Legislating Morality: Martin Luther King

Democrats, such as Barack Obama and Hillary Clinton, often claim that since people disagree on the abortion question, the government should not restrict it. This often comes down to the mindless mantra that, "You cannot legislate morality." This ignores the fact that all law is based on one moral stance or another. No, you cannot make someone good by a law, but you may prohibit evil behavior (such as abortions). Moreover, law has a teaching function. Many think that what is legal is moral. Since abortion on demand has been legal since 1973, many think little of it, claiming that "My body, my choice." (Of course, the fetus is not part of the mother's body, but resides within it.)

In order to bring some sanity to this issue of legality and morality, consider this comment from Martin Luther King, made in an address in 1963. He was speaking of civil rights legislation, but the principle applies more broadly.

Now the other myth that gets around is the idea that legislation cannot really solve the problem and that it has no great role to play in this period of social change because you've got to change the heart and you can't change the heart through legislation. You can't legislate morals. The job must be done through education and religion. Well, there's half-truth involved here. Certainly, if the problem is to be solved then in the final sense, hearts must be changed. Religion and education must play a great role in changing the heart. But we must go on to say that while it may be true that morality cannot be legislated, behavior can be regulated. It may be true that the law cannot change the heart but it can restrain the heartless. It may be true that the law cannot make a man love me but it can keep him from lynching me and I think that is pretty important, also. So there is a need for executive orders. There is a need for judicial decrees. There is a need for civil rights legislation on the local scale within states and on the national scale from the federal government.

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