A Godless Society

August 7, 2003
 

Thomas Aquinas held that there are four types of laws, Eternal, Natural, Human, and Divine.  As a Thomist member of Congress, my duties are twofold: to philosophize and to legislate.  In legislation, I must only concern myself with Human Law insofar as it benefits the Common Good.  That is to say that I can only propose and pass laws that prevent people from harming one another.  While I may find other practices to be morally abhorrent, such as worshipping false gods or chronic masturbation, it is important that I do not attempt to pass legislation against them, as they are not detrimental the Common Good of my people. 

A recent ruling by the Supreme Court made it illegal for states to impose anti-sodomy laws.  This ruling makes it legal for gay couples to be with each other as couples and express their love through physical acts without fear of prosecution.  The next natural step in promoting gay rights is to recognize gay marriage.  Right now, the United States government prohibits homosexual marriage, defining marriage as a union between a man and a woman.  As a Christian, I must agree with the government’s definition of marriage.  It is a sacred union between man and woman, and it is the only union recognized by God.  What I also recognize, however, is that the United States is in no way a Christian country.  Furthermore, there is no evidence that homosexual marriage is harmful to the Common Good.  In fact, while I may not like the idea of gay marriage, and while homosexuality is forbidden in the Bible, when looking at society as a whole, it seems that prohibiting homosexual marriage by law is detrimental to the Common Good, by virtue of the numerous non-Christians that must endure the morality-based laws of the government.  The issue of gay marriage is a moral issue, but it is not a legal issue, and I, therefore, must conclude that any law prohibiting the union of same-sex couples is unjust. 

In the past few weeks, I have encountered many arguments for the prohibition of gay marriage.  Most arguments stem from a religious perspective, a naturalistic perspective, or the so-called “ick factor”.  The religious perspective is not allowable because laws should not be based on religious beliefs.  Some religions approve of homosexuality, including some Christian denominations.  To base a law on Christian beliefs is to impose religious beliefs on people. 

The naturalistic perspective comes in two different ways.  The first says that homosexuality is unnatural, plain and simple.  This is not the case, however, as studies have shown that animals (e.g. giraffes) have formed gay relationships with one another.  I have two cats, both neutered males, who will frequently attempt to mate with each other.  Animals are instinctive, and in many cases, their instincts drive them to homosexuality.

The other naturalistic perspective is that the purpose of marriage is to create children.  This is simply the naturalistic fallacy in action.  It says that when people marry, they produce children.  Therefore, marriage is required to produce children.  This argument presupposes two things.  First, it only applies to heterosexual marriage.  Naturally, two gay people cannot produce a child together without outside help.  Second, it assumes that all married couples want to and are able to have children.  If this is the case, it would logically follow that I should leave my wife and marry someone else, as we neither want children, nor are we able to have them. 

The “ick factor” is simply the argument that homosexual acts are physically revolting.  Again, this only applies to heterosexuals, and, even then, some heterosexuals do not agree with this.  Homosexuals, on the other hand, do not find it revolting.  Taste is not a legal basis for anything.

The question stands, then.  Why should gay marriage be legalized?  Its prohibition lies in logical fallacies and religious ideals.  While I may agree with the religious ideals, I also realize that that alone is no basis for legislation.  No evidence has yet come forward that shows that gay marriage is detrimental for the Common Good.  Restriction of gay marriage, on the other hand, is harmful to society.  It says that homosexuals are undeserving of the same rights as heterosexuals.  It prevents gay couples from enjoying the same privileges that straight couples have.  It implies that homosexuality is harmful to society. 

Since the purpose of Human Law is to promote the Common Good, any law that does not do so is unjust.  An unjust law is not a valid law, and, therefore, does not need to be obeyed.  It follows, then, that a law that does not promote the Common Good does not need to be obeyed.  Therefore, I would support the right of homosexuals to marry under the laws of our government.  If it is possible to break the law barring gay marriage, I would support that as a Congressman.  As a Christian, however, I could not.  The gay marriage issue is not very conducive to civil disobedience.

 Suppose, on the other hand, it was illegal to worship L. Ron Hubbard.  The law does not benefit the Common Good.  While I, being a Christian, as well as a person who despises Scientology in all of its manifestations, I cannot in good conscience support this law.  I would, therefore, encourage all of my constituents to worship whomever they choose, be it God, Allah, L. Ron Hubbard, or David Guthrie.

Being a Thomist in the House of Representatives poses numerous problems.  Christian thought and Biblical ideals are the backbone of Aquinas’s philosophy.  The United States, on the other hand, is founded on freedom of and from religion.  It is difficult, then, to enact the will of God within the context of a godless government.  Aquinas also had a firm grasp on Aristotelian logic and reason.  It is because of his melding Aristotle and Christianity together that a Thomist can make a good Congressperson.  It is difficult, nonetheless, but as long as I keep my faith, and follow God’s will without imposing my beliefs upon others, it is possible, especially when I only concern myself with the Common Good.