POL 100 Sec A050 Just & Unjust Laws
Discussion Board 13.1
- According to MLK how do we tell the difference between just and unjust laws?
I think it is a good maxim to differentiate between “just” and “unjust” laws but I also think it is very subjective. That’s where we have to be guided by our moral compasses and depend on the”good” in others. Traffic laws, if they are enforced without prejudice, can be seen as just laws. Here is a painful reality: in racist America there is a phenomenon referred to as “Driving While Black”, DWB, which is a reality for African Americans, male and female, by law enforcement officers, because of bias rather than an apparent violation of traffic laws. All motorists are morally responsible for observing a just law.
1 (b). Some states in the union have unjust laws which ban same-sex marriage. There is no federal law which prohibits same-sex marriage. This means that couples who are in love and who are ready to make a life time commitment cannot do so. It took a landmark Supreme Court case in 2015, Obergefell v. Hodges, to recognize same-sex marriage nationwide. This ruling requires all states to issue marriage licenses to couples upon request. The right for same-sex marriage is now guaranteed by the 14th Amendment’s equal protection clause. Many people, including LGBTQ activists, argued that laws opposing same-sex marriage are unjust, discriminatory and treats these couples as second-class citizens.
- In your view, is this an important distinction (between just and junust laws), do you think it makes a difference in the way someone (as an individual, or our society as a whole) lives their lives? Can it affect our politics?
Yes, this distinction between just and unjust laws can affect our political discourse and how we, in the United States, see ourselves. Some religious zealots and right wing types oppose same-sex marriage as morally wrong and as an abomination unto God. People who fall in love and wish to marry should be allowed to legally do so without interference from the Church and/or State. This opposition caused a schism in the community between the gay community and others. Opposition to State law was a result of bigotry, intolerance, homophobia, political ideologies, and religious differences (many consider homosexual acts as immoral). This despised and unjust law was challenged, defeated and tossed into the ash heap of history.
Political concerns, when it comes to just and unjust laws, run a wide gamut. Unjust laws facilitated and perpetuated slavery in America. It took a civil war to smash the slave-based aristocracy in 1865. Jim Crow state and local laws, primarily in the former Confederate slave states, legalized and enforced racial segregation. Separate water fountains and bathrooms were humiliating and a travesty; a manifestation of unjust laws.
Just laws to enforce access to integrated public schools were good laws but they, too, faced obstacles because some believed in segregation forever. Black students had to be given protection by the local police and the National Guard to attend school. Just like the right for blacks to exercise their franchise and vote at elections was a major advancement. On March 7, 1965 (aka Bloody Sunday), 600 voting rights activists, while marching to Montgomery, Alabama, were met by officers of the law who threw teargas at them and beat them back from the Edmund Pettus Bridge. This law affected our politics and way of life.
- Based on our discussion of Question 1, give an example of an unjust and just law, in the US today. Explain what makes it unjust or just (using MLK’s definition of those two types of laws).
There are no comprehensive federal laws prohibiting transgenders from using a restroom that is congruent with their gender identity. However, access by transgenders varies across the United states. In some states, the laws restrict bathroom use based on the assigned gender at birth. I noticed that, in some cities, there are gender neutral bathrooms. The legal guidelines used are based on the Civil rights Act of 1964. This prohibits discrimination based on sex. Some interpret these as laws, that also include gender identity but I think that a just law, which provides trans-inclusivity, can also provide protections against discrimination. These laws are evolving but the 14th Amendment, with its equal protection clause, is good. One has a legal and moral responsibility to obey a just law which would not discriminate against someone’s expression of the gender with which they are comfortable identifying.
Unjust laws can erode public trust in institutions and can lead to resentment. Unjust laws can harm the underrepresented and vulnerable members of the population. MLK’s description of unjust laws and our moral responsibility to disobey are apropos to laws that disqualify someone from living in decent housing. Discriminatory housing policies exclude groups of people based on income, race and gender. These policies willfully allow the disgusting practices of segregation, inequality and race. Fair housing laws and advocates for decent housing ensure that there is some decency. Redlining, which plans into racial demographics, to include certain minorities, still exists but fair housing laws protect those vulnerable buyers among us.