"How Religion Co-Opts Morality in
Legal Reasoning: A Case Study of Lawrence v. Texas"
International
Journal of Applied Philosophy 21:2 (Winter 2007), 241-251
by Julie
C. Van Camp
ABSTRACT
Some recent commentators have acquiesced
in the efforts of some religious groups to co-opt concepts of morality,
thus leading many – inappropriately, I believe – to think we must keep
all morality out of our civic life and especially out of the reasoning
in our legal system. I review examples of the confusion in
characterizing the 2003 Lawrence v.
Texas decision as a conflict between constitutional rights and
religious moral precepts. I argue that this approach capitulates to
particular views of morality as religious morality. I consider
the appeals to morality in the dissent and the ensuing confusion among
commentators about the significance of this opinion. I review alternate
readings of the Lawrence majority opinion, including proposals that it
be considered from the perspectives of the ethical frameworks of Locke,
Mill, or Kant. Finally, I will compare the language at issue in Lawrence with
the Massachusetts
Goodridge decision later that
year providing for gay marriage, two decisions often linked
in the public dialogue.
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Last updated: December 3, 2007