Moral choices 4th edition pdf

“I have profitably used Moral Choices as a central textbook in my Christian Ethics courses since it first came out in 1995. This new edition builds on the strengths of the previous editions by deepening the analysis, bringing the discussions up to date, and adding a needful new chapter on ethics and economics. The book remains clear, readable, well-informed, biblical, and pertinent for the moral questions and challenges facing Christians today.”

Doug Groothuis Professor of Philosophy, Denver Seminary

Moral Choices is characterized by particular strength in its discussion of ethical methodology, its approach to bioethical and business ethics issues, its accessibility and readability, its use of cases and discussion questions, and its engagement with a wide range of both secular and Christian thinkers through the ages. It is conservative and evangelical while remaining irenic and dialogical.”

—David P. Gushee Distinguished University Professor of Christian Ethics

Mercer University

“Scott Rae is one of the leading evangelical ethicists in North America, and this thoroughly updated version of Moral Choices features the excellence we have come to expect from his pen. Based on its breadth of coverage, depth of insight, and accessibility of style, it is now the go-to text for colleges and seminaries. It is also a must-read for pastors and laypersons who want to be informed about the ethical issues of our day. I highly recommend it.”

J. P. Moreland Distinguished Professor of Philosophy, Talbot School of Theology

“This is a well-crafted introduction to Christian ethics. Professor Rae exhibits in his work the very virtues that he extols his readers to emulate. His love of learning, Christ, and the good, the true, and the beautiful comes through loud and clear. Although one may find oneself disagreeing with Professor Rae, as I do on a few issues, you will be more informed, challenged, and enlightened as a consequence of reading this book.”

Francis J. Beckwith Professor of Philosophy and Church-Studies, Baylor University, and

Author of Defending Life: A Moral and Legal Case Against Abortion Choice

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ZONDERVAN

Moral Choices Copyright © 1995, 2000, 2009 by Scott B. Rae

All rights reserved under International and Pan-American Copyright Conventions. By payment of the required fees, you have been granted the non-exclusive, non-transferable right to access and read the text of this e-book on-screen. No part of this text may be reproduced, transmitted, downloaded, decompiled, reverse engineered, or stored in or introduced into any information storage and retrieval system, in any form or by any means, whether electronic or mechanical, now known or hereinafter invented, without the express written permission of Zondervan.

ePub Edition September 2009 ISBN: 978-0-310-32323-5

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Requests for information should be addressed to:

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Library of Congress Cataloging-in-Publication Data

Rae, Scott B. Moral choices: an introduction to ethics / Scott B. Rae—3rd ed.

p. cm. ISBN 978-0-310-29109-1 (hardcover) 1. Ethics. I. Title.

BJ1012.R32 2009 170—dc22 2009005151

All Scripture quotations, unless otherwise indicated, are taken from the Holy Bible, New International Version®. NIV®. Copyright © 1973, 1978, 1984 by International Bible Society. Used by permission of Zondervan. All rights reserved.

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Scripture quotations marked KJV are taken from the King James Version of the Bible.

Scripture quotations marked NASB are taken from the New American Standard Bible.

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Interior design by Matthew Van Zomeran

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Contents

Title Page Copyright Page Acknowledgments Publisher’s Preface

1. Introduction: Why Study Ethics? 2. Christian Ethics 3. Ethical Systems and Ways of Moral Reasoning 4. Making Ethical Decisions 5. Abortion and Embryonic Stem Cell Research 6. Reproductive Technologies 7. Biotechnology, Genetics, and Human Cloning 8. Physician-Assisted Suicide and Euthanasia 9. Capital Punishment

10. Sexual Ethics 11. The Morality of War 12. Ethics and Economics About the Publisher Share Your Thoughts

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Acknowledgments

Special thanks and appreciation are due to a number of important people who enabled this third edition to become a reality. Thanks to my colleagues at Talbot School of Theology, particularly in the philosophy department, for their intellectual stimulation and encouraging friendships—you guys provide a great environment in which to work. My deans at Talbot, Dennis Dirks and Mike Wilkins, provide substantial encouragement for writing and flexible schedules in order to finish projects and meet deadlines. Special thanks to Jim Ruark at Zondervan, who has overseen the editing of all three editions of Moral Choices—thanks for your thorough and careful work. You have made each of the three editions better. I have much appreciation for Katya Covrett, my senior editor at Zondervan, for her initiative and creativity in proposing the changes for this edition.

Many thanks to Zondervan for their desire to publish a third edition of this book. I trust that it will continue to be a useful tool, now more beneficial with the updates made for this new edition.

To my wife, Sally, and my sons, Taylor, Cameron, and Austin—thanks for your patience with me when I was getting this finished. You all are such an encouragement, and I am grateful for all that you mean to me.

I dedicate this third edition to my late father, Walter B. Rae, who taught me about morality from the way he lived.

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Publisher’s Preface

The teaching of ethics and morality has never been more challenging than it is today. Each morning of this twenty-first century seems to bring with it a news story or societal revelation that forces us to cogently think through ethical ramifications that even Solomon would have difficulty discerning.

Moral Choices is an introductory textbook written at an accessible level that allows students to clearly enter a field of study that otherwise could quickly become a quagmire. Use it with confidence in the classroom as it presents some of the most pressing moral issues facing us today, including abortion, euthanasia, homosexuality, war, capital punishment, reproductive technologies, and moral authority.

About the Author Believing “morality ultimately issues from the character of God,” Dr. Scott Rae, in teaching this subject, combines biblical studies with ethical relevancy while maintaining a timely and current perspective on such topics as “connecting the law and morality,” “natural law in Christian ethics,” “the social dimension of Old Testament ethics,” and “the biblical background of abortion.”

Writing Style Readers will appreciate the book’s succinct approach to these weighty matters. It does not deteriorate into theoretical jargon or obtuse philosophies. Rather, it unpacks key terms and distinctions in ethics to help readers become more familiar with this new territory.

Organization As new subjects are introduced and discussed, they are headlined in bold text for easy reference. Ethical dilemmas are exposed, and the author makes the case both for and against them, allowing readers to see both sides. Sidebars highlight how historic figures, documents, and events have influenced thought and dialogue about ethics.

Each chapter ends with (1) a concluding paragraph to assist students in comprehending what has just been taught; (2) a “For Further Reading” section to recommend resources for advanced study of these subjects; and (3) endnotes to facilitate the overall flow of reading for readers while also providing academic clarity to the text.

Model This book offers a practical ethical model for readers to make daily moral decisions. It also presents case studies to show how to apply that model in various sticky circumstances.

Goals Moral Choices not only introduces ethical matters to students, but also helps them develop a practical discerning framework as they face moral and immoral issues outside

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the classroom every day.

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Chapter 1

Introduction: Why Study Ethics?

In Plato’s classic work The Republic, the myth of Gyges sets out the question, Why be moral? Gyges was given the opportunity to live life as an invisible entity, able to do anything he wanted to do with no one ever discovering what he had done. That is, he could do whatever he wanted and would be assured of getting away with it. Given the chance to live life like this, the question Plato raises is, Would a person want to be moral?1 After a good deal of dialogue, Plato concluded that being moral was inherently valuable, apart from any additional benefits it produced or harm that it enabled a person to avoid.

How would you respond to the question, Why be moral? Since the moral life and moral decision making are the focal points of this book, this question is foundational. If you decide that being moral is not very important, then you probably will not spend much time reading this or any other book on ethics. But if being moral is important to you, the content of this book will be helpful in shaping how you view morality.

Most people, when they are genuinely honest with themselves, associate doing well in life with being a good person. Having moral character is still essential to most people’s conceptions of what makes a person flourish in his or her life. For example, it is difficult to imagine a person being considered a success in life if he has gained his wealth dishonestly. It is equally difficult to call a person a success who is at the top of his profession but cheats on his wife, abuses his children, and drinks too much. On the other hand, we rightly hold up a person like Mother Teresa as a model of living a good life, even though she lacked most material goods that society values. One of the principal reasons for being moral is that it is central to most concepts of human fulfillment. For the Christian, being moral is critical to a life that seeks to honor God. We could say that being moral is inherently good because it is foundational to a person’s flourishing in life, since doing well in life and being a good person still go together for most people.

The same holds true for society as a whole. Most people would not want to live in a society in which morality was unimportant, in which conceptions of right and wrong carried little weight. In fact, it is unlikely that any sort of civilized society could continue unless it had concern for key moral values, such as fairness, justice, truthfulness, and compassion. Ethics are important because they give direction to people and societies who have some sense that they cannot flourish without being moral.

Many thoughtful observers of today’s culture are growing increasingly concerned about a breakdown in morality, particularly among students and young adults. They cite phenomena such as drug use, alcoholism, teenage pregnancies, violence, juvenile delinquency, crime, and sexually transmitted diseases as evidence of the moral fabric of society coming unraveled. The alarming number of school shootings, in which students

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are killing their peers—such as the tragedies at Virginia Tech University in 2007, Northern Illinois University in 2008, and the continuing incidences of these shootings at high schools—only adds to the concern.

Ethics are crucial because moral questions are at the heart of life’s vital issues. Morality is primarily concerned with questions of right and wrong, the ability to distinguish between the two, and the justification of the distinction. Closely related are such questions as, What is a good person? What things are morally praiseworthy? What constitutes a good life? and What would a good society look like? These are fundamental to your view of the world. You cannot formulate an adequate worldview without providing answers to these moral questions.2 Practitioners in a wide variety of professions, whether or not they realize it, deal with moral questions. For example, morality is fundamental to politics, since politics and the law concern the way in which people ought to order their lives together in society. In addition, medicine and the sciences, such as genetics and molecular biology, have numerous moral overtones because they deal with the morally charged areas of life and death. Further, business provides a variety of ethical minefields that can challenge the integrity of the men and women who are striving to succeed in an ever more competitive global economy.

Ethics are also important because you face moral choices every day. Every so often you will face emotionally wrenching moral dilemmas that have no easy answers. Many decisions you will make on a day-to-day basis also involve questions of right and wrong, some of which may have easy answers but are difficult to carry out. Ethics provide the basis on which you make those decisions. Most people have an idea of what sorts of things are right and wrong. Explaining why you think something is right or wrong is altogether another question. The basis on which you make moral choices is often as important as the choices themselves. Yet few people have thought through the way in which they justify their conceptions of right and wrong.

Finally, ethics are important in facing a number of issues, including abortion, euthanasia, same-sex marriage, war, and capital punishment. Debates on issues such as these seem endless and irreconcilable, and they promise to continue far into the future. What many of these issues share is a fundamental disagreement over the ultimate source of moral authority. Some individuals hold that moral authority is ultimately a human construction, while others insist that moral authority comes from some transcendent source that is beyond human beings, such as a revelation from God or nature.3 As you read the newspaper and various news magazines and listen to television news, you will be increasingly aware of the importance of these issues. You will also notice that, apart from legal intervention, most of these issues are no closer to being resolved today than they were ten years ago.

Not only does intractable debate characterize these issues, but society has a general sense of bewilderment over a number of other issues. Many of these involve matters of science and technology that have run far ahead of ethical reflection. For example, genetic testing, gender selection, various reproductive technologies, and the use of human embryonic stem cells in the treatment of certain diseases all involve moral dilemmas that are far from resolved. Most observers in these areas acknowledge that technology has outpaced society’s ability to determine the moral parameters for its use. There is a general sense that ethics are necessary for dealing with our increasingly technological society.

