Home
/
RELIGION & LIBERTY ONLINE
/
Is It Always Morally Wrong to Obey Unjust Laws?
Is It Always Morally Wrong to Obey Unjust Laws?
May 10, 2025 7:18 AM

The U.S. judiciary has made it increasingly clear that the rights of conscience either do not apply or are strictly limited for people who own businesses that serve the public. We have an obligation to keep fighting against this injustice against this judicial tyranny, but in the meantime, what are business owners to do? How, for example, should they respond when forced to violate their conscience by serving a same-sex wedding?

That question has been recently debated on Public Discourse, the excellent website of the Witherspoon Institute, by Russell K. Nieli and Jeffery J. Ventrella. Both men agree it would be morally permissible and mendable for business owners to avoid violating the law by ceasing to serve all weddings, whether traditional or same-sex, or even by ceasing pletely and finding another line of work. But they disagree on other options. Nieli suggestsit would be morally permissible for such shopkeepers ply with the law and provide services to same-sex couples if they also announced publicly. Ventrella disagrees, arguing plying with an unjust law is always morally wrong and thus that any shopkeeper implementing Nieli’s suggestion would be engaged in an action that is inherently immoral.

Robert T. Miller joins the debate and asserts that a shopkeeper who objects to sex-same weddings but who nevertheless provides services at such weddings generally acts in a morally permissible way if he acts ply with a validly-enacted law, to preserve the goodwill of his business, and to make a just profit.

To begin with, Ventrella is surely mistaken when he asserts plying with an unjust law is always morally wrong. As Aquinas says, unjust laws do not bind in conscience, meaning that a person is under no moral obligation to obey them (unless there is some special reason to do so, as when disobeying would give scandal and lead others into sin). But saying that there is no moral obligation to obey an unjust law is very different from saying that one is under a moral obligation to disobey such a law.

Indeed, a person is under an obligation to disobey an unjust law only if obeying would involve him in moral wrongdoing, which is often not the case. A tax law may impose an unjust confiscatory tax, but a man does not usually sin if he pays the tax. “Offer no resistance to injury. If anyone wants to sue you and take your coat, give him your cloak as well” (Matt. 5:39-40). Similarly, generations of African Americans plied with manifestly unjust Jim Crow laws did nothing wrong plying even though they were not morally obligated to do so. The reason is that there is nothing immoral in sitting in the back of the bus. When African plied with such laws, they suffered injustice; they did mit it.

Read more . . .

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Julian Simon was right: More humans equals more abundance
Population growth continues to correspond with greater overall abundance, pointing to the dignity and creative capacity bound up in humans made in the image of God. Read More… In 1968, biologist Paul Ehrlich published “The Population Bomb,” a best-selling panic manifesto that predicted mass starvation and global catastrophe due to overpopulation. “The battle to feed all of humanity is over,” Ehrlich proclaimed. “In the 1970s hundreds of millions of people will starve to death” and “nothing can prevent a substantial...
What is a Christian view of equality?
The pursuit of political equality will always be necessary because, in reality, people do act unjustly. But this is only the first step toward a virtuous society. Read More… This year, for the first time in American history, Juneteenth was celebrated as a federal holiday. Upon signing the Juneteenth National Independence Day Act, President Joe Biden said that “the emancipation of enslaved Black Americans didn’t mark the end of America’s work to deliver on the promise of equality; it only...
Lessons from the Puritans for a post-COVID world
As we think about how to rebuild from the COVID-19 pandemic and all of the social ills it revealed and exacerbated, the Puritans offer a model for cultural renewal. Read More… America is still slowly reopening and recovering from the COVID-19 pandemic, lockdowns, and restrictions. Over the past year, our nation’s divisions were amplified. Polarization reared its ugly head, manifesting deep-seated hostilities across and among families, churches, and political parties. In the wake of such conflict, one wonders: How can...
A biblical theology of work, Part 2: Wealth creation
In Part 1 of our “theology of work” series, we examined why we work, concluding that following our calling, whatever that may be, provides us with meaning and purpose, and represents mand of God in creation. Part 2 examines the virtues of work, earning a living and using that wealth honorably. Read More… Wealth creation is a divine imperative, though one that generates significant responsibilities. The church fails on business and economics when leaders think only about the responsibilities of...
Brandt Jean’s ultimate act of forgiveness
Mathew 5:7 says “Blessed are the merciful, for they will be shown mercy.” Brandt Jean’s display of forgiveness and call to Christ for Amber Guyger is a powerful alternative to retribution. Displays of Christ-like mercy promote justice as love. Read More… The killing of Botham Jean continues to make headlines after Amber Guyger, an off-duty police officer who mistook Jean for an intruder in her apartment, then shot and killed him, has asked an appeals court to toss her murder...
How a Christian restauranteur navigated the pains of a pandemic
As “executive stewards,” Christian business owners are called to weigh market forces and seek a profit, but we are also tasked with stewarding much more. Read More… The pandemic-era lockdowns caused immeasurable pain to countless businesses, with restaurants experiencing disproportionate levels of pain and suffering. According to the National Restaurant Association, food-service industry sales “fell by $240 billion in 2020 from an expected level of $899 billion,” and by the end of 2020, “more than 110,000 eating and drinking places...
Why the NCAA’s new NIL rules are a win for economic liberty
The NCAA’s new rules represent a paradigm shift in college sports and are sure to bring more economic and social empowerment to the lives of student athletes. Read More… On June 21, the Supreme Court of the United States issued a ruling that changed college athletics as we know it. In an opinion by Justice Neil Gorsuch, the court concluded that the NCAA imposed rules that “are not reasonably necessary to distinguish between college and professional sports.” Gorsuch continued by...
A country for old men: Why American communities need the elderly
For those in their twilight years, work has not reached its culmination, but its exaltation. munity life continues to decline, America needs the leadership of older generations. Read More… America is facing a crisis munity. The prevalence of social media is threatening human relationships. Religious detachment is leading to declining civic participation. Politicians and central planners are increasingly expanding their reach in munities. As the nation desperately searches for solutions to the problem, our leaders may be overlooking our nation’s...
Are billionaires evil?
Our attitudes about the ultra-rich largely depend on our views about wealth and how it’s created. By viewing the market through a lens of collaboration and growth, we can more clearly and accurately assess the contributions of the wealthy. Read More… Criticizing billionaires has e a popular cultural trend, based on anti-rich sentiment that was recently exacerbated by a ProPublica report that leaked the tax returns of the 25 wealthiest Americans. The report’s findings were interesting but not particularly surprising,...
The antidote to Americans’ crisis of ‘meaning’
Meaning is not a gift one should hope or expect to be artificially manufactured or stumbled upon throughout life. Rather, it is a blessing already intrinsically bestowed upon every individual. What this blessing requires is a response. Read More… What do you want? Or, better yet, what do you want from what you want? It turns out, more than money or praise, humans yearn for a purpose. And new data indicate Americans are lacking that meaning and connection in their...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved