Here continues the speech given by Dallin Oaks:
Some moral absolutes or convictions must be at the foundation of any system of law. This does not mean that all laws are so based. Many laws and administrative actions are simply a matter of wisdom or expediency. But many laws and administrative actions are based upon the moral standards of our society. If most of us believe that it is wrong to kill or steal or lie, our laws will include punishment for those acts. If most of us believe that it is right to care for the poor and needy, our laws will accomplish or facilitate those activities. Society continually legislates morality. The only question is whose morality and what legislation.
In the United States, the moral absolutes are the ones derived from what we refer to as the Judeo-Christian tradition, as set forth in the Bible—Old Testament and New Testament.
Despite ample evidence of majority adherence to moral absolutes, some still question the legitimacy of a moral foundation for our laws and public policy. To avoid any suggestion of adopting or contradicting any particular religious absolute, some secularists argue that our laws must be entirely neutral, with no discernable relation to any particular religious tradition. Such proposed neutrality is unrealistic, unless we are willing to cut away the entire idea that there are moral absolutes.
Of course, not all moral absolutes are based on traditional religion. A substantial segment of society has subscribed to the environmental movement, which Robert Nisbet, a distinguished American sociologist, has characterized as a “national religion,” with a “universalized social, economic, and political agenda.” 3 So far as I am aware, there has been no responsible public challenge to the legitimacy of laws based on the environmentalists’ set of values. I don’t think there should be. My point is that religious values are just as legitimate as those based on any other comprehensive set of beliefs.
Let us apply these thoughts to the role of religions, churches, and church leaders in the public sector.
Some reject the infusion of religious-based values in public policy by urging that much of the violence and social divisiveness of the modern world is attributable to religious controversies. But all should remember that the most horrible moral atrocities of the twentieth century in terms of death and human misery have been committed by regimes that are unambiguously secular, not religious.
Even though we cannot reject religious values in law-making on the basis of their bad record by comparison with other values, there are examples of hostility to religious values in the public sector. For example, less than a decade ago, the United States Department of Justice challenged a federal judge’s right to sit on a case involving the Equal Rights Amendment on the ground that his religious views would prejudice him. The judge was Marion Callister. The religious views were LDS. In that same decade, the American Civil Liberties Union took the position that any pro-life abortion law was illegitimate because it must necessarily be founded on religious belief. 4
A few years ago some Protestant and Jewish clergymen challenged a federally financed program to promote abstinence from sexual activity among teenage youngsters. The grant recipients included BYU and some Catholic charities in Virginia and Michigan. The ACLU attorney who filed this challenge declared that “the ‘chastity law’ is unconstitutional because it violates the requirement for separation of church and state” because taxpayer dollars “are going to religious institutions, which use the funds to teach religious doctrines opposing teen-age sex and abortion.” 5 In the meantime, the “value” judgments that permit public schools to distribute birth control devices to teenagers supposedly violate no constitutional prohibition because the doctrine that opposes chastity is secular. (Source)
More to come.