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More people have an interest in ethics today than at any other time in the recent past. Some of that interest is due to the complex issues spawned by technology, while others have an alarming sense of a general moral decline in society. In addition, the numerous scandals that have rocked the business community and other professions have left some to ask if “business ethics” and “professional ethics” are indeed oxymorons. Some people are aware of the need to stress values in various educational arenas, including public schools. Many are also realizing that the value-neutral approach to education at all levels is not working, and some even suggest that such value neutrality is impossible. Although there is a greater emphasis on character in view of well-publicized business ethics failures, ethics helps determine which character traits are admirable and worth cultivating.

These reasons for the importance of studying ethics all presume that there is such a thing as genuine moral knowledge. But that notion is being increasingly called into question in philosophy today as a result of the cultural dominance of the worldview of naturalism. Among other things, the naturalist holds that all reality is reducible to that which can be perceived with one’s senses—that is, there is nothing that is real or that counts for knowledge that is not verifiable by the senses. As a result, moral knowledge has been reduced to the realm of belief and is considered parallel to religious beliefs, which the culture widely holds are not verifiable. The theist maintains that moral knowledge is genuine knowledge in the same way that scientific knowledge is real—that the notion that “murder is wrong” can be known as true and cannot be reduced to subjective opinion or belief without the risk of all morality being subjective. The theist argues that no one lives consistently, as though morality is entirely subjective, and that moral truths do exist and can be known as such.4

Overview of the Book As you read this book, you will be exposed both to foundations in ethics and to the application of those foundations to the most pressing moral issues of the day. Believing that morality ultimately issues from the character of God, I find the most critical and foundational element of ethics to be the direction that God provides, both in his Word (i.e., special revelation) and outside his Word (i.e., general revelation). Chapter 2 will outline the distinctive elements of Christian ethics. This entire book could be about Christian ethics. Some works are entirely devoted to this subject. Here you will simply get a synthesis of the main parameters of biblical ethics.

Throughout the ages, many philosophers, even some whose inquiries predate the written Scriptures, have wrestled with the questions of right and wrong and arrived at somewhat different answers. Recognizing, then, that the Bible is not the only source of ethical inquiry, chapter 3 provides an honest look at alternative ethical systems, such as relativism, utilitarianism, and ethical egoism. We will also examine the major figures who systematized them, including Plato, Aristotle, Augustine, Aquinas, and Kant. These must be brief, but I have included resources, especially original sources, should you wish to study any of these individuals or systems further. For each alternative approach to ethics, I will offer a description of the system and its major advocate, a presentation of the strong points of the system, a comparison of it with Scripture, and a critique of the system, both from within the system itself and from the perspective of Christian ethics. In order to be able to converse with an increasingly secular world about ethics and

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morality, you need exposure to the ways in which other people have done ethics. Some of these approaches contain truth that ultimately comes from God, even if the people formulating the alternative are unaware of it. Also, for the sake of clarity, I have tried to use terms in a manner consistent with their use in secular works on ethics.

Chapter 4 contains a model for making moral decisions and illustrates its use on some particularly knotty moral dilemmas. This model can be used in virtually any setting and does not require any particular worldview commitment for its profitable use. I offer this model not as a type of computer program for generating correct moral decisions, but as a guideline to ensure that all the key bases are covered when you make moral decisions. This chapter begins to build the bridge from theory to application that will be more clearly defined in subsequent chapters.

Chapters 5 through 12 deal with some of the current issues that are hotly debated both among individuals and in society. Discussion in these chapters will recognize the way these issues affect people individually (personal ethics) as well as how they affect public policy (social ethics). Since medical ethics involves some of the most frequently debated and complex issues, chapters 5 through 8 discuss such issues as abortion, reproductive/genetic technologies, and assisted suicide. Staying within the arena of ethics pertaining to life and death, chapter 9 addresses the issue of capital punishment. Chapter 10 addresses the subject of sexual ethics, which includes sexual orientation, same-sex marriage, and birth control. Chapter 11 takes up the issue that has been debated longer than any other, the morality of war, which has some new questions raised, particularly in the aftermath of 9/11 and the ongoing war on terrorism. Chapter 12 will address the intersection of ethics and economics, with an introduction to business ethics and a brief look at the moral assessment of the economic system of global capitalism.

