“You can’t legislate morality” has become a common turn of phrase. The truth, however, is that every law and regulation that is proposed, passed, and enforced has inherent in it some idea of the good that it seeks to promote or preserve. Indeed, no governing authority can in any way be understood to be morally neutral. Those who think such a chimerical understanding is possible could hardly be more wrong. For, in fact, the opposite is true: You cannot not legislate morality.
It is of course true that some laws will be better conceived than others, and many may fail entirely to achieve their purpose. But that they have a purpose, and that the purpose includes at least an implicit moral element, is incontrovertible. One need only ask of any law or action of government, “What is the law for?” The answer at some point will include a conception of what is good for the community in which the law holds. The inversion of the question makes the point even more clearly. What would provide a rationale for a law or governmental action apart from a moral purpose?
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