Home
/
RELIGION & LIBERTY ONLINE
/
Is It Always Morally Wrong to Obey Unjust Laws?
Is It Always Morally Wrong to Obey Unjust Laws?
Nov 29, 2025 11:30 PM

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
Liberty and license
Max Blumenthal over at Arianna Huffington’s overhyped new blog, “The Huffington Post,” concludes that “the struggle for America’s future is not a conflict between political parties, but between two ideologies. One values individual freedom, the other, clerical authoritarianism. True conservatives should choose sides more carefully.” Blumenthal misunderstands the true nature of freedom, ignoring the moral foundation of freedom and lumping it in with “clerical authoritarianism.” As Lord Acton says, “Liberty is not the power of doing what we like, but...
Air getting cleaner
And that’s apparently a bad thing: “Researchers say that more solar energy arriving on the ground will also make the surface warmer, and this may add to the problems of global warming.” Note also that this article states that the cleaning of the earth’s skies coincided with “the collapse munist economies and the consequent decrease in industrial pollutants.” ...
A rising tide lifts all boats
This BBC Newshour story (RealAudio) following on the first Rolls-Royce automobile purchased in India in fifty years contains some interesting analysis about the state of the Indian economy. Citing the liberalization of the economy beginning in 1991, Indian diplomat Pavan Varma states that “the number of people below the poverty line have been reduced fairly dramatically.” This in spite of the protestations of the interviewer, Claire Bolderson, that the gap between rich and poor illustrates “quite a contradictory picture that’s...
NYT freak show
A New York Times editorial today argues that spreading concerns about the ethical validity of chimeras (human-animal hybrids) are unfounded. Here is a summary of the argument: 1) Strange and disturbing possibilities are more like science-fiction than real science. These “should not distract us from ing more mundane experiments with chimeras that will be needed to advance science.” 2) This is just the next logical progression. There’s no real substantive difference between transplanting organs or tissues and splicing genes. 3)...
Prayer for commerce and industry
Almighty God, whose Son Jesus Christ in his earthly life shared our toil and hallowed our labor: Be present with your people where they work; make those who carry on the industries merce of this land responsive to your will; and give to us all a pride in what we do, and a just return for our labor; through Jesus Christ our Lord, who lives and reigns with you, in the unity of the Holy Spirit, one God, now and...
‘No Sense of Urgency’
The official in charge of governmental relief funds in Indonesia is “shocked” at the lack of reconstruction progress in the Aceh province, fully five months after the Indian Ocean tsunami. BBC News reports that Kuntoro Mangkusubroto primarily blames bureaucratic wrangling for the delays. “There is no sense of urgency,” he said. Meanwhile private funding continues to flow freely as NGOs effectively implement their relief efforts. Visit Acton’s Tsunami Guide to Effective Giving for information about how your money can help...
Update on Laura Ingraham
As was noted in an earlier post, talk-radio host and friend of the Acton Institute Laura Ingraham was recently diagnosed with breast cancer. Her website is now reporting some promising news following her most recent surgery: This afternoon, Laura went back into surgery for a further “cleaning of the margins” around the original breast tumor. Dr. Katherine Alley excised a few more millimeters of tissue, and she drained the recurrent “golfball” (Laura’s term, not Dr. Alley’s) of liquid that had...
‘Kyoto is Doomed’
Iain Murray at Tech Central Station writes that the EU is going to have a lot of trouble meeting its obligations under the Kyoto Protocol, and this could have disastrous economic effects. He writes of recent statements from Spanish officials: This is a clear indication that at least one government has realized that Kyoto brings a severe economic cost with it, contrary to the protestations of the European Commission and Kyoto boosters around the world. Murray concludes, “The reality, then,...
Old Europe’s new despotism
Noting the celebration of the 200th anniversary of the birth of Alexis de Tocqueville, Samuel Gregg analyzes the current situation in Europe. “Tocqueville’s vision of ‘soft-despotism’ is thus one of arrangements that mutually corrupt citizens and the democratic state,” and clear signs of this ‘soft-despotism’ are emerging, contends Gregg. Read the full text here. ...
The flawed fast food tax
Fast Food Tax Redux As I alerted you to more than three weeks ago, Detroit mayor Kwame Kilpatrick has proposed a 2% tax on fast food restaurants, in a vain attempt to cover the city’s fiscal woes. Here’s a sneak preview to this week’s ANC feature, “The Flawed Fast Food Tax,” in which I conclude: As a rule, governments should not seek quick and temporary fixes to structural budget problems. Sin taxes like the fast food tax are quick fixes...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved