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Dana Radcliffe

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Should Public Policy Conform to "God's Law"?

Posted: 02/24/2012 11:27 am

It is no surprise that, as a conservative, presidential candidate Rick Santorum promises to use executive power to press for prohibition of abortion and same-sex marriage. What is remarkable is that, now that he is the Republican front-runner, he continues to argue for his social agenda by insisting that civil law should "comport with God's law."

Although Santorum's invoking divine authority for his stances is applauded by many religious conservatives, it has sparked widespread outrage among liberals and moderates, with some even warning that he seeks to impose "Christian Sharia law" on the country.

Those alarmed by Santorum's claim that human laws must align with a "higher law" should note that this belief is not inherently contrary to individual freedom or democratic values. After all, in his "Letter from Birmingham Jail" -- a classic defense of nonviolent resistance to racist policies -- Martin Luther King Jr., asserted that a just law is "a man-made code that squares with the moral law or the law of God" and an unjust law is "a code that is out of harmony with the moral law." In the Declaration of Independence, Thomas Jefferson argued that King George III had lost his right to rule the Colonies because his government had repeatedly violated Americans' rights -- to life, liberty, and the pursuit of happiness -- with which all men were "endowed by their Creator."

Thus, while I don't share Santorum's ideology, I am not troubled that it is driven in part by his religious beliefs. To be sure, like many others I'm put off by his moral certitude on what seem to be essentially debatable issues about which rational people disagree. I'm also repelled by his evident contempt for the views of people who don't share his opinions on difficult moral questions. Both attitudes were on display last week when he accused President Obama of embracing a "phony" theology.

Moreover, as a Christian, I find parts of his theology -- presumably the "real" theology -- mystifying. For example, I cannot see how the freedom to practice my faith is, as his website alleges, "under attack through the redefinition of marriage." Indeed, since New York legalized same-sex marriage last summer, I have not noticed any diminution of my religious liberty.

What is more, I'm chagrined that Santorum pretends that "God's law" isn't open to competing interpretations, both across and within different religions. What he means, of course, is God's law as interpreted by the Catholic Church, but why should non-Catholics who believe in a moral law accept the Church's rendering as the correct one? In fact, on some matters -- such as contraception, one of Santorum's favorite topics -- the Church's interpretation is rejected by most American Catholics.

These complaints, however, are peripheral to the main problem with Santorum's faith-based advocacy of disempowering social policies.

In a democracy, when a political leader supports new laws intended to deny some citizens personal freedoms they see as basic liberties, he owes those citizens a reasonable justification of the policies. Hence, if he calls for outlawing abortion and same-sex marriage, he has an obligation to offer Americans who are female or gay credible reasons why it is morally permissible for the government to do that.

Since we are a religiously diverse country where freedom of religion is a fundamental right, it is clearly inadequate for the leader to respond that such practices can properly be banned because they violate God's law (as he interprets it). "Your behavior must be prohibited because it conflicts with my religion" is an argument that has no validity in a political system founded on respect for individual rights and equality under the law.

In such a system, a politician who urges the proscription of certain activities is duty-bound to defend his position by appeal to common moral principles accepted, at least implicitly, by most citizens. In the public square, the argument that abortion violates the right to life we all take ourselves to have commands the respect -- if not the assent -- of other citizens in a way that "God forbids it" does not. (Conversely, those who are pro-choice properly state their case in terms of a woman's having the right to liberty of which Jefferson spoke rather than disputing their opponents' theology, even if they think it's "phony.")

There is nothing wrong with a politician's being motivated by religious reasons to champion controversial policies. But he has to understand that, in a modern democracy, such policies must be publicly justified by moral reasons whose persuasive power does not depend on their connections to religious dogmas.

Santorum is right that Americans care about the morality of public policy. But he is wrong to infer, as he apparently does, that they want political leaders who equate morality and "God's law."

 
 
 

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03:09 PM on 03/20/2012
Religious, speech and assembly freedom in full of the individual, business owners, institutions churches and their affiliates, so long as no lives are physically hurt or property destroyed can not be violated in any way by any law, period. The church and its' affiliates must not conform to the culture and violate biblical mandates, but should based on medical and other evidence shape the culture from a biblical world view, the heritage of our nation.
10:26 AM on 02/26/2012
While these laws are stated as religious texts I believe they do not originate there. Most evolved from basic respect for ones neighbors and originate not with the Bible but in common human interaction. This conventional wisdom was incorporated into religions as they evolved. .
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jerryengelbach
Working class heritage
10:57 PM on 02/24/2012
I never want to hear a politician invoke god for any reason whatsoever.

The Constitution is the guiding document of the United States, not the Bible, the Torah, or the Koran.
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marshhen
Northern by birth, southern by choice
07:52 PM on 02/24/2012
If the majority vote for it, what is the problem? Isn't that democracy?
12:18 AM on 02/25/2012
No, that isn't. The majority can't vote to enslave a minority, or deprive them of other fundamental rights. That's also part of democracy.
09:46 AM on 02/26/2012
When an action violates the rights of the minority, then that is not democracy, it is the "tyranny of the majority", something that numerous people, including John Adams, regarded as injurious to liberty.
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modeforjoe
We had the experience, but we missed the meaning
07:13 PM on 02/24/2012
Going to church doesn't make you a christian any more than sleeping in a garage makes you a car.

