Should Morality Be Legislated?

By Donny Robbins

In my ministry placement, doing pro-life canvassing, I hear a lot of the same reasons for people supporting the legalization of abortion. The common response I am addressing here is when the person is personally somewhat weary of abortion, but does not want to impose their view on others. For this conversation, I will assume the person is a man (Jim), since they are more likely to want to stay out of the debate.

Me: What is your opinion on abortion?

Jim: Ah, that’s a tough question. I really don’t think it’s my place to say.

Me: Why is that?

Jim: Well, although I feel a little uneasy about it myself, I really don’t think I should be imposing my view on others.

Me: You are not the first person to say this. Do you mind if we explore this idea together?

Jim: Sure

Me: Let me first ask you, do you think there should be laws against rape in this country?

Jim: Well, of course! How could we have a civil society with rape being legal?

Me: I agree, why is that?

Jim: Rape is evil! We all know that.(1) Why are you asking such an obvious question?

Me: Well, it seems to me like you are imposing your own view about rape onto other people. Maybe we should get rid of that law.

Jim: No, no, no. That is not what I meant! The really obvious things like rape, murder, and stealing are different. Everyone agrees they are wrong.

Me: It sounds like you are saying that there are universal moral laws that we all know. At least for those laws, you do think it is ok for people to impose their views on others.

Jim: I suppose so.

Me: Then it sounds like you wouldn’t say absolutely that we can never advocate for a law rooted in a moral perspective?(2)

Jim: Yes, I suppose so, but something like abortion is not universally agreed upon, so it’s different.

Me: Well then, would you be ok with slavery before the Civil War in the South?(3) It was part of their culture, and most people considered it an acceptable moral practice.(4)

Jim: No, of course not. I suppose it’s not about whether a majority of people believe something to be right. I know in my heart that slavery is wrong, along with rape, murder, etc.(5) The obvious ones.

Me: Good, I think we are getting somewhere! I agree with you that we all have some natural inclination toward what is right and wrong.(6) However, as the slavery example shows, we can be wrong in this judgement. I would say slavery is wrong, because it’s founded on a perverse idea to treat others as property. Now, why do you want these evil acts not to happen?

Jim: Because I care about people. People should not be treated that way.

Me: Yes, me too! All people have dignity. Can you better understand why someone like me would advocate for a moral belief to be made law?(7)

Jim: I think I better understand where you’re coming from, but I’m still not seeing how this connects with abortion.

Me: Let’s go back to the natural inclinations. One of the most basic human inclinations is to preserve life.(8) When you jump into a pool and stay under for a couple of seconds, you naturally want to reach the surface to breathe. You wouldn’t just forget to come up. If a child who did not know how to swim fell into the pool, would you do something?

Jim: Yes, I would jump in to save it.

Me: Do you think that reaction is unique to you?

Jim: No, I think nearly every reasonable person would do it.(9)

Me: It sounds to me like you agree that we have a natural inclination to save life.

Jim: I see where you are going with this, but abortion is different.

Me: I think we are finally getting to the heart of the issue. Before that, though, let me summarize what we went through to see if you have been following. We have established that laws are meant to follow moral principles and that there are universal morals within our hearts. We also covered that it’s possible to be mistaken about these natural inclinations. Despite this, the stakes in some cases are too high to do nothing as shown in the slavery example. You also admitted that we have a natural inclination to save both our own lives and those of others. Is that all fair?

Jim: Yes, it is.

Me: So by that logic, if I can convince you that the unborn child in the womb is, in fact, a human life, would you be against abortion morally and support those who work against it?

Jim: Yes.

Me: Now let’s talk about the unborn child…

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(1) Nearly no one has the gall to say rape is not always evil. Deep down people recognize there are universal moral principles. “The view that there are objectively right and wrong things to do, regardless of whether or not people realize it” (Mattison, IMT, 107).

(2) In fact according to Aquinas, all laws should be derived from the natural law otherwise it is a perversion. (Summa Theologiae I–II, q.95, a.2).

(3) The natural law is not always obvious due to faulty reason and the influence of a fallen society. See CCC 1960.

(4) Natural law transcends culture: “this nature is itself the measure of culture and the condition ensuring that man does not become prisoner of any of his cultures, but asserts his personal dignity by living in accordance with the profound truth of his being” (Veritatis Splendor §53).

(5) The natural law is written on our hearts. See Catechism definition on CCC 1954.

(6) I use the word inclination because the natural law is not always obvious, but it is written on our hearts and we are oriented towards the good by nature (Pinckaers, MCV, 100). There could also be something said about how our conscience inclines us toward the good.

(7) “The natural law procures ‘peace and happiness’” (‘Introduction’ to Searching for a Universal Ethic 9). Abortion being illegal promotes the flourishing for both the unborn children murdered and the people involved in facilitating the abortion.

(8) See MCV 200 about natural inclination for preservation of life.

(9) Reason is in accord with nature and thus the natural law. See CCC 1955.

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