Introducing Key Terms and Distinctions in Ethics One of the difficult aspects of studying a subject like ethics is that you are introduced to many terms with which you are unfamiliar. For example, new members of the hospital ethics committee with whom I consult are often unfamiliar with terminology customarily used by ethicists. So, to keep you from the initial shock of jumping headfirst into a new subject, this section will introduce you to some of the key terms that you will often see as you read this book.

Most people use the terms morality and ethics interchangeably. Technically, morality refers to the actual content of right and wrong, and ethics refers to the process of determining right and wrong. In other words, morality deals with moral knowledge and ethics with moral reasoning. Thus, ethics is both an art and a science. It does involve some precision like the sciences, but like art, it is an inexact and sometimes intuitive discipline. Morality is the end result of ethical deliberation, the substance of right and wrong.

Major Categories Four broad categories have traditionally fallen under the heading of ethics. They include (1) descriptive ethics, (2) normative ethics, (3) metaethics, and (4) aretaic ethics. Normative ethics will be the primary concern in this book.

First, descriptive ethics is a sociological discipline that attempts to describe the

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morals of a particular society, often by studying other cultures. Anthropologists often use it in their fieldwork to describe the moral distinctives of other cultures.

Second, normative ethics refers to the discipline that produces moral norms or rules as its end product. Most systems of ethics are designed to tell you what is normative for individual and social behavior, or what is right and wrong, both generally and in specific circumstances. Normative ethics prescribes moral behavior, whereas descriptive ethics describes moral behavior. When we examine important moral issues in later chapters, we will be trying to establish a set of norms to apply to that particular issue. When most people debate about ethics, they are debating normative ethics, or what the moral norms should be and how those norms apply to the issues at hand.

Of course, ethics is not the only normative discipline.5 For example, the law produces legal norms but not necessarily moral ones, although law and morality probably overlap significantly. In addition, there are norms of good taste and social acceptability, which we call etiquette. Further, religion produces behavioral norms, often defined by a religious authority such as a pastor or other church official, that govern one’s relationship to God. In chapter 2 we will see that Christian ethics includes a substantial overlap between duties with respect to a person’s relationship to God and duties with respect to the people around him or her.

Third, metaethics is an area of ethics that investigates the meaning of moral language, or the epistemology of ethics, and also considers the justification of ethical theories and judgments. For example, it focuses on the meaning of the major terms used in ethics, such as right, good, and just. The primary focus of technical philosophers, metaethics has been receiving more attention from a popular audience today since more people are insisting that the language of right and wrong is nothing more than an expression of personal preferences. Accordingly, some will argue that the judgment that homosexuality is wrong is not a statement about right and wrong but simply a personal distaste for homosexuality. Morality is thus reduced to matters of taste and preference and has little to do with right and wrong. We will look at this later in chapter 3 when we discuss emotivism.

Fourth, aretaic ethics is a category of ethics that focuses on the virtues produced in individuals, not the morality of specific acts. Also known as virtue theory, it is growing in popularity today. The term aretaic is taken from a Greek term that is translated “virtue.” Recognizing that there is more to the moral life than simply making right decisions, many people believe that matters of virtue and character are equally, if not more, important than the way in which we resolve moral dilemmas.

