Legislating morality is suddenly in vogue

Our friend from Arizona, Len Munsil, has given us permission to reproduce his well framed article LIBERALS NOW BELIEVE YOU CAN LEGISLATE MORALITY:

For decades liberals have told conservatives that when it comes to laws protecting innocent human life, defining marriage, or regulating gambling or pornography to protect families from harm -- "you can't legislate morality."

But tonight, in response to a national financial meltdown, the same liberals who argue that law can't influence moral behavior, seem to believe all our financial problems can be solved by more laws regulating moral behavior.

Particularly amusing was Rep. Barney Frank -- a prime promoter of the "you can't legislate morality" crowd who was all over television tonight decrying the immorality of Wall Street and promising new laws to legislate morality in the financial industries.

This is the same Barney Frank who, while a Congressman, had a gay lover running a male prostitution ring from his home. Now it turns out that another former gay lover of the Congressman -- who Frank described as his "spouse" -- was a top executive at Fannie May while Rep. Frank was defending and receiving lots of campaign cash from Fannie May.

All law provides a dividing line between right and wrong conduct. And of course law itself cannot prevent wrong behavior, or else we would have no theft or murder. Debates over the wisdom of legislation on issues from abortion to civil rights to financial fraud are legitimate and welcome, especially as we balance our commitment to individual liberty against the regulatory power of government.

The question on any of these issues is not whether we can legislate morality. The question is: "what moral rules are best for governing society?" With this latest attempt by liberals to legislate morality, perhaps we can have a more honest debate over other issues that liberals try to dismiss as "off limits."

And let's hope the moral zealots of the left, in their desire to punish Wall Street wrongdoers for this latest crisis, don't produce even more rules that stifle economic freedom in a way that is truly destructive to our nation's future prosperity.

In reality, there is no law that does not have a moral dimension. Law makers legislate based upon what they perceive to be right and wrong. The question is upon what standard do they determine right and wrong?