Home
/
RELIGION & LIBERTY ONLINE
/
Is It Always Morally Wrong to Obey Unjust Laws?
Is It Always Morally Wrong to Obey Unjust Laws?
Dec 16, 2025 2:24 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
Fr. Gregory Jensen on American Individualism and Orthodox Asceticism
Today at Ethika Politika, Fr. Gregory Jensen, a contributor to the PowerBlog as well as other Acton publications, explores the potential of the Orthodox Christian ascetic tradition as a response to the paradox of American individualism: e to know each other in our uniqueness “only within the framework of direct personal relationships munion…. Love is the supreme road to knowledge of the person, because it is an acceptance of the other person as a whole.” Unlike the more theoretical approaches...
Report: Mass Murder of Christians in Syria
(HT: Pravoslavie.ru. Also see the interview with Russian Orthodox Metropolitan Hilarion (Alfeyev) in the new issue of Religion & Liberty on the dire situation of Christians in Syria.) In his interview to the MEDIA, a Hierarch of the Antiochian Orthodox Church, Bishop Luke of Seidnaya, has disclosed the scale of persecutions suffered by Orthodox Christians of this region since the very beginning of the uprising against the regime of Bashar Al-Assad, reports Agionoros.ru. By now, 138,000 Christians have been banished...
Finding Blessings in Unwelcome Work
Most of us have spent at least a little time workingin jobs we weren’t thrilled about. For me, it peaked with McDonald’s (no offense, Ronald). For Trevin Wax, it was Cracker Barrel: I never wanted to work at Cracker Barrel. I had business experience as an office manager, plus five years of international missions experience tucked under my belt. But none of that mattered when the most pressing question was, How will you provide for your wife and son this...
Commentary: Buying Off Discontent
“There has always been a generous spirit in America towards the downtrodden, but it’s time to realize that we are no longer being generous: the government is leading us merrily along the path of fiscal fugue,” writes Elise Hilton. So why are federal officials advising benefit applicants that they shouldn’t be “discouraged by funding issues”?The full text of her essay follows.Subscribe to the free, weekly Acton News & Commentary and other publicationshere. Buying Off Discontent: The Economic Wreckage of Disability...
Freedom and the Insufficiency of Federalism
How free is your state? The Mercatus Center at George Mason University recently released its third edition of Freedom in the 50 States, a ranking of the states in the U.S. based on how their policies “promote freedom in the fiscal, regulatory, and personal realms.” Here’s a short, humorous video promotingthe report. While there are reasons to disagree with their overly individualistic definition of “freedom,” lets assume that most conservatives and libertarians (and even a few liberals) would broadly agree...
Philip II of Moscow: A Model of Christian Enterprise
Philip at the Solovki monastery In the most recent issue of Religion & Liberty, the “In the Liberal Tradition” section profiles Metropolitan St. Philip II of Moscow for his defense of faith and freedom in the face of the tyranny of Tsar Ivan IV, known to history as “Ivan the Terrible.” In contrast to Ivan, who used his power to oppress his own people, Philip taught, “He alone can in truth call himself sovereign who is master of himself, who...
Divine Creativity in Business, Art, and Everything Else
The High Calling recently posted a helpful video about creativity in the workplace, drawing insights from innovation consultant Barry Saunders. Saunders notes that, despite our tendency to think of creativity onlyin terms of artistic expression, creativity is simply about “building ideas.” Pointing to Genesis, he observes that God gave us a clear directive to “go create things,” offering us a “foundational understanding of what we were meant to do and how we were meant to spend our days.” But getting...
In Christ Things ‘Hang’ Together
Anthony Bradley revisits the thought of Abraham Kuyper as a way of understanding the relationship between creation, Christ, and culture. Over at the Hang Together blog, Greg Forster follows up on a series of ruminations about the gospel described as both a “pearl” and a “leaven.” He proceeds to focus on the reality that so many place the Great Commission and the Cultural Mandate in conflict by highlighting a couple of scriptural passages: Colossians 3:23-24 and Romans 12:2: Whatever you...
Florida’s New Jim Crow Education System
Martin Luther King, Jr. has to be turning over in his grave. Just when you think America may be on the path to no longer judging people on the basis of skin color, we run into nonsense like the decision last fall by the Florida Department of Education, to institute race-based education standards. According to CBS News in Tampa, the Florida Department of Education, passed a revised strategic plan that says that by 2018, it wants 90 percent of Asian...
Religion & Liberty: Interview with Metropolitan Hilarion
For Syria’s Christians, it’s a time of great peril and uncertainty. Over the Holy weekend, one Christian in Syria summed up the situation in The New York Times: “Either everything will be O.K. in one year, or there will be no Christians here.” In Religion & Liberty, Metropolitan Hilarion gives considerable attention to the plight of Christians in Syria and the Middle East. On ecumenical relations, the Metropolitan also talks about the obstacles of a united front for Christianity because...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved