In a recent lecture, Dr. W. Robert Godfrey of Ligonier Ministries regretfully acknowledged the waning influence of Christian morality in America. But he also cautioned, “Let’s not depend on having law enforce what we think is right.”
On the surface, that sounds like the old adage “you can’t legislate morality.” Secularists have often used that slogan to silence the Christian voice in the public arena, and Christians have succumbed to the taunt like frightened sheep.
But what is law but morality legislated? You can’t legislate anything except morality – except perhaps immorality.
But whose morality are we going to legislate? Law is based on morality, and morality is based on religious belief. For example, Exodus 20:13 says, “Thou shalt not kill.” Every society has laws against murder. We don’t just tell people murder is frowned upon, and we’d appreciate it if they’d refrain from killing people. We give that moral principle the force of law, severely punishing those who violate that moral principle, because murder violates the basic human right to life and is therefore morally wrong. Just about everyone would say that’s reasonable, but it involves legislating morality!
Now, if we are going to protect the right to life by criminalizing murder, we must determine at what point that protection begins. Fertilization? Viability? Birth? Sometime after birth? Whichever we choose, we are legislating somebody’s moral values into law. Hardly anybody is “pro-choice” on murder, except that many are “pro-choice” on the murder of preborn children.
Exodus 20:15 says, “Thou shalt not steal,” and larceny is illegal in every state. But a 2023 poll found that while 67% of the public believe shoplifting is always wrong, 4% believe shoplifting is always acceptable, and 19% believe it can be acceptable under some circumstances. I suspect larger percentages believe it is acceptable to defraud insurance companies because they have plenty of money, and many believe it is ok to not report income on a 1040. If we force these people to conform to the majority’s view of theft and property, are we not legislating morality?
The same is true of just about any law we pass. Even speeding laws involve moral considerations about safety vs. efficiency: “Thou shalt not drive more than 70 mph on the Interstate because in so doing thou mightest unduly endanger the life and safety of thy neighbor” (King James Version). Or consider the moral considerations involved in laws protecting eagle eggs, or ones restricting insecticides that might endanger honeybees. During the recent COVID epidemic, the controversy over laws requiring masks and vaccinations involved moral considerations of the value of human freedom vs. the need to protect people from the spread of disease.
When Christians work for just legislation, or when they work to elect legislators who will vote for just legislation, they are not being spiritual bullies. They are seeking to protect the rights of the vulnerable and enact policies that benefit the country.
That said, Godfrey was more than a little correct. Some things should not be legislated:
- Going to church is good, but church attendance should not be compelled by law.
- Generosity is good, but people shouldn’t be jailed for being stingy.
- Rudeness is wrong, but people shouldn’t be fined for not saying “please” or “thank you.”
- Government should be hesitant to prosecute “victimless crimes.” But sometimes, we haven’t looked hard enough to find the victim, and some things need to be illegal just because they are wrong.
And although we need laws protecting the God-given right to life of preborn children, just making abortion illegal is not enough. After the Supreme Court overturned Roe v. Wade (1973) with Dobbs v. Jackson (2022), many thought the battle against abortion was won. But there are more abortions now than before the Dobbs decision, although this is largely due to the availability of chemical abortion. Regardless of what the law says, if a substantial portion of the public disagrees with it, many will disobey the law. When law gets too far ahead of (or behind) public opinion, it loses the respect it needs to be effective.
When Godfrey said, “Let’s not depend on having law enforce what we think is right,” I don’t think he meant we shouldn’t work for just laws. Rather, he was saying that it isn’t enough. We must enact just laws, then work to create a consensus that the moral principle behind the law – in the case at hand, the right of the preborn child to life – is right and just.
Christian activists, this doesn’t mean we should withdraw from the battle. It means our job is bigger than previously thought. We must press on with renewed vigor!
Col. Eidsmoe serves as Professor of Constitutional Law for the Oak Brook College of Law & Government Policy (obcl.edu), as Senior Counsel for the Foundation for Moral Law (morallaw.org), and as Pastor of Woodland Presbyterian Church (woodlandpca.org) of Notasulga, Ala. He may be contacted for speaking engagements at [email protected].