Grow up, Santorum.
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modeforjoe
We had the experience, but we missed the meaning
07:10 PM on 02/24/2012
Good for you in bringing this up. If we lose sight of the concept of a "higher law"--as a concept, I say--we are immersed in the mundane. Moles, tunneling forward but never seeing the sky.

Many of the greats were motivated by "higher" laws, higher expectations for their fellows--Thoreau, Socrates certainly come to mind.

But the history of "higher law" is something that truly transcends dogma per se. The ideas contained w in dogma may actually be "higher," but the surrender to dogma itself is not the pathway to self realization, wisdom. So it is said by others at least.
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John Harvey
06:42 PM on 02/24/2012
Who's "God's Law" or who's understanding of "God's Law"?
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ljmck
Stand Up, Show Up, Speak Up
06:09 PM on 02/24/2012
If Santorum confabulates "God's law" with that of his own religious beliefs, I'd like to remind him that the seat of his church -- a non-American, not democratic entity -- is in Vatican City, a sovereign city-state.

Is he suggesting that we in the U.S. hand our sovereignty to a foreign entity? Or that we submit to laws that were handed down by a religious organization beyond our shores, to say nothing of being beyond our votes? Leading such a movement could be fairly characterized as treason, could it not?

I thought we elected U.S. citizens to write and enact our laws and did not depend on their being decided upon and handed down by a foreign country.

And to think I was called radical for opposing a war in the 1960s! My, oh my.
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Janicot
Been to paradise, never been to me...
08:22 PM on 02/24/2012
That's a very good point. The Pope is both the spiritual and temporal head of the Catholic Church, the seat of which is considered a sovereign state. Does that not make him a temporal head-of-state as well?
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f0rTyLeGz
Everything is falling.
05:54 PM on 02/24/2012
"There is nothing wrong with a politician's being motivated by religious reasons to champion controversial policies."

It disturbs me that grown-ups "believe in" supernatural beings.
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SadButWiser
05:15 PM on 02/24/2012
I think the separation between the church and the state should include no visiting rights by either parties clause, at any time or under any circumstances. As it is, they visit each other whenever they like it.
08:05 PM on 02/24/2012
Read oud Constitution carefully Do you any referrence to "separation of Church and state"?
10:18 AM on 02/26/2012
your literal need for word-for-word meaning should shame you. Then again, I see few devout believers who know what shame even means. That pride is a sin, and yet you are so proud of both your religion and your country is rather surreal in it's irony.

The seperation of church and state is explicitly proscribed in the First Amendment; in the same paragraph that gives you (as a member of a church, or a subscriber of a faith).

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Got it? For the very same reason that Congress cannot tell a Christian to close their Bible, get off the stage, shut up and go home, Congress cannot also stand on their own stage, Bible in hand, and say that their interpretation of it (or any interpretation of it to the exclusion of other religions and those who beleive in none of them) is better than all the rest.

I have found your brand of ignorance - deliberate and willfull avoidance of obvious truths that are not what you want to hear - to be the most vile perversion of the very ideal of freedom.

Freedom of one person's beliefs must not come at the expense of another.
10:21 AM on 02/26/2012
Right now, dear Christian, no one is claiming that Christians can't practice their faith; but when Christians practice of their faith demands that everyone else be obliged to follow it as well, you've truly corrupted the whole concept to the detriment of us all.

Churches, by the way, demanded the seperation of church from state, because they did not want the government to interfere with their faith. The bargain to make it mutual was neccessary to uphold the integrity of logic.

Now, as a Chrisitan, ashmont, (I'm making assumptions based on your position, but maybe you agree that the Muslim church or the Jewish church or the Church of the Flying Spaghetti Monster never can be seperated from the state) you might want to pay closer attention on the law that does keep church seperate from state, lest the numbers some day turn out to not be in your favor and you wake up in a theocracy.

And if waking up in a theocracy (of a theology quite different than your own) scares you to your core,

now you have some idea how many of the rest of us have felt all along.
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JShankel
I want my country forward
05:05 PM on 02/24/2012
No, public policy should be based on only one thing: the coming war with the forces of Xenu. Well, you can't PROOOOOOVE that Xenu doesn't exist, right? That means we should at least hedge our bets and base all our public policy on clearing out our thetans and preparing for the final galactic conflict. You know, just to be safe. And if you disagree, you are oppressing my religious freedom. We need to start teaching this stuff in high school. At least teach the controversy.
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capjas1369
04:58 PM on 02/24/2012
Why don't people like this ever run for office?
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Hazegrae
My isms: optim, femin, athe, altru.
04:53 PM on 02/24/2012
The problem is, it isn't a logical argument for them but an emotional one. You can point out facts and argue logically all you want, but it won't make a dent in the emotional stance taken by the Right wing in general and Ayatollah Santorum in particular.
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eddy joe
welcome to the machine
04:51 PM on 02/24/2012
Should Public Policy Conform to "God's Law"? Only for those that want to be saved.
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JShankel
I want my country forward
05:04 PM on 02/24/2012
How can public policy only apply to people of a particular faith?  "Congress shall make no law respecting an establishment of religion."
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Funkstronaut
The Prince of Wassoon
07:11 PM on 02/24/2012
Save us from empty rhetoric.
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stevendavisphoto1
04:46 PM on 02/24/2012
very good article. as a christian i felt this made a lot of sense and is what i've been trying to tell my more conservative friends.