legislate morality"?

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ORIGINAL: WanderingLamb

What are your thoughts? How much should your beliefs, your world view, be kept to yourself?

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ORIGINAL: WanderingLamb

But still the article is not necessarily saying more crimes should be punished...no one is advocating punishing h*mosexuality. In regards to that issue, the question is whether to legitimize it.

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ORIGINAL: huangshan

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ORIGINAL: WanderingLamb

What are your thoughts? How much should your beliefs, your world view, be kept to yourself?

Assuming one has some modicum of freedom of speech, one should be able to be very open about one's beliefs. To the extent that your beliefs would adversely affect the rights of another, I don't see what basis they have in being a part of the law of the state. That just means that a majority can tyrannize a minority.

Broadly speaking, if something is consensual, it should be legal. If you have a problem with certain consensual acts, like certain kinds of sex or usage of certain kinds of substances or adhering to certain religious traditions, unless they impinge on your rights, you should simply elect to educate the public and abstain from the activity yourself.