When discussing whether someone or something is moral, it helps to be very specific. Normally, making a moral judgment involves at least four specific considerations.6 First, you should consider the action itself. This is usually the focus of a moral judgment but hardly the only aspect of moral evaluation. Second, you should evaluate the motive of the person (called the “moral actor”) performing the action. In some cases the motive is the only difference between two otherwise identical actions. For example, your motive in giving something to someone is often the only difference between a gift and a bribe. Of course, sometimes you might not be able to determine the motive, in which case it cannot be assessed. Third, you should evaluate the consequences of your actions and decisions. Bear in mind, however, that actions may be inherently right or wrong, regardless of the consequences. For example, slavery in the

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pre—Civil War South was wrong regardless of how slavery benefited the Southern economy, because human beings are not objects that should be bought and sold. We will discuss this further in chapter 3 when we get to utilitarianism. Fourth, although a bit more difficult to do than the previous three considerations, you should attempt to evaluate the character of the moral actor. Character is the tendency of a person to act in predictable ways over time. Virtue theorists have led the way in insisting that any ethic that does not concern itself with character and virtue is incomplete and reduces ethics to merely a preoccupation with actions, specifically moral dilemmas that people do not often face.

We evaluate character more often than we think. For example, when we decide who we can trust, we are making an assessment of that person’s character, determining whether he or she is a trustworthy person. We certainly evaluate character when we make decisions about who we will marry, since character is critical to a good marriage. And we are usually asked to evaluate character when we write letters of reference for people. So the assessment of character is not something that should be foreign to us, though we realize that, like our judgment of motives, we may not have all the information we need to make an accurate assessment. In those cases our appraisal must remain somewhat tentative.

Ethical Systems Ethical systems may be classified as either action-oriented systems or virtue-based systems. Under these two major divisions are three subcategories by which ethical systems may be further classified: deontological systems, teleological systems, and relativism. Most of the technical terms have to do with the action-oriented systems.

First, deontological systems are systems that are based on principles in which actions (or character, or even intentions) are inherently right or wrong. There are three primary deontological systems: (1) divine command theory, (2) natural law, and (3) ethical rationalism. The Christian will tend to be more deontologically oriented because of the emphasis in Christian ethics on the commands of God as moral absolutes and guiding principles. But Christian ethics will have a substantial place in it for an ethic of virtue, since a major part of the Christian moral life involves emulating the character traits of Christ and exemplifying the fruit of the Spirit (Gal. 5:13–24).

Second, teleological systems are systems that are based on the end result produced by an action. Since the consequences rather than principles determine right actions for teleological systems, no action is inherently right or wrong in a teleological system. Whether an action is right or wrong depends on the consequences produced by that action. If it produces more beneficial consequences than harmful consequences, it is moral. If not, it is immoral. The primary form of teleological ethics is called utilitarianism, which holds that the action that produces the greatest good for the greatest number is the moral choice. More specifically, utilitarianism defines the good generally as the greatest pleasure, or preference satisfaction, and seeks that for the greatest number. Another form of teleological ethics is called ethical egoism, which maintains that the right thing to do is whatever is in a person’s self-interest. Thus, for the ethical egoist the only consequence that matters is whether it advances his or her own self-interest.

Third, relativism refers to an ethical system in which right and wrong are not

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absolute and unchanging but relative to one’s culture (cultural relativism) or one’s own personal preferences (moral subjectivism). Both forms of relativism are widely embraced today. With the current emphasis on multiculturalism and appreciation for the cultural diversity that exists in much of the world, and the importance of a culture’s values in its self-definition, it should not surprise us that there is a movement toward accepting all cultures’ values as equally valid, which is the definition of cultural relativism. Moral subjectivism is advocated every time someone says, “Whatever is right for you is okay, but what’s right for me is also okay!” Such moral subjectivism is frequently seen in one’s view of sexual morality, in which a person is particularly sensitive to having a view forced on him or her, thus reducing sexual ethics to personal preference. This view of morality is often associated with a postmodern view of the world, in which objective truth and objective morality are called into question.7

Morality and the Law As you might expect, there is substantial overlap between what is legal and what is moral. Most, if not all laws, have some moral overtones to them. For example, even laws such as one regarding driving on the correct side of the road imply a respect for life and property. We rightly assume that the person who drives on the wrong side of the road and ignores other similar traffic laws has respect for neither life nor property. Most people hold that for laws to be valid, they must have some connection to widely shared moral principles; that is, a law that violates society’s widely held values cannot be a valid one. Thus, in most cases there is a significant connection between law and morality.8

As a general rule, we will assume that the law is the moral minimum. Obeying the law is the beginning of our moral obligations, not the end. Be careful about the person who insists, “If it’s legal, then it must be moral.” That view is that the law is the moral maximum, not the minimum. There are many things that are immoral that are not illegal. Take adultery for example. Most people would agree that cheating on one’s spouse is immoral, but no one (at least in the West) goes to jail for it. In addition, lying is immoral in most cases; but only in certain contexts, such as a court of law, would someone be prosecuted for lying. In most cases violating the law is immoral, except in rare cases where the law requires a person to do something that is unethical. For example, if the law required physicians to perform abortions for everyone who requested one, many physicians would consider that an immoral law, and they would be free to engage in civil disobedience—that is, they would follow their norms of morality, violate the law, and take whatever consequences the law meted out. But cases of civil disobedience are somewhat rare today, but when they occur, the person may follow the biblical dictum that “we must obey God rather than men” (Acts 5:29).9

So the law is the moral minimum. It is the moral floor, not the ceiling! The majority of our most interesting moral dilemmas occur when confronted with the question of how far beyond what the law requires our morality demands us to go. In other words, how far beyond mere compliance with the law do my moral convictions tell me I have to go? Most of the pressing demands of morality are in those spaces where the law is not definitive, where the law is silent, or where the law allows one to do something unethical.

However, many things that are unethical ought also to be illegal. For example, fraud is immoral, and most forms of fraud are also illegal, and justifiably so. I’m sure you can

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think of many other immoral activities that should be illegal, such as murder, child abuse, and sexual assault. Be careful of the person who insists, “You can’t legislate morality!” Whether that statement is true depends on what is meant by “morality.” If moral beliefs, motives, or intentions are meant, then those certainly cannot be legislated. In fact, the First Amendment, which guarantees freedom of religion and speech, was written to keep the state out of the business of imposing beliefs on its citizens. That is, it was to protect the church from the state, not to protect the state from the church. A person’s genuine moral intent is changed by persuasion, not coercion, since intent has to do with one’s free choices. But if by morality one means “moral behavior,” then that can be, and is, legislated virtually every day around the world. Some cultures, such as Islamic cultures, use the force of law more routinely to enforce private moral behavior among consenting adults. But virtually every law is the imposition of someone’s morality, given the overlap between most laws and the moral principles that undergird them.

Some of the issues we will take up in the later chapters raise this question of whether a moral position should also be legislated in terms of public policy. For example, issues such as abortion, assisted suicide, human cloning, genetic privacy, and same-sex marriage raise important questions of what public policy should be on these matters. A variety of interest groups, including religious ones, attempt to influence what the law should be on these and other issues.

When religious groups or individuals get involved in public policy, it invariably raises questions about “the separation of church and state.” As originally intended, the First Amendment that established religious freedom only prohibited the federal government from establishing federally supported and federally sanctioned churches, as had been done in Europe with disastrous results that included religious wars and harsh religious persecutions. The First Amendment guaranteed religious freedom by prohibiting the establishment of a national church. The government was supposed to be neutral toward all religious groups. This clearly emphasized freedom of religion.

From the separation of church and state, it did not follow that the state was to be neutral or hostile toward religion in general. Many of the Founding Fathers who wrote parts of the Bill of Rights were very clear that a democracy needed the moral restraints and the grounding for rights that religion provided.10 The Founding Fathers never imagined a society in which the state would be neutral or hostile toward religion in general. As A. James Reichley of the Brookings Institution said: