Home
/
RELIGION & LIBERTY ONLINE
/
Is It Always Morally Wrong to Obey Unjust Laws?
Is It Always Morally Wrong to Obey Unjust Laws?
Dec 11, 2025 12:26 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
The idea equation for economic growth
The key to creating economic flourishing is economic growth and the key to creating long-term economic growth is to create new ideas. But whatis the key to creating ideas that lead to innovation? EconomistAlex Tabarrok says the idea equation goes like this:Ideas = Population x Incentives x Ideas/per hour This equation is a useful way to lay out the factors affecting idea production, says Tabarrok in the video below. When we understand the factors behind production, then we can better...
The financial mess of the Vatican
The finances of the Catholic Church, and more specifically of the Vatican, are quite the mess. When Pope Francis was elected, he recognized this problem and appointed Australian Cardinal George Pell as the inaugural Prefect of the Secretariat of the Economy. Cardinal Pell was given the authority and the task to clean up the finances of the Vatican, something that has been an issue since the mid-1970s. But now reports are surfacing that Pell is losing his authority to make...
Hunger in America is on the decline
In policy and social science hunger is defined as a condition in which a person, for a sustained period, is unable to eat sufficient food to meet basic nutritional needs. While the vast majority of people who suffer from hunger live in developing countries, far too many people in America also suffer from hunger. Determining how many are affected, though, is made more difficult because we do not have an exact way to identify who lacks food. mon proxy is...
What Christians should know about (basic) economics
Note: This is the first post in a weekly video series on basic microeconomics. For the past two years I’ve been rolling out a series of posts thatattempt to define and explain a range of economic terms from a Christian context. The goalof the series is to provide Christians with a basic level of understanding that will help us thinkmore clearly about how to apply mitments to economics and public policy. But for Christians to understand how faith applies to...
‘For God and Profit’ Review: Christianity is pro-profit and pro-property
Benedikt Koehler, writing for Reaction, recently reviewed Samuel Gregg’s latest, For God and Profit. Koehler is an author whose books and articles focus on the history of economic thought. He starts the review by offering some background on why Gregg’s book is so important, citing events like the financial crisis of 2008 and some of Pope Francis’ critiques of capitalism. Then Koehler begins to dig into some of the details of Gregg’s book: The es in two halves. The first...
Samuel Gregg on the Regensburg Address, Ratzinger, and reason
In a new article for Public Discourse, Samuel Gregg, the Director of Research at Acton, talks about the “Regensburg Address” and what it means 10 years later. Benedict XVI’s speech at the University of Regensburg on September 12, 2006 “managed to identifytheinner pathology that is corroding much of the world, how this malignancy emerged, and what can be done to address it.” According to Gregg, this speech “showed how a collapse of faith in full-bodied conceptions of reason explains so...
Religious healthcare workers have a professional obligation to follow their conscience
For centuries, doctors subscribed to the Hippocratic Oath, a vow that includes admonitions against abortion, assisted suicide, and euthanasia. This oath formed the core of Western medical ethics and provided a boundary marker for a physician’s conscience by outlining an ethic of neighbor love (Cf Rom 13:8-10). But for decades the Hippocratic ideal and the Christians concept of neighbor love have been eroded in the medical field by unethical bioethicists. So it’s not surprising that we now find some bioethicists...
Orthodox Theology, Morality, and Impersonal Markets
Today at Public Orthodoxy, the blog of the Orthodox Christian Studies Center of Fordham University, I have an essay on the need for Orthodox theology to more seriously engage modern economic science. The argument would likely apply in some degree to other theological traditions as well. I write, Personal relationships and the monastic life have different norms than impersonal markets. This does not mean that markets have no norms, nor that the norms of markets should overrule any other concerns....
Explainer: What you should know about the Constitution Party platform
Note: This is the fifthin a series examining the positions of several minorparty and independent presidential candidates onissues covered by the Acton Institute. A previous series covered the Democratic Party platform (see here and here) and the Republican Party Platform (see here and here). Although minor parties—often called “third parties” to distinguish them from the dominant two—have always been a part of American politics, the dissatisfaction with the Republican and Democratic parties in the current election season has led some...
‘He needs us’: The missing ingredient in Western missions
More and more, Western churches are opening their eyesto the risks and temptations inherent in so-called “short-term missions,” whether manifested inour basic vocabulary, paternalistic attitudes, or reactionary service. As films like Poverty, Inc. and the PovertyCure seriesdemonstrate, ourcultural priorities and preferred solutions often distract us from the true identities and creative capacities of our neighbors. Paired with apassion to “do good,” and standing atop an abundance of resources, it’s easy toforget and neglect the importance of real relationship, holistic service,...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved