Can we Legislate Morality?

Can we Legislate Morality? This is an age-old question that has been kicked around since our Founding Fathers were drafting the Constitution and had extensive discussions on just how this young country should be operated.   This question recently resurfaced to me in light of the recent horrific shooting in Uvalde Texas, where 19 children and two teachers were killed.  Like many people I am incredibly shocked, saddened and my heart goes out to all the families.  I can't imagine their pain.  Why on earth would a person kill innocent children?  It goes beyond our understanding. Yet, in the days that follow, we ask and sadly ask AGAIN...what can be done to stop this killing that has become much too frequent in our lives? Now monumental discussions on the topic of gun control are everywhere we turn.

I was originally introduced to the philosophical debate of Legislating Morality in a political science class I took called: Politics, Law & Morals.  It was probably one of the best and most thought-provoking class I took.  Even though it was quite a few years ago, many of the debates still remain. We discussed abortion, gay rights, euthanasia and yes....gun control. And here we are today, grappling with many of the same issues.  This also came to mind with the recent discussions on Roe v. Wade.  I thought that was settled a long time ago. Apparently not. But don't get me started on that....perhaps that is a blog for another day.

What boggles my mind is the argument that you can't legislate morality. In my opinion, it is more a matter of semantics.  Laws can be passed to help formulate citizens into what the general population feels is "good and moral". Martin Luther King had some good insights on the subject:

“Morality cannot be legislated, but behavior can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless.”― Martin Luther King Jr.

Martin Luther King was very wise in terms of how legislation can be used to help, in some ways, to reign in some of the terrible acts that inevitably happen in our society.  Many laws that are passed, do indeed protect and defend the moral codes that are generally accepted by the society. Then again, what moral standard do legislators follow if there are interests and rights that are in conflict? Right now I am thinking of gun control, gun owners rights and all the violence that is perpetuated in the last few years. How can it possibly be resolved to make all the people happy all the time?  Can it be accomplished without infringing on citizen's amendment rights?

There are no easy answers, it is a very complex issue.  Yet I believe more questions need to be asked if we ever can have hope of finding concrete solutions.

When thinking about the basis of law and legislation, legislation is formed by ethics and morality.  Morality stems from religion.  Yet, the definition of the moral law would depend on what society and or religion you are using as a benchmark. Is it Christianity, Hindu, Islam, Humanism?  True, many of the world religions that are used as the basis for determining moral law have more similarities than differences. Yet, differences are there and what do you use to formulate the law by still respecting the citizenries moral (and religious) beliefs?  It's a tough call, it really is.  Particularly in this melting pot country of ours.  Our forefathers prided themselves on all the freedoms we established for ourselves, but sometimes managing those freedoms for everyone brings many new challenges. If there is a will there is a way, I hope we can make things better.

Specifically, getting back to the terrible problem of gun violence in this country, I know several ideas have been tried.  I personally feel starting with the issue of mental health is incredibly important.  So many of these shootings were instigated by young people with mental health issues that had gone undiagnosed.  My thoughts are that if our schools (and church Sunday school programs, perhaps) could include a curriculum that emphasized not only good physical health but mental health.  Granted, my own children have been out of the school system for many years and I do not have a direct link to my local school system. 

 Nevertheless, I am sure improvements could be made to help students and adults understand that maintaining your mental health is JUST as important as your physical health.  The stigma of having to help (or fix a problem) with  your mental health has got to change in this country.   It took me many years to be able to say : "I have Bi- Polar disorder.  I take medication and I am dealing with it...." 

It's not something to be ashamed of. The chemicals in my brain are just different than others.  I remember my doctor telling me: "If you were diabetic you take insulin...so this is just something you do to help you function well."  I wish more people realized this, and stopped thinking that mental illness is such a stigma...something not to be discussed. So I think a good start would be education and changes in the curriculum.  When I was in school, the issue that prompted change in the curriculum was sexism and expectations for boys and girls. All the girls took home economics and the boys took shop, that was just what we were "supposed" to do. Well, I was one of the first girls who took shop class and I actually learned many life skills.  By the time my sons were in school, no matter what sex you were...home economics and shop classes were available to everyone. It benefitted everyone. Wouldn't  mandatory classes to gain an understanding of how to maintain good mental health and how to ask for help if you need it be incredibly helpful? There is progress being made: a recent article published on the NEA (National Education Association) site reported on recent legislation:

In the wake of the pandemic and the mass shootings, Senators Murphy and Cassidy, who are members of the U.S. Senate Health, Education, Labor, and Pensions Committee, said there is growing support for their legislation to reauthorize the federal mental health and substance use disorder programs signed into law in 2016 as part of their Mental Health Reform Act. It is set to expire in September of this year. The new legislation, the Mental Health Reform Reauthorization Act of 2022 (S.4170) addresses COVID-19’s devastating impact on the national mental health crisis, especially among children, by building upon the 2016 legislation to improve and expand those programs. 

“The bill provides resources to increase pipelines for mental health professionals by expanding training for those who might not traditionally be providers, like pediatricians,” said Cassidy. He said it also calls for increased resources for school-based clinics to provide counseling and mental health services, expanding access through increased distribution of telehealth appointments, and that it will build more coordinated care programs so that students receive what are called “wrap around services” that include home, school, healthcare and community touchpoints.

Kudos to the people that are trying hard to find workable solutions. I know these are questions that have been asked before, but until some workable solutions can be found...we have to keep searching. And we must continue to support the working professionals...from police officers, EMTs, teachers, clergy, medical personnel and many others who are just trying to get the job done. We must continue to Search and Pray for remedies.  Here's hoping and praying for better health for all of us in Mind, Body and Soul