Home
/
RELIGION & LIBERTY ONLINE
/
Is It Always Morally Wrong to Obey Unjust Laws?
Is It Always Morally Wrong to Obey Unjust Laws?
Dec 27, 2025 6:25 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
Explainer: What You Should Know About the Obamacare Ruling (King v. Burwell)
In a significant victoryfor the Obama administration, the Supreme Court voted in a6-3 decisioninKing v. Burwellthat the Affordable Care Act authorized federal tax credits for eligible Americans living not only in states with their own exchanges but also in the 34 states with federal exchanges. Here is what you should know about the case and the ruling. What was the case about? At the core of the Affordable Care Act (aka Obamacare), the Court noted, were three key reforms: (1)...
Alejandro Chafuen analyzes Laudato Si’
As an economic leader brought up in Argentina, Alejandro Chafuen, president of Atlas Network, gave his perspective on Pope Francis’s eco-encyclical at Acton University last week: ...
Kishore Jayabalan reacts to the eco-encyclical on EWTN
Kishore Jayabalan, director of Istituto Acton in Rome, appeared on EWTN News Nightly last week to talk about the environmental encyclical and the pope’s emphasis on personal virtue and Christian stewardship. On Thursday, mented that the poor will actually be hurt if people consume less, highlighting the need to connect sound economics to poverty alleviation plans: And on Friday, he discussed the pontiff’s emphasis on personal responsibility and virtue, which he said sets Francis apart from most environmentalists: ...
Samuel Gregg: Pope Francis’ Overreach Plagues the Encyclical
Samuel Gregg, director of research at the Acton Institute, recently wrote for The Federalist that the overreach by the Pope into a wide range of environmental issues plagues the text of the encyclical: Neither the pope nor the teaching authority he exercises is required ment on every imaginable subject discussed in the public square, whether it is air-conditioning’s environmental impact, contemporary threats to plankton, the effect of synthetic agrotoxins on birds, or how dams affect animal migration (and, yes, all...
Explainer: What You Should Know About the Supreme Court’s Same-Sex Marriage Ruling
What was the same-sex marriage case that was decided by the Supreme Court? The Supreme Court issued its ruling on the case of Obergefell v. Hodges, which is consolidated with three other cases—Tanco v. Haslam(Tennessee);DeBoer v. Snyder(Michigan);Bourke v. Beshear(Kentucky). These cases challenged two issues concerning whether the Fourteenth Amendmentmust guarantee the right for same-sex couples to marry. What issues was the court asked to decide? The two issues that were answered in this case are: 1.Does the Fourteenth Amendment require...
Mark Tooley Gives Evangelical Perspective on the Encyclical
Mark Tooley, President of the Institute on Religion and Democracy, reacts to the recent encyclical from an evangelical perspective: The climate change issue is portrayed by the activists as being a moral issue and they put themselves forward as defenders of the oppressed and the poor around the world. But, in fact, it is the poor, especially the extreme poor, who are the most arguably in need of increased access to what, at this point, only fossil fuels can provide....
50 Key Quotes from the Supreme Court’s Same-Sex Marriage Ruling
The Supreme Court issued its ruling today on the case of Obergefell v. Hodges, legalizing same-sex marriage in all 50 states. (You can find our explainer article on the case here.) Justice Kennedy delivered the opinion of the Court, which was joined by Ginsburg, Breyer, Sotomayor, and Kagan. Justice Roberts filed a dissenting opinion, in which Scalia and Thomas joined. Scalia also wrote an opinion that was joined by Thomas. Thomas also filed a dissenting opinion that was joined by...
Beyond environment, encyclical emphasizes pope’s commitment to family issues
Paul Kengor, professor of political science at Grove City College, wrote an article published on Crisis Magazine‘s website today demonstrating that although the secular left has championed Laudato Si’, the text goes beyond environmental issues to show the pope’s mitment to family and marriage. The secular left, of course, loves this encyclical. As I write, the farthest reaches of the left, People’s World, house organ of Communist Party USA, has two articles singing atheistic hosannas to the bishop of Rome....
Bruce Walker: On Charleston and Climate Change
In The Morning Sun, a Central Michigan newspaper, frequent PowerBlog contributor Bruce Walker discusses the connection between the Charleston shootings and the recent papal encyclical: The Charleston shooting rampage is a terrible reminder that very real evil manifests itself in this world, presumably performed in the name of all that is malevolent. The sickness that devalues innocent human lives over something as arbitrary as pigmentation to the point the violent taking of those lives somehow makes sense can be only...
Forty Key Quotes from ‘Catholicism, Ecology and the Environment: A Bishop’s Reflection’
The following e from Dominique Rey’s book Catholicism, Ecology and the Environment: A Bishop’s Reflection, published in 2013 in the Acton Institute Christian Social Thought Series. 1. The current ecological crisis is first of all metaphysical. A confused understanding of the depth of being of things and a lack of respect for reason stands in the way of a correct understanding of the relationship between God and the world. 2. A distinctly Christian ecology must be theological and based on...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved